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Texkhan Inc. v. One Step Up Ltd.

United States District Court, C.D. California

March 24, 2017

TEXKHAN., INC., a California Corporation; Plaintiff,
v.
ONE STEP UP, LTD., a New York Limited Company; ROSS STORES, INC., RAINBOW USA, INC., CITI TRENDS, INC. BURLINGTON COAT FACTORY DIRECT CORP., and DOES 1-10, inclusive, Defendants.

          DISCOVERY MATTER PROTECTIVE ORDER

          FREDERICK F. MUMM United States Magistrate Judge

         Pursuant to Fed.R.Civ.P. 26(c), the parties to this lawsuit, through undersigned counsel, jointly submit this Stipulated Protective Order to govern the handling of information and materials produced in the course of discovery or filed with the Court in this action.

         GOOD CAUSE STATEMENT

         It is the intent of the parties and the Court that information will not be designated as confidential for tactical reasons in this case and that nothing shall be designated without a good faith belief that there is good cause why it should not be part of the public record of this case. Examples of confidential information that the parties may seek to protect from unrestricted or unprotected disclosure include, but are not limited to:

(a) Information that is the subject of a non-disclosure or confidentiality agreement or obligation;
(b) The names, or other information tending to reveal the identity of a party's supplier, designer, distributor, or customer;
(c) Agreements with third-parties, including license agreements, distributor agreements, manufacturing agreements, design agreements, development agreements, supply agreements, sales agreements, or service agreements;
(d) Research and development information;
(e) Proprietary engineering or technical information, including product design, manufacturing techniques, processing information, drawings, memoranda and reports;
(f) Information related to budgets, sales, profits, costs, margins, licensing of technology or designs, product pricing, or other internal financial/accounting information, including non-public information related to financial condition or performance and income or other non-public tax information;
(g) Information related to internal operations including personnel information;
(h) Information related to past, current and future product development;
(i) Information related to past, current and future market analyses and business and marketing development, including plans, strategies, forecasts and competition; and
(j) Trade secrets (as defined by the jurisdiction in which the information is located).

         Unrestricted or unprotected disclosure of such confidential technical, commercial, financial, or personal information would result in prejudice or harm to the producing party by revealing the producing party's competitive confidential information, which has been developed at the expense of the producing party and which represents valuable tangible and intangible assets of that party. Additionally, privacy interests must be safeguarded. Accordingly, the parties respectfully submit that there is good cause for the entry of this Protective Order.

         The parties agree, subject to the Court's approval, that the following terms and conditions shall apply to this civil action. 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. Nothing herein shall prevent any party from withholding or redacting any documents and/or information that the party deems privileged, irrelevant, or otherwise objectionable.

         1. Designated Material.

         1.1 Information or material may be designated for confidential treatment pursuant to this Protective Order by any party, person or entity producing or lodging it in this action (the “Designating Party”), if: (a) produced or served, formally or informally, pursuant to the Federal Rules of Civil Procedure or in response to any other formal or informal discovery request in this action; and/or (b) filed or lodged with the Court. All such information and material and all information or material derived from it constitutes “Designated Material” under this Protective Order.

         1.2 Unless and until otherwise ordered by the Court or agreed to in writing by the parties, all Designated Materials designated under this Protective Order shall be used by the parties and persons receiving such Designated Materials solely for conducting the above-captioned litigation and any appellate proceeding relating thereto. Designated Material shall not be used by any party or person receiving them for any business or any other purpose. No party or person shall disclose Designated Material to any other party or person not entitled to receive such Designated Material under the specific terms of this Protective Order. For purposes of this Protective Order, “disclose” or “disclosed” means to show, furnish, reveal or provide, indirectly or directly, any portion of the Designated Material or its contents, orally or in writing, including the original or any copy of the Designated Material.

         2. Access to Designated Materials.

         2.1 Materials Designated “CONFIDENTIAL”: Subject to the limitations set forth in this Protective Order, Designated Material may be marked “CONFIDENTIAL” for the purpose of preventing the disclosure of information or materials that the designating party in good faith believes is confidential. Before designating any specific information or material “CONFIDENTIAL, ” the Designating Party's counsel shall make a good faith determination that the information warrants protection under Rule 26(c) of the Federal Rules of Civil Procedure. Such information may include, but is not limited to:

(a) Technical data, research and development data, and any other confidential commercial information, including but not limited to trade secrets of the Designating Party;
(b) Information which the Designating Party believes in good faith falls within the right to privacy guaranteed by the laws of the United States or California; and
(c) Information which the Designating Party believes in good faith to constitute, contain, reveal or reflect proprietary, financial, business, technical, or other confidential information which is not otherwise protected as Highly Confidential - Attorneys' Eyes Only.
(d) The fact that an item or category is listed as an example in this or other sections of this Protective Order does not, by itself, render the item or category discoverable.

         2.1.0 Materials designated “CONFIDENTIAL” may be disclosed only to the following Designees:

         2.1.1 Persons who appear on the face of Designated Materials marked “CONFIDENTIAL” as an author, addressee, or recipient thereof;

         2.1.2 Counsel to the parties in this action, including any in-house counsel, and their respective associates, clerks, legal assistants, stenographic, videographic and support personnel, and other employees of such outside litigation attorneys, and organizations retained by such attorneys to provide litigation support services in this action and the employees of said organizations. .

         2.1.3 Consultants, including non-party experts and consultants retained or employed by Counsel to assist in the preparation of the case, to the extent they are reasonably necessary to render professional services in this action, and subject to the disclosure requirements of section 2.3. Each consultant must sign a certification that he or she has read this Stipulated Protective Order, will abide by its provisions, and will submit to the jurisdiction of this Court regarding the enforcement of this Order's provisions.

         2.1.4 A party's officers and/or employees, which may include in-house counsel.

         2.1.5 The Court, its clerks and secretaries, and any court reporter retained to record proceedings before the Court;

         2.1.6 Any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. Each mediator or settlement officer must sign a certification that he or she has read this Stipulated Protective Order, will abide by its provisions, and will submit to the jurisdiction of this Court regarding the enforcement of this Order's provisions.

         2.2 Materials Designated “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY”: Subject to the limitations in this Protective Order, Designated Materials may be marked “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” for the purpose of preventing the disclosure of information or materials which, if disclosed to the receiving party, might cause competitive harm to the Designating Party. Information and material that may be subject to this protection includes, but is not limited to, technical and/or research and development data, intellectual property, financial, marketing and other sales data, and/or information having strategic commercial value pertaining to the Designating Party's trade or business. Nothing in paragraph 2.1 shall limit the information or material that can be designated “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” under this paragraph. Before designating any specific ...


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