United States District Court, C.D. California, Western Division
ALICIA G. ROSENBERG Magistrate Judge
PURPOSES AND LIMITATIONS
parties have represented that 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, this Court
enters the following Protective Order. This Order does not
confer blanket protections on all disclosures or responses to
discovery. 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. Further, as set forth in Section 12.3,
below, this Protective Order does not entitle the parties to
file confidential information under seal. Rather, when the
parties seek permission from the court to file material under
seal, the parties must comply with Civil Local Rule 79-5 and
with any pertinent orders of the assigned District Judge and
GOOD CAUSE STATEMENT
light of the nature of the claims and allegations in this
case and the parties' representations that discovery in
this case is likely to involve the production of confidential
records and trade secrets (customer lists, pricing
information, and other valuable research, development,
commercial, financial, technical and/or other proprietary
information) for which special protection from public
disclosure and from use for any purpose other than
prosecution of this action is warranted, a protective order
for such information is justified in this matter. In order 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
connection with this action, to address their handling of
such material at the end of the litigation, and to serve the
ends of justice, the parties respectively request that the
Court enter this protective order as protection of such
information is justified in this matter. The parties shall
not designate any information/documents as confidential
without a good faith belief that such information/documents
have been maintained in a confidential, non-public manner,
and that there is good cause or a compelling reason why it
should not be part of the public record of this case.
Action: the instant action CREE, INC. v. SHELTER
INTERNATIONAL, INC., et al., Case No.:
2:15-cv-09738 RSWL (AGRx).
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
"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.
"HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES
ONLY" Information or Items: extremely sensitive
"CONFIDENTIAL" Information or Items, the disclosure
of which to another Party or Non-Party would create a
substantial risk of serious harm that could not be avoided by
less restrictive means.
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" or "HIGHLY CONFIDENTIAL --
ATTORNEYS' EYES ONLY."
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.
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 of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
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.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
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
Protected Material: any Disclosure or Discovery
Material that is designated as "CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL --ATTORNEYS' EYES ONLY."
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this 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 deposition testimony, conversations, or
presentations by Parties or their Counsel that might reveal
Protected Material, other than during a court hearing or at
of Protected Material during a court hearing or at trial
shall be governed by the orders of the presiding judge. This
Order does not govern the use of Protected Material during a
court hearing or at trial.
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, re-hearings, remands, trials,
or reviews of this Action, including the time limits for
filing any motions or applications for extension of time
pursuant to applicable law.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating ...