United States District Court, C.D. California
GASPARI NUTRITION, INC. Plaintiff,
ASHLEY KALTWASSER; EHPLABS, LLC; and IZHAR BASHA, Defendants.
MURPHY, CAMPBELL, ALLISTON & QUINN, Mariel Covarrubias
Attorneys for Plaintiff GASPARI NUTRITION.
WALLERSTEIN LAW, Michael Wallerstein Attorneys for Defendant
& JENSEN A Professional Corporation Scott R. Hatch,
Attorneys for Defendants EHPLABS, LLC and IZHAR BASHA.
STIPULATED PROTECTIVE ORDER 
J. STANDISH UNITED STATES MAGISTRATE JUDGE.
A. PURPOSES AND LIMITATIONS
in this action is 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 is
warranted. Accordingly, 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.
GOOD CAUSE STATEMENT
action is likely to involve trade secrets, customer and
pricing lists and other valuable research, development,
commercial, financial, technical and/or proprietary
information for which special protection from public
disclosure and from use for any purpose other than
prosecution of this action is warranted. Such confidential
and proprietary materials and information may consist of,
among other things, confidential business or financial
information, information regarding confidential business
practices, or other confidential research, development, or
commercial information (including information implicating
privacy rights of third parties), information otherwise
generally unavailable to the public, or which may be
privileged or otherwise protected from disclosure under state
or federal statutes, 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, to
ensure that the parties are permitted reasonable and
necessary uses of such material in preparation for and in the
conduct of trial, to address their handling 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 or confidential - attorney's eyes only
for tactical reasons and that nothing be so designated
without a good faith belief that it has been 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.
ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
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; Local Civil
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.
is a strong presumption that the public has a right of access
to judicial proceedings and records in civil cases. In
connection with non-dispositive motions, good cause must be
shown to support a filing under seal. See Kamakana v.
City and County of Honolulu, 447 F.3d 1172, 1176 (9th
Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d
1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999)
(even stipulated protective orders require good cause
showing), and a specific showing of good cause or compelling
reasons with proper evidentiary support and legal
justification, must be made with respect to Protected
Material that a party seeks to file under seal. The
parties' mere designation of Disclosure or Discovery
Material as CONFIDENTIAL or CONFIDENTIAL-ATTORNEY EYES ONLY
does not (without the submission of competent evidence by
declaration, establishing that the material sought to be
filed under seal qualifies as confidential, privileged, or
otherwise protectable) constitute good cause.
if a party requests sealing related to a dispositive motion
or trial, then compelling reasons, not only good cause, for
the sealing must be shown, and the relief sought shall be
narrowly tailored to serve the specific interest to be
protected. See Pintos v. Pacific Creditors
Ass'n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
each item or type of information, document, or thing sought
to be filed or introduced under seal in connection with a
dispositive motion or trial, the party seeking protection
must articulate compelling reasons, supported by specific
facts and legal justification, for the requested sealing
order. Again, competent evidence supporting the application
to file documents under seal must be provided by declaration.
document that is not confidential, privileged, or otherwise
protectable in its entirety will not be filed under seal if
the confidential portions can be redacted. If documents can
be redacted, then a redacted version for public viewing,
omitting only the confidential, privileged, or otherwise
protectable portions of the document, shall be filed. Any
application that seeks to file documents under seal in their
entirety should include an explanation of why redaction is
Action: this pending federal lawsuit.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that is so designated by the
producing party and that qualifies for protection under
Federal Rule of Civil Procedure 26(c) and as specified above
in the Good Cause Statement.
“CONFIDENTIAL-ATTORNEY EYES ONLY” Information
or Items: CONFIDENTIAL information (regardless of how it
is generated, stored or maintained) or tangible things that
is so designated by the producing party and that qualifies
for protection under Federal Rule of Civil Procedure 26(c),
as specified above in the Good Cause Statement, and that
also meets the definition set forth below.
Specifically, the designation CONFIDENTIAL-ATTORNEYS EYES
ONLY may be used only for the following types of past,
current, or future CONFIDENTIAL information: (1) sensitive
technical information, including current research,
development and manufacturing information and patent
prosecution information, (2) sensitive and non-public
business information, including sensitive financial or
marketing information and the identity of suppliers,
distributors, and potential or actual customers, (3)
competitive technical information, including technical
analyses or comparisons of competitor's products, or (4)
competitive business information, including non-public
financial or marketing analyses or comparisons of
competitor's products and strategic product planning.
Counsel: Outside Counsel and House Counsel (as well
as their support staff).
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 “CONFIDENTIAL-ATTORNEY
EYES ONLY.” 2.6 Disclosure or Discovery
Material: all items or information, regardless of the
medium or manner in which it is 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
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.
House Counsel: attorneys who are employees of a
party to this Action. House Counsel does not include Outside
Non-Party: any natural person, partnership,
corporation, association or other legal entity not named as a
Party to this action.
Outside Counsel: attorneys who are not employees of
a party to this Action but are retained to represent or
advise a party to this Action including their support staff.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel (and their support staffs).
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
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL or
CONFIDENTIAL-ATTORNEY EYES ONLY.”
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 the
orders of the trial judge. This Order does not govern ...