United States District Court, C.D. California
EVER WIN INTERNATIONAL CORPORATION, a California corporation, Plaintiff,
v.
PREMIER ACCESSORY GROUP, LLC, a New York limited liability company, and DOES 1 thru 10, inclusive, Defendants. AND RELATED COUNTERCLAIMS
Complaint Filed: September 14, 2015
Trial
Date: November 1, 2016
DISCOVERY MATTER PROTECTIVE ORDER
HONORABLE JACQUELINE CHOOLJIAN UNITED STATES MAGISTRATE JUDGE
Pursuant
to the Stipulation of Plaintiff Ever Win International
Corporation (“Plaintiff”) and Defendant Premier
Accessory Group, LLC (“Defendant”), by their
undersigned counsel, the Court enters the following
protective order (“Protective Order”) pursuant to
Fed.R.Civ.P. 26(c):
1.
PROTECTIVE ORDER
1.1.
Purposes and Limitations
As the
parties have represented that discovery 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 Court
enters the following Protective Order. This Order does not
confer blanket protections on all disclosures or responses to
discovery. 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. Further, as set forth in Section 12.3,
below, this Protective Order does not entitle the parties to
file confidential information under seal. Rather, when the
parties seek permission from the court to file material under
seal, the parties must comply with Civil Local Rule 79-5 and
with any pertinent orders of the assigned District Judge and
Magistrate Judge.
1.2.
Good Cause Statement
In
light of the nature of the claims and allegations in this
case and the parties’ representations that discovery in
this case will involve the production of confidential
records, and in order 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 connection with this action, to
address their handling of such material at the end of the
litigation, and to serve the ends of justice, a protective
order for such information is justified in this matter. The
parties shall not designate any information/documents as
confidential without a good faith belief that such
information/documents have been maintained in a confidential,
non-public manner, and that there is good cause or a
compelling reason why it should not be part of the public
record of this case.
2.
DEFINITIONS
2.1.
Action: The instant action: 2:15-cv-07208-RGK(JCx).
2.2.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
Order.
2.3.
“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.
2.4.
“HIGHLY CONFIDENTIAL -- ATTORNEYS’ EYES
ONLY” Information or Items: extremely sensitive
“CONFIDENTIAL” Information or Items, the
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.
2.5.
Counsel: Outside Counsel of Record and House Counsel
(as well as their support staff).
2.6.
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.” 2.7. 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, including material or information produced by
Non-Parties if they so request.
2.8.
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
Party's competitor.
2.9.
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.
2.10.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
2.11.
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.
2.12.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
staffs).
2.13.
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
2.14.
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
subcontractors.
2.15.
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.
3.
SCOPE
The
protections conferred by this 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 deposition testimony, conversations, or
presentations by Parties or their Counsel that might reveal
Protected Material, other than during a court hearing or at
trial.
Any use
of Protected Material during a court hearing or at trial
shall be governed by the orders of the presiding judge. This
Order does not govern the use of Protected Material during a
court hearing or at trial.
4.
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