United States District Court, C.D. California
MOHAJERIAN APC By Al Mohajerian Attorney for Plaintiff
Puretek Corp.
GALLAGHER & KENNEDY, P.A. By: Kenneth M. Motolenich-Salas
Kenneth M. Motolenich-Salas Attorney for Defendants Patchwerx
Labs, Inc. and Paul Smith.
CRONE
HAWXHURST LLP By: Daryl Crone with permission Daryl M. Crone
Attorney for Defendant Safe Chain Solutions, LLC
GORDON
REES LLP By: Douglas Van Blarcom with permission Douglas Van
Blarcom Attorney for Defendant Gulf Coast Pharmaceuticals
Plus, LLC
STIPULATED PROTECTIVE ORDER
HON.
JEAN P. ROSENBLUTH, UNITED STATES MAGISTRATE JUDGE
1.
PURPOSE AND LIMITS OF THIS ORDER
Discovery
in this action is likely to involve confidential,
proprietary, or private information requiring special
protection from public disclosure and from use for any
purpose other than this litigation. Thus, the Court enters
this Protective Order. This Order does not confer blanket
protections on all disclosures or responses to discovery, and
the protection it gives from public disclosure and use
extends only to the specific material entitled to
confidential treatment under the applicable legal principles.
This Order does not automatically authorize the filing under
seal of material designated under this Order. Instead, the
parties must comply with L.R. 79-5.1 if they seek to file
anything under seal. This Order does not govern the use at
trial of material designated under this Order.
As used
in this Order, “CONFIDENTIAL” information and
materials shall include all information and materials that
have not been made public, the disclosure of which the
disclosing party contends could cause harm to its business
operations or provide improper advantage to others.
“Confidential” information and materials shall
include, but shall not be limited to information that
concerns or relates to (1) sales, marketing, manufacturing,
or research and development; (2) financial performance; (3)
manufacturing or other costs of doing business; (4) licenses
or other confidential agreements; and/or (5) technical
details of products or methods of doing business and/or
marketing;
As used
in this Order, “HIGHLY CONFIDENTIAL - ATTORNEY EYES
ONLY” information and materials shall include trade
secrets within the meaning of the Uniform Trade Secrets Act
and all information and materials that the disclosing party
has reasonable grounds to believe would, if known to any
officer, director, employee, or agent of a receiving party,
or to the public, lead to a significant harm or injury to the
reputation and/or business of the disclosing party or provide
improper advantage to others.
2.
DESIGNATING PROTECTED MATERIAL
2.1
Over-Designation Prohibited.
Any
party or non-party who designates information or items for
protection under this Order as “CONFIDENTIAL, ”
“HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY” (a
“designator”) must only designate specific
material that qualifies under the appropriate standards. To
the extent practicable, only those parts of documents, items,
or oral or written communications that require protection
shall be designated. Designations with a higher
confidentiality level when a lower level would suffice are
prohibited. Mass, indiscriminate, or routinized designations
are prohibited. Unjustified designations expose the
designator to sanctions, including the Court’s striking
all confidentiality designations made by that designator.
Designation under this Order is allowed only if the
designation is necessary to protect material that, if
disclosed to persons not authorized to view it, would cause
competitive or other recognized harm. Material may not be
designated if it has been made public, or if designation is
otherwise unnecessary to protect a secrecy interest. If a
designator learns that information or items that it
designated for protection do not qualify for protection at
all or do not qualify for the level of protection initially
asserted, that designator must promptly notify all parties
that it is withdrawing the mistaken designation.
2.2
Manner and Timing of Designations.
Designation
under this Order requires the designator to affix the
applicable legend (“CONFIDENTIAL, ” or
“HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY”) to
each page or item that contains protected material. For
testimony given in deposition or other proceeding, the
designator shall specify all protected testimony and the
level of protection being asserted. It may make that
designation during the deposition or proceeding, or may
invoke, on the record or by written notice to all parties on
or before the next business day, a right to have up to 21
days from the deposition or proceeding to make its
designation.
Parties
shall give advance notice if they expect a deposition or
other proceeding to include designated material so that the
other parties can ensure that only authorized individuals are
present at those proceedings when such material is disclosed
or used. The use of a document as an exhibit at a deposition
shall not in any way affect its designation. Transcripts
containing designated material shall have a legend on the
title page noting the presence of designated material, and
the title page shall be followed by a list of all pages
(including line numbers as appropriate) that have been
designated, and the level of protection being asserted. The
designator shall inform the court reporter of these
requirements. Any transcript that is prepared before the
expiration of the 21-day period for designation shall be
treated during that period as if it had been designated
HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY unless otherwise
agreed. After the expiration of the 21-day period, the
transcript shall be treated only as actually designated.
2.3
Inadvertent Failures to Designate.
An
inadvertent failure to designate does not, standing alone,
waive protection under this Order. Upon timely assertion or
correction of a designation, all recipients must make
reasonable efforts to ensure that the material is treated
according to this Order.
3.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
All
challenges to confidentiality designations shall proceed
under L.R. 37-1 through L.R. 37-4.
4.
ACCESS TO DESIGNATED MATERIAL
4.1
Basic Principles. A receiving party may use designated
material only for this litigation. Designated material may be
disclosed only to the categories of persons ...