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Mei Ma v. Convergent Outsourcing, Inc.

United States District Court, C.D. California

April 21, 2017

MEI MA, an individual, Plaintiff,
v.
CONVERGENT OUTSOURCING, INC., a Washington corporation; and DOES 1-10, Defendant.

          Complaint Filed: June 23, 2016

          Honorable John A. Kronstadt

          DISCOVERY MATTER PROTECTIVE ORDER [PROPOSED] ORDER GRANTING DEFENDANT-CONVERGENT OUTSOURCING, INC.'S MOTION FOR PROTECTIVE ORDER

          Alicia G. Rosenberg Magistrate Judge

         Following consideration of defendant Convergent Outsourcing, Inc.'s ("Convergent") Motion for a Protective Order, plaintiff Mei Ma's opposition thereto, and all other pleadings filed in this matter, the Court The Court further finds and orders the following:

         The Court finds that certain documents likely to be disclosed or produced during the course of this litigation set forth confidential third party identifying and financial information, and that good cause exists for entry of a Protective Order to safeguard the confidentiality of that information. The Court further finds that certain documents likely to be disclosed or produced during the course of this litigation set forth Convergent's confidential, proprietary, trade secret, or otherwise protectable commercial information and that good cause exists for entry of a Protective Order to safeguard the confidentiality of that information. Accordingly, the Court orders that all parties shall comply with the terms and conditions of the following Protective Order:

         PROTECTIVE ORDER

         1. PURPOSES AND LIMITATIONS

         The Court finds that disclosure and discovery activity in this action are 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 Order does not confer blanket protections on all disclosures or responses to discovery. Rather, the protection the Order 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 defendant Convergent Outsourcing, Inc. ("Convergent") or plaintiff Mei Ma (collectively, the "parties") 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.

         2. DEFINITIONS

         2.1 Challenging Party: a Party that challenges the designation of information or items under this Order.

         2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored, or maintained) or tangible things that contain proprietary business or personal information of a party (or of a third person whose information the party is under a duty to maintain in confidence). CONFIDENTIAL" Information or Items generally include materials used by the Designating Party in or pertaining to its business, which matter is not generally known and which the Designating Party would not normally reveal to third parties or would cause third parties to maintain in confidence. Disclosure or Discovery Material containing Confidential Information may be designated "CONFIDENTIAL."

         2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).

         2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL AND/OR ATTORNEYS' EYES ONLY." 2.5 Disclosure or Discovery Material: all items or information, such as oral, written, documentary, testimony, tangible, intangible, electronic, or digitized, now or hereafter, 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.

         2.6 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.

         2.7 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.

         2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.9 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 (presently, Law Offices of Scott Warmuth for plaintiff Mei Ma and Gordon & Rees, LLP for defendant Convergent Outsourcing, Inc.).

         2.10 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).

         2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

         2.12 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.

         2.13 Insurance Carrier Representative: the Receiving Party's insurance carrier or carrier(s) and their counsel to the extent reasonably related to any actual or potential coverage in connection with this litigation.

         2.14 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL AND/OR ATTORNEYS' EYES ONLY." 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

         2.16 "ATTORNEYS' EYES ONLY" Information or Items: information (regardless of how generated, stored, or maintained) or tangible things that a Designating Party believes in good faith to be extremely sensitive CONFIDENTIAL information, disclosure of which to another Party or Non-Party would create substantial risk of material economic harm to the Producing Party that could not be avoided by less restrictive means. The parties agree that the ATTORNEYS' EYES ONLY designation includes the following categories of information, to the extent the criteria of the first sentence of this Section 2.16 are met: (i) confidential business, marketing, or strategic plans, including business, marketing, and technical information regarding future products; and (ii) trade secrets (including as defined in Cal. Civ. Code § 3426.1) and highly confidential and commercially sensitive technical information.

         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 testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

         4. DURATION

         Even 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 pursuant to applicable law.

         5. DESIGNATING PROTECTED MATERIAL

         5.1 Exercise of Restraint and Care in Designating ...


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