Klauber Brothers, Inc. v. H&M Hennes & Mauritz LP

          STIPULATED PROTECTIVE ORDER AND ORDER THEREON

          ROZELLA A. OLIVER, Magistrate Judge.

         STIPULATED PROTECTIVE ORDER

         1. INTRODUCTION

         1.1 PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential proprietary or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         1.2 GOOD CAUSE STATEMENT

         This lawsuit involves, inter alia, a copyright claim wherein Plaintiff Klauber Brothers, Inc. alleges that the defendants copied a fabric design and sold allegedly infringing products (the "accused products") to the public.

         The parties anticipate that discovery in this matter will seek confidential and proprietary information, including, but not limited to, relative to the production and sale of the accused products as follows:

         â€¢ revenues generated from the sale of the accused products;

         â€¢ cost of goods associated with the accused products;

         â€¢ pricing points for the manufacture and sale of the accused products;

         â€¢ transactional documents associated with the import and sale of the accused products;

         â€¢ licensing agreements;

         â€¢ gross revenues associated with the sale of the accused products;

         â€¢ profits margins associated with the sale of the accused products;

         â€¢ general financial information for the parties;

         â€¢ expenses for the manufacture, purchase and sale of goods;

         â€¢ marketing channels;

         â€¢ purchase price for the accused products; and

         â€¢ markdown money and other discounting information.

         The parties are all involved in the fashion industry. This financial information is not intended for public disclosure. The parties, in the past, have routinely sought and agreed to prevent sensitive financial information from entering into the public domain. Further, public disclosure of sensitive financial information will cause harm to the parties as competitors could use this information to gain an advantage in the fashion industry.

         2. DEFINITIONS

         2.1 Action: The pending federal lawsuit, entitled Klauber Brothers, Inc. v. H&M Hennes & Mauritz L.P., et al., Case No. 2:16-cv-00840-CAS-RAO, which involves claims of copyright infringement.

         2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.3 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

         2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff).

         2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

         2.6 Disclosure of Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

         2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action.

         2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel ...