United States District Court, C.D. California
ALFRED SALAS and GLORIA ORTEGA, individually, and on behalf of a class of similarly situated individuals, Plaintiffs,
v.
TOYOTA MOTOR SALES, U.S.A., INC., a California corporation, Defendant.
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"
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