United States District Court, C.D. California
UNITED STATES and the STATE OF CALIFORNIA ex rel. MARK. J. BROOKS, Plaintiffs,
ARBON EQUIPMENT CORPORATION, RITE HITE HOLDING CORPORATION, and DOES 1 through 10, inclusive, Defendants.
Daniels, Fine, Israel, Schonbuch & Lebovits, LLP, Scott A. Brooks Los Angeles, California, Attorneys For Defendants ARBON EQUIPMENT CORPORATION and RITE HITE HOLDING CORPORATION.
[PROPOSED] PROTECTIVE ORDER RE PRODUCTION OF CONFIDENTIAL INFORMATION
VICTOR B. KENTON, Magistrate Judge.
WHEREFORE, in light of the substantial volume of materials and information at issue and that many of these materials and information are of the type deserving of protection, and to eliminate the need for repeated requests that the Court become directly involved in the discovery process, Relator and Defendants (collectively, "the Parties"), by and through their respective counsel, and pursuant to Rule 26 of the Federal Rules of Civil Procedure, HEREBY STIPULATE, AGREE, AND JOINTLY REQUEST, that a protective order should be entered according to the following terms and provisions:
1. This Stipulation and Protective Order shall govern documents, materials, depositions or other testimony, deposition exhibits, interrogatory responses, responses to requests for admissions, and other information (all such materials and information shall be referred to as "Information") produced by the Parties in connection with this case.
2. Any Information that a party believes in good faith contains or comprises any confidential, proprietary, commercially sensitive or trade secret information ("Confidential Information") produced by a party to this litigation ("the Producing Party") may be designated by the Producing Party as "Confidential" by marking or designating the information in the manner provided in paragraph 3 of this Stipulated Protective Order. Failure of counsel to designate Information as Confidential shall not be deemed a waiver of confidentiality, however.
3. Any Confidential Information shall be designated "Confidential" by the Producing Party by so identifying the material with the appropriate legend. Any Producing Party producing Confidential Information during or in connection with a deposition shall, on the record of the deposition, designate all or portions thereof as "Confidential" under the terms of this Stipulation and Protective Order prior to or during the deposition. Within ten days after receipt of the deposition transcript, the Producing Party will mark the portions of the deposition transcript as "Confidential" in accordance with the designations made before or during the deposition and shall provide a copy of the deposition transcript to all counsel. Only those portions of the transcript of the deposition designated "Confidential" shall be so treated, except that all copies of deposition transcripts that contain designated Information shall be prominently marked "Confidential" on the cover, and when filed with the Court, in whole or in part, shall be filed under seal. For convenience, if a deposition transcript contains repeated references to Confidential Information which cannot be conveniently segregated from non-confidential information, any party may request that the entire transcript be designated "Confidential".
4. A party may designate as "Confidential" documents or discovery materials produced by a non-party by providing written notice to all parties of the relevant documents numbers or other identification within thirty days after receiving such documents or discovery materials. Any party may voluntarily disclose to others without restriction any information designated by that party as confidential, although a document will lose its confidential status if it is made public by the party who originally designated the information as "Confidential."
5. Absent a specific order by this Court, and except as provided below, once Information has been designated as "Confidential, " it may be used solely in connection with the following action: United States ex rel. Brooks v. Arbon Equipment Corp., et al., United States District Court, Central District of California, Case No. CV11-8152 GW(VBKx), and shall not be used for any business, proprietary or commercial purpose. Any Confidential Information that is produced shall be produced only to counsel of record for the parties in this litigation. Counsel for any party who obtains any Confidential Information from any other party shall protect it and its contents from disclosure to anyone save the persons designated in this paragraph. Confidential Information shall not be used or disclosed directly or indirectly by the party receiving such Confidential Information to persons other than:
(a) The Court, persons employed by the Court, the stenographer transcribing the testimony or argument at a hearing, trial, or deposition in this action, and any special master or mediator appointed by the court or agreed-to by the parties;
(b) Counsel of record for any party to this action, as well as regular employees of such counsel, and outside copy services, used to assist in the defense or prosecution of this litigation;
(c) Experts and consultants consulted or retained by any party or counsel of record for any party to assist in the defense or prosecution of this litigation;
(d) Any individual party;
(e) Counsel for the United States Government and the State of California, as well as regular employees of such counsel; and
(f) Any employee, former employee, agent or independent contractor of any party who is requested by counsel to assist in the defense or prosecution of this litigation, provided, however, that disclosure of the Confidential Information to said individual is made only to the extent necessary for the ...