United States District Court, C.D. California
STORM MANUFACTURING GROUP, INC., a California Corporation, Plaintiff,
WEATHER TEC CORPORATION, a California Corporation; NICK ROGERS, an individual, and DOES 1-10, inclusive, Defendants.
[PROPOSED] PROTECTIVE ORDER
FREDERICK F. MUMM, Magistrate Judge.
WHEREAS, discovery in the above-captioned case will involve the production of certain information which Plaintiff Storm Manufacturing Group, Inc. and Defendants Weather Tec Corp. and Nick Rogers (collectively the "Parties") contend is confidential, proprietary and/or contains trade secrets, including proprietary business and personal financial information, the disclosure of which may cause competitive injury and damages to them, or which would unnecessarily invade the privacy of a party or person; and
WHEREAS, the Parties desire to agree to the following protective order to provide a procedure for the proper handling and protection of confidential information of the Parties or of non-parties;
NOW THEREFORE, the Parties hereby move for entry of a protective order on the terms set forth below:
PROPOSED PROTECTIVE ORDER
This Protective Order shall govern the handling of documents, responses to discovery requests (including responses to interrogatories, responses to requests for admission, responses to requests for production of documents, or other formal methods of discovery, including the Rule 26 exchange of documents), depositions, pleadings, exhibits, and all other information exchanged by the Parties (collectively, the "Discovery Material") in the above-captioned action.
Good Cause Statement
1. Consistent with Federal Rule of Civil Procedure 26(c), good cause exists for the Court to enter this Protective Order because the Parties could be prejudiced by the dissemination of any confidential, sensitive, and proprietary documents, information, personal financial information, and trade secrets as defined in California Civil Code §§3426, et seq. The disclosure of this information may cause competitive injury and damages to the Parties and/or would unnecessarily invade the privacy of a party or person.
Use and Disclosure Limited to this Litigation
2. The use and/or disclosure of any and all Discovery Material provided by either party in the course of this litigation, regardless of the Discovery Material's designation or lack of designation, shall be limited to use and/or disclosure in the above-captioned action. (FFM)
I. DESIGNATION OF DISCOVERY MATERIALS AS "CONFIDENTIAL" OR "ATTORNEYS' EYES ONLY"
3. The Provisions set forth below in this Protective Order shall apply only to, and may be used to designate only, documents or information provided by one Party to the other, or provided by non-parties to the Parties, as part of discovery in this lawsuit.
4. Any Party shall have the right to designate as "CONFIDENTIAL" any document or information produced in this action or in response to discovery which that Party considers in good faith to contain information involving:
(a) Confidential business or financial information that has not been publicly disclosed; or
(b) Confidential agreements with third parties; or
(c) Any material that otherwise constitutes a trade secret as that term is defined in California Civil Code §3426.1(d); or
(d) Information subject to a pre-existing confidentiality and/or privacy agreement; or
(e) Other proprietary and non-public information for which a Party reasonably believes disclosure could have an adverse business or competitive impact.
5. The Parties shall have the right to designate as "ATTORNEYS' EYES ONLY" the following documents or information produced in this action or in response to discovery, because the parties consider them to contain information that (i) is highly confidential and proprietary; (ii) constitutes a protectable trade secret, as that term is defined in California Civil Code §3426.1; and or (iii) for which disclosure could assist another Party in competing with the producing Party:
(a) Sales Projections;
(b) All sales data specific to a specified distributor;
(c) Internal discussions concerning pricing for products;
(d) Discussions with third party vendors regarding pricing and/or marketing for products;
(e) Negotiations and agreements with third parties;
(f) Communications relating to distribution and/or accounting/crediting products;
(g) Communications regarding strategy in developing new relationships and strengthening existing relationships with third ...