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FCA U.S. LLC v. Scat Enterprises, Inc.

United States District Court, C.D. California

June 15, 2017

FCA U.S. LLC, a Delaware Limited Liability Company, Plaintiff,
v.
SCAT ENTERPRISES, INC., a California corporation; PHILIP THOMAS LIEB, an individual; CRAIG SCHENASI, an individual, and DOES 1 through 5, inclusive, Defendants.

          KENT R. RAYGOR (State Bar No. 117224) PAUL A. BOST (State Bar No. 261531) SHEPPARD MULLIN RICHTER & HAMPTON LLP Attorneys for Plaintiff FCA U.S. LLC

          MARK P. WINE (STATE BAR NO. 189897), JAMES MAUNE (STATE BAR NO. 293923), ORRICK, HERRINGTON & SUTCLIFFE LLP

          DIANA M. RUTOWSKI (STATE BAR NO. 233878), SCOTT LONARDO (STATE BAR NO. 285001), ORRICK, HERRINGTON & SUTCLIFFE LLP

          Attorneys for Defendants SCAT ENTERPRISES, INC., PHILIP THOMAS LIEB, and CRAIG SCHENASI

          STIPULATED PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION

          ROZELLA A. OLIVER UNITED STATES MAGISTRATE JUDGE

         TABLE OF CONTENTS

         Page

         1. DEFINITIONS. . ................................................................................................ 1

         2. DESIGNATION OF CONFIDENTIAL INFORMATION. . ............................ 2

         3. DEPOSITIONS. . ............................................................................................... 3

         4. DISCLOSURE OF DESIGNATED CONFIDENTIAL INFORMATION. . ............................................................................................. 5

         5. CHALLENGING A DESIGNATION. . ............................................................ 8

         6. INADVERTENT FAILURE TO DESIGNATE. . ........................................... 10

         7. CUSTODY AND DISPOSITION OF DESIGNATED CONFIDENTIAL INFORMATION ............................................................... 12

         8. MISCELLANEOUS PROVISIONS. . ............................................................. 13

         9. FILING OR LODGING UNDER SEAL. . ...................................................... 14

         10. GOOD CAUSE STATEMENT. . .................................................................... 15

         I. STIPULATION RE CONFIDENTIAL INFORMATION

         IT IS HEREBY STIPULATED by the parties in this action, by and through their respective attorneys of record and pursuant to Fed.R.Civ.P. 26(c)(1) and 29 and C.D. Cal. Local Rule 79-5.1, that discovery in this case of confidential information shall be had on the following terms and conditions:

         1. DEFINITIONS.

         1.1 As used herein, the term "confidential information" means: (a) any type of information that has not been made generally available to the public and the disclosure of which the disclosing party or non-party contends would cause serious harm to the disclosing party's or non-party's business operations or interests, including, but not limited to, contracts for personal services, customer lists, customer data, costs of goods or services sold, manufacturing or other costs of doing business, employee salaries, personnel file information, marketing plans, financial performance data, sales records, inventory sheets, and manufacturing, product development, and business development strategies; (b) data derived from such confidential information, including any summaries, compilations, quotes, or paraphrases thereof; and (c) any other oral, written, or recorded material that consists of or contains trade secrets (as defined in Cal. Civ. Code § 3426.1(d)) or other confidential research, development, or commercial information (as defined in Fed.R.Civ.P. 26(c)(1)(G)).

         1.2 As used herein, the terms "document", "documents", "tangible things", "recordings", and "photographs" mean documents, writings, tangible things, recordings, and photographs as defined in Fed.R.Civ.P. 34(a) and Fed.R.Evid. 1001, and include, but are not limited to, records, exhibits, reports, samples, transcripts, video or audio recordings, disks, affidavits, briefs, summaries, notes, abstracts, drawings, company records and reports, answers to interrogatories, responses to requests for admissions, and motions, including copies or computer-stored versions of any of the foregoing.

         1.3 As used herein, the term "designating party" means a party or non-party that designates information or items that he, she, or it produces in disclosures or in responses to discovery as CONFIDENTIAL, CONFIDENTIAL - COUNSEL ONLY, or CONFIDENTIAL - OAE[1] ONLY, as defined below. Any non-party wishing to so designate information or items must execute the declaration entitled Declaration Confirming Compliance With Stipulated Protective Order Re Designation Of Confidential Information ("Compliance Declaration") attached hereto as EXHIBIT A.

         2. DESIGNATION OF CONFIDENTIAL INFORMATION.

         2.1 This Protective Order applies to all discovery responses, documents, testimony, and other materials containing confidential information disclosed in this action that are designated by a party or non-party as CONFIDENTIAL, CONFIDENTIAL - COUNSEL ONLY, or CONFIDENTIAL - OAE ONLY, as defined below, whether such disclosure is by order of the Court or by response to questions in a deposition, written interrogatories, requests for the production of documents and other tangible things, requests for admission, deposition notices, subpoenas to produce documents, things or tangible items, or any other discovery undertaken in this action.

         2.2 Any party or non-party may protect information he, she, or it believes constitutes his, her, or its confidential information by designating such information as CONFIDENTIAL, CONFIDENTIAL - COUNSEL ONLY, or CONFIDENTIAL -OAE ONLY, as defined below, prior to or at the time of disclosure of such information. Such designation shall be accomplished by placing the notation CONFIDENTIAL, CONFIDENTIAL - COUNSEL ONLY, or CONFIDENTIAL -OAE ONLY on every page of each document or portion thereof so designated. In the case of confidential information disclosed in a non-paper medium (e.g., videotape, audiotape, computer disks, etc.), the notation CONFIDENTIAL, CONFIDENTIAL -COUNSEL ONLY, or CONFIDENTIAL - OAE ONLY shall be affixed to the outside of the medium or its container so as to clearly give notice of the designation. Such designation is deemed to apply to the document itself and to the confidential information contained therein.

         2.3 Confidential information so designated shall be used only for the purposes of this litigation and may not be used by any party or non-party to whom or which that information is produced or disclosed for research, development, sales, marketing, publicity or competitive purposes, or any other purpose. Confidential information so designated shall not be disclosed to anyone other than those persons identified in Paragraphs 4.3 and 4.4, below, except as may be ordered by the Court or agreed to in writing by the designating party or non-party. If any information designated by a party or non-party as confidential is used by a party to whom or which it has been produced or disclosed as part of a paper filed or lodged with the Court in this action or in a response to a discovery request in this action, the party using that information shall take all reasonable steps to preserve the continued confidentiality of that designated confidential information. This includes maintaining the designation of confidentiality in all places where that information is so used and requesting that such information be filed or lodged with the Court under seal in accordance with the procedures of C.D. Cal. Local Rule 79-5.1.

         2.4 The parties and any non-parties asked to produce confidential information shall use reasonable care to avoid designating any materials as CONFIDENTIAL, CONFIDENTIAL - COUNSEL ONLY, or CONFIDENTIAL -OAE ONLY that are (a) not ...


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