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Altair Instruments, Inc. v. Martinni Beauty, Inc.

United States District Court, C.D. California

May 22, 2017

ALTAIR INSTRUMENTS, INC., a California corporation, Plaintiff,
MARTINNI BEAUTY, INC., and DOES 1 through 10, Defendants.


         In light of the Stipulation of the parties filed herewith, and good cause appearing therefore, IT IS HEREBY ORDERED as follows:


         A. Party

         Any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).

         B. Disclosure or Discovery Material

         All items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

         C. “Confidential” Information or Items

         Information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.Civ.P. 26(c).

         D. “Highly Confidential -- Attorneys' Eyes Only” Information or Items

         Confidential Information or Items whose disclosure to another Party or nonparty would create a substantial risk of serious injury that could not be avoided by less restrictive means. For purposes of this case, “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” will be limited to: (i) the Parties' non-public financial information, as it relates to costs, revenues and profits generally or for specific products; (ii) information of a competitively or commercially sensitive or proprietary nature or trade secrets regarding any products made by or for a Party; (iii) non-public customer or distributor information, including non-public arrangements and agreements with customers and distributors and the prices at which products are sold to customer and distributors, but not including the names of the customers or identification of the products sold to them; (iv) research and development materials concerning unreleased products or services; (v) the confidential terms of any licenses; and (vi) any other information that the Parties, through their counsel, agree in writing during the course of this litigation, would create a substantial risk of serious harm if disclosed.

         E. Receiving Party

         A Party that receives Disclosure or Discovery Material from a Producing Party.

         F. Producing Party

         A Party or non-party that produces Disclosure or Discovery Material in this action.

         G. 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 “Highly Confidential - Attorneys' Eyes Only.” H. Protected Material Any Disclosure or Discovery Material that is designated as “Confidential” or as “Highly Confidential - Attorneys' Eyes Only.” I. Outside Counsel Attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.

         J. 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 as a consultant in this action. This definition includes a professional jury or trial consultant retained in connection with this litigation.

         K. Professional Vendors

         Persons or entities who provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.

         II. SCOPE

         The protections conferred by this Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in other settings that might reveal Protected Material. This Order does not apply to court hearings or proceedings. The use of Confidential and Highly Confidential - Attorneys Eyes Only information or items in court hearings or proceedings will be addressed with the judicial officer conducting the proceeding at the appropriate time.

         III. DURATION

         Even after the termination 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.


         A. Exercise of Restraint and Care in Designating Material for Protection.

         Each Party or non-party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. A Designating Party must take care to designate for protection only those parts of material, documents, items, or oral or written communications that qualify - so that other portions of the material, documents, ...

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