United States District Court, C.D. California
DISCOVERY
MATTER
KING,
HOLMES, PATERNO & SORIANO, LLP HOWARD E. KING, ESQ., STATE
BAR NO. 77012 SETH MILLER, ESQ., STATE BAR NO. 175130,
Attorneys for Plaintiff SISYPHUS TOURING, INC.
PROTECTIVE ORDER
Upon
stipulation of the parties and consideration of the
representations of the parties and the matters presented to
the Court, the Court enters this Order to provide for
protection of the respective parties' confidential,
proprietary and financial information for purposes of
discovery and pre-trial in this proceeding.
1.
Information Subject To The Protective Order:
The
parties seek protection for, including without limitation,
confidential, proprietary, and/or financial information that
has not been made public. Each of the parties hereto
represents to the Court in regard only to its own respective
confidential materials that the foregoing materials are and
at all times have been maintained in confidence by each
respective party, are not publicly available, and have not
been disclosed to third parties except to the extent
reasonably necessary for business purposes under
circumstances where the confidentiality of the materials
would be maintained; and that public disclosure of the
foregoing materials, including to each respective party's
competitors, could cause competitive injury and prejudice, or
is information of a personal and confidential nature in which
the affected person has a reasonable expectation of privacy.
The foregoing is by way of example only and is not intended
to limit and is without prejudice to: (a) the nature or scope
of materials subject to protection hereunder, or the right of
any party to challenge the scope of materials subject to
protection; (b) any party's right to challenge any other
party's confidentiality designation made hereunder with
respect to any specific documents or information produced in
discovery; or (c) any party's objections to producing any
specific documents or information in discovery or otherwise
in connection with this action.
2. For
the purposes of this Order, the words "document"
and "documents" are used in the broadest possible
sense and refer, without limitation, to documents as they are
defined in Fed.R.Civ.P. 34(a)(1)(A) and 34(b)(2)(B).
3. In
connection with discovery proceedings in this action, the
parties may designate any document, thing, material,
testimony, or other information derived therefrom, as
"Confidential" under the terms of this Protective
Order. Confidential information is information which has not
been made public and which concerns or relates to the matters
described in Paragraph 1, above.
4. By
designating a document, thing, material, testimony or other
information derived therefrom as "Confidential"
under the terms of this Order, the party making the
designation is certifying to the Court that there is a good
faith basis in law and in fact for the designation within the
meaning of Fed.R.Civ.P. 26(g).
5.
Confidential documents produced in physical format (including
copies of physical documents produced in PDF, .tiff or other
machine-readable format) shall be so designated by stamping
copies of the document produced to a party with the legend
"CONFIDENTIAL" or by cover letter designation
identifying the page number(s) of the production that the
party designates as Confidential. Stamping the legend
"CONFIDENTIAL" on the cover of any multipage
document shall designate all pages of the document as
Confidential, unless otherwise indicated by the producing
party. Responses to interrogatories or requests for
admissions may be designated as "CONFIDENTIAL" by
clearly labeling them as such on the cover or the responses
or in the body of any individual response(s). Any
Confidential electronically stored information produced on
magnetic disks or other computer-related media may be
designated as such by labeling each disk or analogous media
"CONFIDENTIAL" when produced. Electronic or native
documents or information shall be similarly labeled where
practicable, and where not practicable, written notification
by a producing party that it is producing materials
designated as "CONFIDENTIAL" shall suffice for
Confidential treatment as provided herein.
6.
Testimony taken at a deposition may be designated as
Confidential by making a statement to that effect on the
record at the deposition or, within 10 days of the
preparation of the transcript of the deposition, identifying
in writing the confidential portions of the transcript. Upon
a party identifying the testimony as Confidential prior to
preparation of the transcript, the court reporter shall
prepare the transcript of the testimony in a separate binder
designated as confidential. Testimony designated as
confidential after the transcript is prepared shall be
maintained as confidential, and counsel will be responsible
for marking the copies of the transcript in their possession
or under their control as confidential in accordance with the
designation.
7.
Material designated as Confidential under this Protective
Order, the information contained therein, and any summaries,
copies, compilations, abstracts, or other documents derived
in whole or in part from material designated as confidential
(hereinafter "Confidential Material") shall be used
by the receiving party only for the purpose of the
prosecution, defense, or settlement of this action, including
any appeals, and for no other purpose.
8.
Confidential Material produced pursuant to this Protective
Order may be disclosed or made available only to the Court,
to counsel for a party (including the paralegal, clerical,
and secretarial staff employed by such counsel, and in-house
counsel), and to the "qualified persons" designated
below:
(a) a party, or an officer, director, employee, manager, or
representative of a party deemed necessary by counsel to aid
in the prosecution, defense, or settlement of this action;
(b) experts or consultants (together with their clerical
staff) retained by such counsel to assist in the prosecution,
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