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In re Ford Motor Co. DPS6 Powershift Transmission Products Liability Litigation

United States District Court, C.D. California

May 7, 2018

IN RE FORD MOTOR CO. DPS6 POWERSHIFT TRANSMISSION PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: ALL CASES

          Plaintiffs' Lead/Liaison Counsel Paul R. Kiesel Jeffrey A. Koncius KIESEL LAW LLP

          Defendant's Lead Counsel Amir Nassihi Andrew L. Chang, SHOOK, HARDY & BACON LLP, Spencer P. Hugret GORDON & REES LLP, John M. Thomas DYKEMA GOSSETT PLLC

          DISCOVERY MATTER AMENDED [PROPOSED] PROTECTIVE ORDER - CONFIDENTIAL DESIGNATION ONLY

          Hon. Frederick F. Mumm, United States Magistrate Judge.

         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. 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. The parties further acknowledge 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.

         GOOD CAUSE APPEARING, the Court hereby enters this Protective Order to facilitate the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights as follows:

         1. In this Protective Order, the words set forth below shall have the following meanings:

a. “Proceeding” means the above-entitled proceeding, Case No. 2:18-ml-02814-AB (FFMx).
b. “Court” means Honorable Andre Birotte, Jr., Magistrate Judge Frederick F. Mumm, or any other judge to which this Proceeding may be assigned, including Court staff participating in such proceedings.
c. “Confidential” means any Documents, Testimony, or Information which is in the possession of a Designating Party who believes in good faith that such information is entitled to confidential treatment under applicable law.
d. “Confidential Information” shall mean, pursuant to FRCP 26(c)(1)(G), trade secrets or other confidential research, development, or commercial business information, the disclosure of which would cause competitive harm, that is contained in Protected Documents, and which have not been disclosed or made available to the public. Confidential information may include, but is not limited to (1) engineering documents, including design drawings and other technical engineering related specifications, (2) test documents, analysis, and testing procedures; (3) manufacturing specifications and procedures, including communications with and process documents pertaining to Ford's suppliers and supplier relationships; (4) internal business or financial information; (5) confidential Customer information and personal identifying information; and (6) any other similar proprietary, confidential, private information, commercially sensitive business information, or competitive intelligence, including but not limited to trade secrets.
e. “Customer” shall mean any person or entity that purchases or otherwise comes to possess Defendant's product.
f. “Designating Party” means the Party that designates Testimony, Documents, or Information as “Confidential.” g. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or make available Materials, or any part thereof, or any information contained therein.
h. “Document” shall mean and include, without limitation, all written material, videotapes, images, photographs, and other data and/or data compilations, and all other tangible items set forth in FRCP 34(a)(1)(A)-(B), produced in whatever format (e.g., hard copy, electronic, digital, etc.) and on whatever media (e.g., hard copy, videotape, computer diskette, CD-ROM, DVD, hard drive or otherwise) defined as broadly as permitted under FRCP 34.
i. “Information” means the content of Documents or Testimony.
j. “Testimony” means all depositions, declarations, or other testimony taken or used in this Proceeding.
k. “Party” or “Parties” shall mean and include the parties to this litigation.
l. “Protected Documents” shall mean documents and materials to be produced in this Proceeding which contain Confidential Information.
m. “Document Repository” means the virtual repository for documents established by Order of this Court for the retention of documents pursuant to this Proceeding or other litigation as appropriate.

         2. The Designating Party shall have the right to designate as “Confidential” any Documents, Testimony, or Information that the Designating Party in good faith believes to contain non-public information that is entitled to confidential treatment under applicable law. Nonetheless, this Order is intended to facilitate the Parties' production of certain information and documents as part of voluntary disclosure and in response to discovery requests. Nothing in this Order is to be construed to expand or limit the Parties' discovery obligations. This Order covers the production and use of all Protected Documents in this action that constitute, contain or disclose, in whole or in part, information which the Designating Party designates as “Confidential.” This Order is also intended to apply to any documents produced to the Parties by a non-party in connection with a subpoena to the extent designated as Confidential herein. Nothing in this Order will prevent counsel from using Confidential Information in connection with any work product created by or on behalf of that counsel for use in the Proceeding. Subject to the provisions herein, such work product may be retained by the counsel creating it.

         3. The entry of this Protective Order does not alter, waive, modify, or abridge any right, privilege, or protection otherwise available to any Party with respect to the discovery of matters, including but not limited to any Party's right to assert the attorney-client privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest any such assertion.

         4. Any Documents, Testimony, or Information to be designated as “Confidential” or have a substantially similar notice on the document, so as tomust be clearly so designated before the Document, Testimony, or Information is Disclosed or produced, unless otherwise provided herein. The parties may agree that a case name and number are to be part of the “Confidential” designation. The ...


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