United States District Court, C.D. California
Yong Jeong Jesse Yanco JEONG & LIKENS, L.C. Attorneys for
J Parks Parks and Solar LLP Attorneys for all named
Honorable John E. McDermott United States Magistrate Judge.
PURPOSES AND LIMITATIONS
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
GOOD CAUSE STATEMENT
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.
Action: this pending federal law suit.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
"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
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.
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.
"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.
House Counsel: attorneys who are employees of a Party. House
Counsel does not include Outside Counsel.
Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
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.
Party: any party to this Action, including its officers,
directors, employees, consultants, and retained experts.
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
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.
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.
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
of Protected Material at trial shall be governed by a
separate agreement or order.
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.