United States District Court, C.D. California, Western Division
SWEET PEOPLE APPAREL, INC. d/b/a, MISS ME, a California corporation, and RCRV, INC. d/b/a ROCK REVIVAL, a, California corporation, Plaintiffs,
PHOENIX FIBERS, INC., an Arizona corporation, U.S. GENERAL EXPORT, INC., a California corporation, SAC INTERNATIONAL TRADERS, INC., a California corporation, SHAUKAT ALI, CHOHAN, an individual, COMAK, TRADING, INC., a California, corporation, LYDIA EVILSA TERRAZAS CHO, an individual, MYUNG KWON CHO, an individual, TIFFANY ALANA WOLFF, an individual d/b/a MISS V LANE, XYZ COMPANIES 1-10, and JOHN AND JANE DOES 1-10, Defendants.
People Apparel, Inc., Plaintiff, represented by John C. Ulin,
Arnold and Porter LLP, Louis S. Ederer, Arnold and Porter
LLP, pro hac vice, Matthew T. Salzmann, Arnold and Porter
LLP, pro hac vice & Eric D. Mason, Arnold and Porter LLP.
Inc., Plaintiff, represented by John C. Ulin, Arnold and
Porter LLP, Louis S. Ederer, Arnold and Porter LLP, pro hac
vice, Matthew T. Salzmann, Arnold and Porter LLP, pro hac
vice & Eric D. Mason, Arnold and Porter LLP.
Phoenix Fibers, Inc., Defendant, represented by William C.
O'Neill, Ross Wersching and Wolcott LLP.
Trading, Inc., Defendant, represented by Sagi Schwartzberg,
Schwartzberg & Associates, APC & Michael James Luther,
Schwartzberg Luther APC.
Evilsa Terrazas Cho, Defendant, represented by Sagi
Schwartzberg, Schwartzberg & Associates, APC.
Kwon Cho, Defendant, represented by Sagi Schwartzberg,
Schwartzberg & Associates, APC.
General Export, Inc., Defendant, represented by Eugene S.
Alkana, Eugene S Alkana Law Office.
Trading, Inc., Cross Claimant, represented by Sagi
Schwartzberg, Schwartzberg & Associates, APC & Michael James
Luther, Schwartzberg Luther APC.
General Export, Inc., Cross Claimant, represented by Eugene
S. Alkana, Eugene S Alkana Law Office.
Phoenix Fibers, Inc., Cross Defendant, represented by William
C. O'Neill, Ross Wersching and Wolcott LLP.
STIPULATED PROTECTIVE ORDER FOR CONFIDENTIAL
TREATMENT OF DOCUMENTS OR INFORMATION [CHANGE MADE TO
JACQUELINE CHOOLJIAN, Magistrate Judge.
connection with the production of confidential documents and
other confidential information in this action, the parties,
through their respective counsel, hereby enter into this
Stipulated Protective Order for Confidential Treatment of
Documents or Information (the "Stipulated Protective
of Good Cause: This action involves claims for, among other
things, trademark infringement and unfair competition under
the Lanham Act, 15 U.S.C. Â§ 1051, et seq., unfair
competition and dilution under California statutory law, and
common law trademark infringement, unfair competition and
breach of contract under California law. The parties are
variously designers, distributors, retailers, recyclers and
resellers of jeanswear and other apparel items. The parties
recognize that discovery requesting information from the
parties, their vendors, customers and clients, including
financial information, market information and other
commercially and competitively sensitive information may be
necessary to prove and/or disprove Plaintiffs' claims and
Defendants' defenses. The parties further anticipate that
there will be depositions of the parties' employees or
agents and third party customers or clients, and such persons
will likely be asked questions on these potentially sensitive
subject areas. Plaintiffs believe that they will likely be
placed at a competitive or economic disadvantage if such
confidential and/or proprietary information is disclosed to
other parties and/or the public at large. Plaintiffs believe
that Stipulated Protective Order is therefore necessary to
avoid any prejudice or harm in the form of loss of
competitive advantage which would likely result if such
information was disclosed in the absence of the protections
set forth herein. Plaintiffs believe that this Stipulated
Protective Order is also necessary for the orderly management
of this litigation. Plaintiffs contend that without this
Stipulated Protective Order, the exchange of party
information, as well as information potentially needed from
third parties, may become logistically very difficult, time
consuming and expensive.
of Restraint and Care in Designating Material for Protection:
Each party or non-party that designates documents or
information for protection under this Stipulated Protective
Order must take care to limit any such designation to
specific material that qualifies under the appropriate
standards. A designating party must take care to designate
for protection only the documents or information that
qualifies for such protection. In that regard, mass and/or
indiscriminate 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 or delay the case development process, or to impose
unnecessary expenses and burdens on other parties), expose
the designating party to sanctions.
Definition of "Confidential" Information
"Confidential, " as used herein, means all
information in whatever form, such as oral, written,
documentary, tangible, intangible, electronic, or digitized
now or hereafter in existence that:
protected as a "Trade Secret" under the Uniform
Trade Secrets Act, California Civil Code Section 3426, et
seq., as defined at Section 3426.1(d):
"[I]nformation, including a formula, pattern,
compilation, program, device, method, technique, or process,
that: (1) Derives independent economic value, actual or
potential, from not being generally known to the public or to
other persons who can obtain economic value from its
disclosure or use; and (2) Is the subject of efforts that are
reasonable under the circumstance to maintain its
otherwise regarded by a party as being confidential, private,
or proprietary in nature, including for example personal and
private information regarding individuals such as personnel
illustrative examples only, the parties anticipate that the
following descriptive categories will be designated as
Confidential information under this Stipulated Protective
Order, including, but not limited to, employee records and
information, and customer lists.
Confidential information is unlimited in kind or form and
includes, by way of example only and without limitation
thereto, information relating to the following: any products,
designs, specifications, tests, plans, studies, surveys,
manufacture, distribution, marketing, promotion,
advertisement, sales, opportunities, vendors, customers,
financial matters, costs, sources, prices, profits, research,
development, analysis, know-how, personnel, strategies, or
Stipulated Protective Order shall not apply to information
that, before disclosure, is properly in the possession or
knowledge of the party to whom such disclosure is made, or is
public knowledge. The restrictions contained in this
Stipulated Protective Order shall not apply to information
that is, or after disclosure becomes, public knowledge other
than by an act or omission of the party to whom such
disclosure is made, or that is legitimately acquired from a
source not subject to this Stipulated Protective Order.
Production of Confidential Information
efforts by any party or witness in this matter to designate
any information as "Confidential" shall be governed
by the terms of this Stipulated Protective Order. The party
by whom any disclosure is made is the "Disclosing
Party" and the party to whom any disclosure is made is
the "Receiving Party." By receiving any property
designated as "Confidential" the Receiving Party
agrees not to disclose, publish, disseminate, or use, other
than as expressly permitted herein, any such property and
will assure that all reasonable ...