United States District Court, C.D. California
G. ROSENBERG United States Magistrate Judge
A. PURPOSES AND LIMITATIONS
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 Order does not confer blanket protections on
all disclosures or responses to discovery and 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.
As set forth in Section 12.3, below, this Protective Order
does not entitle parties 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
GOOD CAUSE STATEMENT
action is likely to involve and the Parties' pricing
lists and/or other valuable development, commercial, and/or
financial, technical 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
Action: Jacobo v. Ross Stores, Inc., CV
15-4701 MWF (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.
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.
"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES
ONLY" Information or Items: extremely sensitive
Confidential Information, disclosure of which to another
party or non-party (e.g., a competitor) would create a
substantial risk of serious harm that could not reasonably be
avoided by less restrictive means.
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." 2.16
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
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
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.
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 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 Material
for Protection.Each Party or Non-Party that designates
information or items for protection under this Order must
take care to limit any such designation to specific material
that qualifies under the appropriate standards. The
Designating Party must designate for protection only those
parts of material, documents, items, or oral or written
communications that qualify so that other portions of the
material, documents, items, or communications for which
protection is not warranted are not swept unjustifiably
within the ambit of this Order.
indiscriminate, or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that
have been made for an improper purpose (e.g., to
unnecessarily encumber the case development process or to
impose unnecessary ...