United States District Court, C.D. California, Western Division
STIPULATED PROTECTIVE ORDER AND ORDER
ROZELLA A. OLIVER, Magistrate Judge.
PURPOSES AND LIMITATIONS
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.
GOOD CAUSE STATEMENT
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.
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:
revenues generated from the sale of the accused products;
of goods associated with the accused products;
pricing points for the manufacture and sale of the accused
transactional documents associated with the import and sale
of the accused products;
revenues associated with the sale of the accused products;
profits margins associated with the sale of the accused
general financial information for the parties;
expenses for the manufacture, purchase and sale of goods;
purchase price for the accused products; and
markdown money and other discounting information.
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.
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
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
"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.
Counsel: Outside Counsel of Record and House Counsel (as well
as their support staff).
Designating Party: a Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as "CONFIDENTIAL."
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.
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.
House Counsel: attorneys who are employees of a party to this
Action. House Counsel does not include Outside Counsel ...