United States District Court, C.D. California
Inc., Plaintiff, represented by Imran F. Vakil, Nexio PC &
Angelo Mishriki, Nexio PC.
Hatoum, Defendant, represented by Caroline H. Mankey,
Sedgwick LLP, Robert F. Helfing, Sedgwick LLP & Erica R.
Graves, Sedgwick LLP.
STIPULATION AND ORDER RE: PROTECTIVE ORDER [NOTE THE
CHANGE MADE BY THE COURT IN PARAGRAPH 7.4.4]
PYM, Magistrate Judge.
to Rule 26(c) of the Federal Rules of Civil Procedure,
Plaintiff Sream, Inc. ("Plaintiff"), and Defendant
Aref Hatoum ("Defendant"), through counsel
undersigned, jointly submit this Stipulated Protective Order
to govern the handling of information and materials produced
in the course of discovery or filed with the Court in this
PURPOSES, LIMITATIONS AND GOOD CAUSE.
Purpose and Limitations. Disclosure and discovery activity in
this action are 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. Accordingly, the parties hereby stipulate to and
petition the court to enter the following Stipulated
Protective Order. 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. The parties
further acknowledge, as set forth in Section 12.3, below,
that this Stipulated Protective Order does not entitle them
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 under seal.
Good Cause Statement. It is the intent of the parties and the
Court that information will not be designated as confidential
for tactical reasons in this case and that nothing be so
designated without a good faith belief that there is good
cause why it should not be part of the public record of this
case. Generally, information and documents shall be
designated where the Designating Party believes is
proprietary, confidential, and/or is trade secret, and which
the Designating Party would not publically release. Examples
of confidential information that the parties may seek to
protect from unrestricted or unprotected disclosure include:
â¢ Information that is the subject of a non-disclosure or
confidentiality agreement or obligation;
â¢ The names, or other information tending to reveal the
identity of a Party's supplier, designer, distributor, or
â¢ Agreements with third-parties;
â¢ Research and development information;
â¢ Proprietary engineering or technical information, including
product design, manufacturing techniques, processing
information, drawings, memoranda and reports;
â¢ Information related to budgets, sales, profits, costs,
margins, product pricing, or other internal
financial/accounting information, including non-public
information related to financial condition or performance and
income or other non-public tax information;
â¢ Information related to internal operations including
â¢ Information related to past, current and future product
â¢ Information related to past, current and future market
analyses and business and marketing development, including
plans, strategies, forecasts and competition;
â¢ Information related a treatment received by a specific
patient (as applicable); and,
â¢ Trade secrets (as defined by the jurisdiction in which the
information is located).
Unrestricted or unprotected disclosure of such confidential,
technical, commercial or personal information would result in
prejudice or harm to the Designating Party by revealing the
Designating Party's competitive confidential information,
which has been developed at the expense of the Designating
Party and which represents valuable tangible and intangible
assets of that party.
Additionally, privacy interests must be safeguarded.
Accordingly, the parties respectfully submit that there is
good cause for the entry of this Protective Order.
Action: The above captioned federal lawsuit.
"ATTORNEYS' EYES ONLY" Information or Items:
extremely sensitive "Confidential Information or Items,
" 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.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
"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).
Counsel (without qualifier): 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
"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 (1) has been
retained by a Party or its counsel to serve as an expert
witness or as a consultant in this action, (2) is not a past
or current employee of a Party or of a Party's
competitor, and (3) at the time of retention, is not
anticipated to become an employee of a Party or of a
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
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 ...