United States District Court, C.D. California
DECKERS OUTDOOR CORPORATION, a Delaware Corporation, Plaintiff,
ICONIX BRAND GROUP, INC., a Delaware Corporation; KMART CORPORATION, a Delaware Corporation; and DOES 1-10, inclusive, Defendants.
H. Blakely (SBN 157292) Cindy Chan (SBN 247495) Jessica C.
Covington (SBN 301816) BLAKELY LAW GROUP Attorneys for
Plaintiff Deckers Outdoor Corporation
Manuel L. Real, Judge
certain documents and information have been and may be
sought, produced, or exhibited by and between the parties in
the above-captioned actions that relate to the parties'
financial, competitive, personnel, or other kinds of
commercially sensitive information that the party making the
production deems confidential; and
it has been agreed by and among plaintiff Deckers Outdoor
Corporation and Defendants Iconix Brand Group, Inc. and Kmart
Corporation through their respective counsel, that a
stipulated protective order ("Protective Order")
preserving the confidentiality of certain documents and
information should be entered by the Court; and
the Court has reviewed the terms and conditions of this
Protective Order submitted by the parties;
HEREBY ORDERED THAT this Protective Order shall govern all
Confidential Material disclosed by a Producing Party to any
Discovering Party. This Protective Order is binding on the
Parties, including their respective corporate parents,
subsidiaries, and affiliates, and their respective attorneys,
agents, representatives, officers, employees, and others as
set forth in this Protective Order, effective as of the date
all parties execute this stipulation.
used in this Protective Order:
a. "Confidential Material" means Material
designated as "CONFIDENTIAL" or
"ATTORNEYS' EYES ONLY" under Paragraphs 2 and 3
b. "Designating Party" means any Person who
designates Material as Confidential Material.
c. "Discovering Counsel" means counsel of record
for a Discovering Party.
d. "Discovering Party" means the Party to whom
Material is being Provided by a Producing Party.
e. "Material" means any document, testimony,
exhibit, declaration, affidavit, or information in any form
or medium whatsoever, including, without limitation, any
written or printed matter, Provided in these actions by a
Party before or after the date of this Protective Order.
f. "Party" means a party to these actions, their
attorneys of record, and their agents.
g. "Person" means any individual, corporation,
partnership, unincorporated association, governmental agency,
or other business or governmental entity whether a Party or
h. "Producing Party" means any Person who Provides
Material during the course of these actions.
i. "Provide" means to produce any Material, whether
voluntarily or involuntarily, whether pursuant to request or
Producing Party may designate as "CONFIDENTIAL" any
Material that contains or discloses any of the following:
a. Non-public insider, personnel, financial, trade secret,
commercial, proprietary, or other confidential or sensitive
information which the Producing Party determines in good
faith should be kept confidential; and b. Information that
the Party is under a duty to preserve as confidential under
an agreement with or other obligation to another Person.
Producing Party may designate as "ATTORNEYS' EYES
ONLY" any Material that contains or discloses
information that it in good faith believes to be extremely
commercially sensitive or would provide a competitive
advantage to competitors or compromise or jeopardize the
Producing Party's business interests if disclosed.
Producing Party may designate Confidential Material by either
of the following methods:
a. By physically marking the Material with the designation
"CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY" prior to Providing it to a Party. For purposes of
this method of designation, the marking will be placed
clearly on each page of the document Provided. For deposition
and hearing transcripts, the marking will be placed on the
cover page of the transcript.
b. By identifying with specificity in writing to the
Discovering Party any previously Provided Material that was
not designated as Confidential Material prior to its having
been Provided. For purposes of this method of designation, it
will be a sufficiently specific identification to refer to
the Bates numbers or deposition page numbers of previously
Provided Material. Where a Producing Party designates
previously Provided Material as Confidential Material
pursuant to this subparagraph, the Producing Party will
follow the procedures set forth in the previous subparagraph
for designating Confidential Material and Provide to the
Discovering Party additional copies of the previously
Provided Material marked with the designation
"CONFIDENTIAL" or "ATTORNEYS' EYES
ONLY." Upon receiving such additional copies, the
Discovering Party will destroy all the previously Provided
Material. For previously Provided Material that was not
designated as Confidential Material at the time it was
Provided, this Protective Order shall apply beginning on the
date that the Producing Party makes such a designation.
Confidential Material may only be filed under seal or in
camera in accordance with Civil Local Rule 79-5, the Pilot
Project for the Electronic Submission and Filing of Under
Seal Documents, and the Orders of this Court.
ON USE OF CONFIDENTIAL MATERIAL
Material designated as CONFIDENTIAL and ATTORNEYS' EYES
ONLY shall not be disclosed, nor shall their contents be
disclosed, to any Person not listed, respectively, in
Paragraphs 8 and 9 below, and other than in accordance with
the terms, conditions, and restrictions of this Protective
Confidential Material shall not be used by the Discovering
Party, including by the individuals identified in Paragraphs
8 and 9 below, for any purpose other than the prosecution or
defense of these actions, including for any personal,
business, governmental, commercial, ...