United States District Court, C.D. California
& LOEB LLP, DOUGLAS N. MASTERS EDWARD K. LEE, Edward K.
Lee Attorneys for Plaintiff
LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. ANDREW D. SKALE BEN
L. WAGNER KATHRYN A. LAFFERTY Attorneys for Defendants
Alka Sagar, 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 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 under seal.
GOOD CAUSE STATEMENT
support of this Protective Order the Court finds that good
cause exists for entry of this Protective Order because this
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.
confidential and proprietary materials and information
consist of, among other things, confidential business or
financial information, information regarding confidential
business practices, non-public highly sensitive financial
information regarding revenues, expenses, and profits
generated in connection with the trademarks at issue, the
disclosure of which could cause competitive harm to both
parties in this action, non-public license agreements, the
disclosure of which could potentially disrupt existing
relationships established by the parties and cause
competitive harm to both parties, 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.
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 designated 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 this case;
Action: National Collegiate Athletic Association
v. Ken Grody Management, Inc., et al., Case No.
18-cv-00153-JVS-AS (C.D. Cal.).
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
“CONFIDENTIAL” or “HIGHLY
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.
“HIGHLY CONFIDENTIAL” Information or
Items: extremely sensitive “Confidential
Information or Items, ” disclosure of which to another
Party or Non-Party would create a substantial risk of serious
harm that could not be avoided by less restrictive means.
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” or
“HIGHLY CONFIDENTIAL.” 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 the
orders of the trial judge. This Order does not govern ...