AGK Sierra de Montserrat, L.P. v. Comerica Bank

          Complaint Filed: April 29, 2015

          Trial 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 INFORMATION

          Honorable Kimberly J. Mueller, Judge

         Pursuant 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 this action.

         The 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 from disclosure.

         As set 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.

         1. Applicability of This Protective Order.

         All 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 process.

         2. Pretrial Order Only.

         This Order is strictly a pretrial order and does not govern the use or disclosure of information and materials at the trial in this action.

         3. Confidential Information.

         “Confidential 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.

         4. Confidential ...