United States District Court, E.D. California
AGK SIERRA de MONTSERRAT, L.P., a Delaware limited partnership, Plaintiff,
COMERICA BANK, a Texas corporation; and DOES 1 through 10, inclusive, Defendants.
Complaint Filed: April 29, 2015
Date: July 17, 2017
Timothy J. Gorry, Esq. (State Bar No. 143797) Edward E.
Johnson, Esq. (State Bar No. 241065) THEODORA ORINGHER PC
Attorneys for Plaintiff AGK Sierra de Montserrat, L.P.
AMENDED ORDER TO PROTECT CONFIDENTIAL
Honorable Kimberly J. Mueller, Judge
to the Stipulation filed by Plaintiff AGK Sierra de
Montserrat, LP (“AGK”), on the one hand, and
Defendant Comerica Bank (“Comerica”), on the
other, the parties agree to this amended discovery protective
order limiting the use and dissemination of certain
information and materials designated by the parties as
“Confidential Information” (as defined below).
Accordingly, this Amended Protective Order
(“Order”) shall govern the handling of documents
(as defined below), responses to interrogatories,
depositions, exhibits and all other inform action exchanged
by t he parties in this action through initial disclosures or
discovery, or provided by or obtained from non-parties in
Court finds that good cause exists to enter this Order
because the parties may obtain through initial disclosures or
discovery certain documents and information (e.g.,
financial records, etc.), which, if disclosed to the public,
would unnecessarily invade the protect able interests of the
parties and nonparties who w ill potentially produce
documents or provide testimony in t his action, including,
without limitation, such parties’ protectable interests
in maintaining the confidentiality of trades secrets,
internal policies and procedures, and other proprietary
business an d financial inform action. Moreover, there is no
valid reason any of the parties to this action should be
allowed to, or need to, release such information to the
public. Thus, this inform action requires special protection
forth below in Section 11, this Stipulated Protective Order
does not entitle the parties to file confidential information
under seal; Local Rules 141 and 141.1 set 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.
Applicability of This Protective Order.
testimony, information, documents and things filed with the
Court or produced by any party or nonparty in discovery in
this action shall be governed by this Order. This Order is
entered solely for the purpose of facilitating the exchange
of material without unnecessarily involving the Court in the
Pretrial Order Only.
Order is strictly a pretrial order and does not govern the
use or disclosure of information and materials at the trial
in this action.
Information” shall mean information and materials
related to the businesses of the parties or third parties
that are unique to the Designating Party (as defined below),
that is, not already well known or reasonably discoverable
upon research by a person outside of the such Designating
Party, including, without limitation, trade secrets as
defined by California Civil Code Section 3426, et seq., and
such Designating Party’s sales and financial
information, compensation information, personnel files,
marketing plans, business plans and strategies, research
information, internal policies and procedures, system s, and
methods, contracts and other form s, and all information and
materials generally regarded as confidential in the industry
or business in which the Designating Party is engaged.