United States District Court, C.D. California
DECKERS OUTDOOR CORPORATION, a Delaware Corporation, Plaintiff,
OLEM SHOE CORP., a Florida Corporation; and DOES 1-10, inclusive, Defendant.
H. Blakely (SBN 157292) Cindy Chan (SBN 247495) Jessica C.
Covington (SBN 301816) BLAKELY LAW GROUP Manhattan Beach,
California 90266 Attorneys for Plaintiff Deckers Outdoor
BRUTZKUS GUBNER ROZANSKY SEROR WEBER LLP Jeffrey A. Kobulnick
Attorneys for Defendant Olem Shoe Corp.
G. ROSENBERG, UNITED STATES MAGISTRATE JUDGE
PURPOSES AND LIMITATIONS
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. Accordingly, the parties hereby stipulate to and
petition the Court to enter the following Stipulated
Protective Order. The parties acknowledge that this Order
does not confer blanket protections on all disclosures or
responses to discovery and that 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. The parties
further acknowledge, as set forth in Section 12.3, below,
that this Stipulated Protective Order does not entitle them
to file confidential information under seal; Civil Local Rule
79-5 sets 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.
GOOD CAUSE STATEMENT
action is likely to involve trade secrets, customer and
pricing lists and other valuable commercial, financial,
and/or proprietary information for which special protection
from public disclosure and from use for any purpose other
than prosecution of this action is warranted. Such
confidential and proprietary materials and information
consists of, among other things, confidential business or
financial information, information regarding confidential
business practices, information otherwise generally
unavailable to the public, or which may be privileged or
otherwise protected from disclosure under state or federal
statutes, court rules, case decisions, or common law.
Accordingly, 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 preparation for an in the conduct of
trial, to address their handling at the end of the
litigation, and to serve the ends of justice, a protective
order for such information is justified in this matter. It is
the intent of the parties that information will not be
designated as confidential for tactical reasons and that
nothing be so designated without a good faith belief that it
has been maintained in a confidential, non-public manner, and
there is good cause why it should not be part of the public
record of this case.
Action: this pending federal law suit.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“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.
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 “ATTORNEYS’ EYES
ONLY.” 2.5 Disclosure of 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.
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or consultant in this Action.
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.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
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.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
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
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL” or
“ATTORNEYS’ EYES ONLY.”
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Stipulation and 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 testimony, conversations, or
presentations by Parties or their Counsel that might reveal
of Protected Material at trial shall be governed by the
orders of the trial judge. This Order does not govern the use
of Protected Material at trial.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this Action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews of this Action, including the time limits for
filing any motions or applications for extension of time to
pursue applicable law.
DESIGNATING PROTECTED MATERIAL
Producing Party may designate as “CONFIDENTIAL”
any material provided to a Party which contains or discloses
any of the following:
(a) Non-public insider information, personnel files,
financial information, trade secrets, confidential commercial
information, proprietary information, or other confidential
or sensitive information which the Producing Party ...