Salas v. Toyota Motor Sales, USA., Inc.

          MORGAN, LEWIS & BOCKIUS LLP David L. Schrader, Bar No. 149638, Esther K. Ro, Bar No. 252203, Jahmy S. Graham, Bar No. 300880 Attorney for Defendant TOYOTA MOTOR SALES, U.S.A., INC. ADDITIONAL COUNSEL ON SIGNATURE PAGE

          [PROPOSED] STIPULATED PROTECTIVE ORDER

          Honorable Charles F. Eick U.S. Magistrate Judge

         STIPULATED PROTECTIVE ORDER

         Plaintiffs Alfred Salas and Gloria Ortega, and Defendant Toyota Motor Sales, U.S.A, Inc. ("Toyota") (collectively, "Parties"), by and through their respective counsel, and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, hereby stipulate and agree to the terms of this Stipulated Protective Order ("Order") as follows:

         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. 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. This Order shall govern for pre-trial purposes the handling of documents, depositions, deposition exhibits, interrogatory responses, responses to requests for admissions, responses to requests for production of documents, and all other discovery obtained pursuant to the Federal Rules of Civil Procedure by or from a Party in connection with the Action (this information hereinafter referred to as "Discovery Material"). All references to "Receiving Party" and "Producing Party" throughout this Order are intended to include non-parties. The Parties further acknowledge that they will maintain the confidentiality of Covered Information (defined below), including filing such information under seal pursuant to Civil Local Rule 79-5.

         2. GOOD CAUSE STATEMENT. This action is likely to involve trade secrets, customer lists and other valuable research, development, commercial, financial, technical, pricing, 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, 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 statutes, court rules, case decisions, or common 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. It is the intent of the Parties that information will not be designated as 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.

         3. DESIGNATION OF MATERIAL AS "CONFIDENTIAL" OR "HIGHLY CONFIDENTIAL." Any Producing Party may designate Discovery Material as "Confidential" or "Highly Confidential" under the terms of this Order if the Producing Party in good faith reasonably believes that such Discovery Material contains non-public, confidential, personal, proprietary or commercially sensitive information that requires protections provided in this Order (hereinafter referred to as "Confidential Material" or "Highly Confidential Material").

         3.1 "Confidential Material." For purposes of this Order, information considered to be Confidential Material includes any information that a Party believes in good faith to be confidential or sensitive non-public information, including, but not limited to, trade secrets, research, design, development, financial, technical, marketing, planning, personal, or commercial information, as such terms are used in Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure and any applicable case law interpreting Rule 26(c)(1)(G).

         3.2 "Highly Confidential Material." For purposes of this Order, Highly Confidential Material shall include extremely sensitive "Confidential Material" and Protected Data (defined below), including, but not limited to, non-public product design and testing information, trade secrets, proprietary or other highly confidential business, financial, regulatory, or strategic information (including information regarding business plans, technical data, and non-public designs), the disclosure of which would create a substantial risk of competitive or business injury to the Producing Party.

         3.3 "Protected Data." For purposes of this Order, Protected Data includes computer code and associated comments, revision histories, formulas or schematics that define or otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure of which to a third party would create a substantial risk of serious harm. Certain Protected Data may compel alternative or additional protections beyond those afforded Highly Confidential Material, in which event the parties shall meet and confer in good faith, and, if unsuccessful, shall move the Court for appropriate relief.

         3.4 Confidential Material, Highly Confidential Material and Protected Data are collectively defined as "Covered Information."

         4. MARKING OF DOCUMENTS. The designation of Discovery Material as Confidential Material or Highly Confidential Material or Protected Data for purposes of this Order shall be made in the following manner:

         4.1 TIFF Documents. In the case of documents or other materials (apart from depositions or other pre-trial testimony), designation shall be made by affixing the legend "Confidential" or "Highly Confidential" to all pages in each document containing any Confidential Material or Highly Confidential Material, respectively.

         4.2 Native Documents. With respect to documents or materials containing Covered Information produced in Native Format, the Producing Party shall include the highest level of confidentiality designation in the filename.

         4.3 Designating Depositions. With respect to any deposition, confidential treatment may be invoked by designating specific pages and/or lines as "Confidential" or "Highly Confidential" on the record at the deposition, or by serving such designations within 15 days after receipt of the transcript of the deposition in which the designations are made. All deposition transcripts shall be treated as Highly Confidential for 15 days following receipt of the transcript.

         4.4 Non-Written Materials. Any non-text Covered Information (e.g., videotape, audio tape, computer disk, etc.) may be designated as such by labeling the outside of such material as "Confidential" or "Highly Confidential." In the event a Receiving Party generates any "hard copy" transcription or printout from any such designated non-written materials, the person who generates such "hard copy" transcription or printout shall take reasonable steps to maintain the confidentiality of such materials and properly identify and stamp each page of such material as "Confidential" or "Highly Confidential" consistent with the original designation by the Producing Party.

         5. MATERIALS PREPARED BASED UPON COVERED INFORMATION. The protections conferred by this Order cover not only Covered Information (as defined above), but also (1) any information copied or extracted from Covered Information; (2) all copies, excerpts, summaries, or compilations of Covered Information; and (3) any testimony, conversations, or presentations by the Parties or their counsel that might reveal Covered Information. All such information shall be designated with the appropriate confidentiality legend, and shall be subject to all of the terms of this Order.

         6. NOTICE TO NON-PARTIES. Any Party issuing a subpoena to a nonparty shall enclose a copy of this Protective Order with a request that, within ten (10) business days, the non-party either request the protection of this Protective Order or notify the issuing Party that the non-party does not need the protection of this Protective Order or wishes to seek different protection.

         7. GOOD-FAITH BELIEF. For purposes of this Order, the Party designating Discovery Material as "Confidential" or "Highly Confidential" (the "Producing Party") bears the burden of establishing the appropriate designation of all such Discovery Material. The designation of any Discovery Material as "Confidential" or "Highly Confidential" pursuant to this Order shall constitute the verification by the Producing Party and its counsel that the material constitutes "Confidential" or "Highly Confidential" as defined above. Blanket designation of documents or information as "Confidential" or "Highly Confidential" ...