LeVecke Corp. v. Galloway Company, Inc.

          LEWIS BRISBOIS BISGAARD & SMITH LLP ANTHONY E. SONNETT, SB# 163182 HEIDI M. YOSHIOKA, SB# 149580 SYLVIA CHIU, SB# 269844 Attorneys for Defendant, Counterclaimant, and Third-Party Plaintiff GALLOWAY COMPANY, INC.

          STEPHENS FRIEDLAND LLP TODD G. FRIEDLAND TIMOTHY A. SPIVEY Attorneys for Plaintiff and Counterclaim- Defendant LEVECKE CORPORATION

          AMENDED STIPULATION AND PROTECTIVE ORDER RE CONFIDENTIAL DESIGNATION

          HON. KENLY KIYA KATO UNITED STATES MAGISTRATE JUDGE

         IT IS HEREBY STIPULATED by and between the parties to LeVecke Corporation, a California Corporation, vs. Galloway Company, Inc., a Wisconsin Corporation, Case No. 5:15-cv-01804-VAP(KKx), namely plaintiff and counterclaim defendant LeVecke Corporation (“LeVecke”), by and through its respective counsel of record, and defendant, counterclaimant, and third-party plaintiff Galloway Company, Inc. (“Galloway”), by and through its respective counsel of record, that in order to facilitate the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights, the parties stipulate as follows:

         1. A. 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 13.2, 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.

         B. GOOD CAUSE STATEMENT

         This action involves commercially sensitive and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, product formulas, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is justified in this matter.

         The parties agree to amend the existing protective order to provide increased protection for the disclosure of materials a Designating Party contends are highly confidential such as documents relating to the identity and the properties of the ingredients used in Galloway’s manufacture of the 2013 and 2014 cream base to LeVecke that Galloway contends are highly confidential. Such documents may be designated as “Highly Confidential - Attorney’s Eyes Only.” It is the intent of the parties that information will not be designated as confidential or highly confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case.

         2. DEFINITIONS

         2.1 Action: This pending federal lawsuit, LeVecke Corporation, a California Corporation, vs. Galloway Company, Inc., a Wisconsin Corporation, Case No. 5:15-cv-01804-VAP(KKx).

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

         2.3 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY” 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 or 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 of Record or any other outside counsel.

         2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes support staff.

         2.11 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).

         2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action.

         2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.

         2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” Or “HIGHLY CONFIDENTIAL - ATTORNEY’S EYES ONLY.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

         3. SCOPE

         The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

         Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial.

         4. DURATION

         Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews ...