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Unicolors, Inc. v. G-III Leather Fashions, Inc.

United States District Court, C.D. California

June 21, 2017

UNICOLORS, INC., a California Corporation; Plaintiff,
v.
G-III LEATHER FASHIONS, INC., a New York Corporation; IVANKA TRUMP MARKS II LLC, a New York Limited Liability Company; THE TJX COMPANIES, INC., a Delaware Corporation; and DOES 1-10, inclusive, Defendants.

          C. Yong Jeong Jesse Yanco JEONG & LIKENS, L.C. Attorneys for Plaintiff

          Robert J Parks Parks and Solar LLP Attorneys for all named Defendants

          [PROPOSED] STIPULATED PROTECTIVE ORDER

          Honorable John E. McDermott United States Magistrate Judge.

         1. A. PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential, proprietary, trade secret, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting or defending this litigation may be warranted. Accordingly, Plaintiff Unicolors, Inc. and Defendants G-III Leather Fashions, Inc., Ivanka Trump Marks II LLC, and The TJX Companies, Inc. (collectively, 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.

         B. GOOD CAUSE STATEMENT

         This Action (defined below) is likely to involve confidential, proprietary and trade-secret information, including customer and pricing lists and other valuable research, development, commercial, financial and/or technical information for which special protection from public disclosure and from use for any purpose other than prosecution or defense of this action is warranted. Such confidential materials and information consist of, among other things, confidential business or financial information, information regarding purchase and sale prices of fabric or garments by suppliers, manufacturers, importers, distributors or fashion retailers, information regarding business practices, information regarding the creation purchase or sale of graphics used on textiles and garments, or other confidential commercial information (including information implicating privacy rights of thirc parties), information generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state of federal law anc rules, 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 and prevent from being published, to ensure thai the Parties are permitted reasonably necessary uses of such material in preparation for and in the conduct of trial, to address their handling or disposition at the end of the litigation, and 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 designatec without a good faith belief that it has been or will be 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.

         2. DEFINITIONS

         2.1 Action: this pending federal law suit.

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

         2.3 "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. Certain limited types of "CONFIDENTIAL" information may be further designated, as defined and detailed below, as "HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY." 2.4 Counsel: Outside Counsel and House Counsel (as well as their support staff).

         2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures, in responses to discovery, or in deposition testimony as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -ATTORNEY'S EYES ONLY." 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which they are 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.

         2.7 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.

         2.8 "HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY" Information or Items: CONFIDENTIAL Information or Items that are extremely sensitive-such as trade secrets or highly sensitive business or product expansion or reduction plans or developments-and whose disclosure to any Party in this action would create a substantial risk of serious injury that could not be avoided by less restrictive means.

         2.9 House Counsel: attorneys who are employees of a Party. House Counsel does not include Outside Counsel.

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

         2.11 Outside Counsel: attorneys who are not employees of a Party to this Action but are retained to represent or advise a Party in this Action, including but not limited to attorneys that 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 their support staff.

         2.12 Party: any party to this Action, including its officers, directors, employees, consultants, and retained experts.

         2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action.

         2.14 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.

         2.15 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -ATTORNEY'S EYES ONLY." 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

         3. SCOPE

         The 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 Protected Material.

         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 ...


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