THOMAS HARDY, individually and on behalf of a class of similarly situated individuals, Plaintiff,
TOSHIBA AMERICA INFORMATION SYSTEMS, INC., Defendant.
GREENBERG TRAURIG, LLP, PHILIP R. SELLINGER (SBN 226468), GREGORY A. NYLEN (SBN 151129), Los Angeles, CA.
GREENBERG TRAURIG, LLP, DAVID JAY (Admitted Pro Hac Vice), TODD L. SCHLEIFSTEIN (admitted Pro Hac Vice), Florham Park, NJ, Attorneys for Defendant, Toshiba America Information Systems, Inc.
CADDELL & CHAPMAN, Cory S. Fein, Attorneys for Plaintiff.
STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIALITY AND INADVERTENT DISCLOSURE
JEAN P. ROSENBLUTH, Magistrate Judge.
WHEREAS, the parties anticipate that, through discovery, they may seek to obtain documents and information that may be of a confidential nature within the meaning of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure;
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, as follows.
1. Definitions. The following words and phrases have the following meanings for the purposes of this Order.
a. "Producer" means a party or non-party who or which produces the following documents or material (collectively, "Documents, " or individually, a "Document") in connection with this action.
i. Documents or physical evidence produced in response to document requests, interrogatories, requests for admissions, notices of inspection, or subpoenas;
ii. Responses to document requests, interrogatories and requests for admission; or
iii. Deposition transcripts, including exhibits thereto.
b. "Confidential Material" means Documents and information containing confidential research, development, or commercial information within the meaning of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. If a party learns at any time that a Document containing his or its sensitive or proprietary information exists in the other party's files and has not previously been designated as Confidential Material, the party shall be entitled to do so pursuant to paragraph 15 below.
c. "Highly Confidential Material" means Documents and information containing highly sensitive business and technical information related to
i. Current trade secrets;
ii. Current confidential technical information; or
iii. Highly sensitive information that is of current significance, including without limitation, (a) strategic, product or price planning; (b) competitively sensitive business decisions or negotiations; (c) competitively sensitive marketing studies, distribution, pricing, cost, sales, and marketing information; (d) financial, budgeting or accounting information; (e) current or sensitive design documents and specifications; and (f) other current competitively sensitive information, the current disclosure of which to a competitor would be detrimental to the party providing the Documents or information, that either party to this action so designates.
d. "Designator" means a party to this action which or who designates documents as Confidential Material or Highly Confidential Material.
2. Limitation on Use of Confidential and Highly Confidential Material
a. All Confidential Material produced in this litigation shall be used by the parties and their respective counsel solely for the purpose of this litigation and for no other purpose, including without limitation, any future actions to be brought by Plaintiff or any non-party, and shall not at any time be shared with non-parties to this action (except as provided for in paragraph 8), including without limitation, counsel who are not counsel of record for the parties to this action. Moreover, upon written request of the Producer, all Confidential Material shall be returned or destroyed at the conclusion of the litigation, notwithstanding the existence of any pending or prospective dispute as to the confidentiality of the underlying information contained in the Confidential Material, pursuant to paragraph 13 below.
b. All Highly Confidential Material produced in this litigation shall be used by counsel of record to the Parties in this action, solely for the purpose of this litigation and for no other purpose, including without limitation, any future actions to be brought by Plaintiff or any non-party, and shall not at any time be shared with the parties or with any other individual or entity not entitled to have access to the Highly Confidential Material under the terms of this Order. Moreover, upon written request of the Producer, all Highly Confidential Material shall be returned or destroyed at the conclusion of the litigation, notwithstanding the existence of any pending or prospective dispute as to the confidentiality of the underlying information contained in the Highly Confidential Material, pursuant to paragraph 13 below.
3. Designation of Confidential and Highly Confidential Material - Documents. Designation of Documents as Confidential Material or Highly Confidential Material shall be made by placing the legend "CONFIDENTIAL" (the "Confidential Legend") or "HIGHLY CONFIDENTIAL" (the "Highly Confidential Legend") on the face of the Document and on each page so designated or by otherwise designating a category or group of Documents in clear and unambiguous language to this effect in a letter to the other party or in a ...