United States District Court, C.D. California
Alan Burroughs, Esq. Trevor W. Barrett, Esq. DONIGER /
BURROUGHS Attorneys for Plaintiff
PROTECTIVE ORDER [CORRECTIONS TO CROSS-REFERENCES
MADE BY COURT IN PARAGRAPHS 1, 6.B, 8.A & 14]
HONORABLE JACQUELINE CHOOLJIAN, UNITED STATES MAGISTRATE
PURPOSES AND LIMITATIONS
parties have represented that discovery 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, this Court
enters the following Protective Order. This Order does not
confer blanket protections on all disclosures or responses to
discovery. 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. Further, as set forth in Section 13.c,
below, this Protective Order does not entitle the parties to
file confidential information under seal. Rather, when the
parties seek permission from the court to file material under
seal, the parties must comply with Civil Local Rule 79-5 and
with any pertinent orders of the assigned District Judge and
GOOD CAUSE STATEMENT
light of the nature of the claims and allegations in this
case and the parties' representations that discovery in
this case will involve the production of confidential
records, and in order 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 connection with this action, to
address their handling of such material at the end of the
litigation, and to serve the ends of justice, a protective
order for such information is justified in this matter. The
parties shall not designate any information/documents as
confidential without a good faith belief that such
information/documents have been maintained in a confidential,
non-public manner, and that there is good cause or a
compelling reason why it should not be part of the public
record of this case.
Action: The instant action: Unicolors, Inc. v.
NB Brother Corp., 2:16-CV-08178-ODW-JC.
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 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 deposition testimony, conversations, or
presentations by Parties or their Counsel that might reveal
Protected Material, other than during a court hearing or at
of Protected Material during a court hearing or at trial
shall be governed by the orders of the presiding judge. This
Order does not govern the use of ...