United States District Court, C.D. California
ROBERT IRISH, INDIVIDUALLY AND DOING BUSINESS AS FURNITURE SALES AGENTS, INC., Plaintiff,
MAGNUSSEN HOME FURNISHINGS, INC., LIVING SPACES STORES, INC., AND DOES 1-20, INCLUSIVE, Defendant.
STIPULATED PROTECTIVE ORDER
L. STEVENSON, UNITED STATES MAGISTRATE JUDGE
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 may be
warranted. Accordingly, the Parties have stipulated to the
following Stipulated Protective Order. 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. This Order also does not entitle
the Parties 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.
GOOD CAUSE STATEMENT
action is likely to involve confidential, private,
proprietary, commercially sensitive, trade secret or other
personal business information regarding, among other things,
Plaintiff's confidential personnel, financial, and
medical information and documents, Defendant's
confidential and financial information and documents,
employees and business operations, and information that
involves third party privacy rights 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
consist of, among other things, confidential business or
financial information, information regarding confidential
business practice, 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 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 designed
as confidential 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
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 qualify for protection
under Federal Rule of Civil Procedure 26(c), and as specified
above in the Good Cause Statement.
Counsel: Outside Counsel of Record 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
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 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.
House Counsel: Attorneys who are employees of a
party to this Action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: Any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: Attorneys who are not
employees of a party to this Action, but are retained to
represent or advise a party to this Action and 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
includes support staff.
Party: Any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
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.”
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 ...