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CJ Products, Inc. v. Funtastic Ltd.

United States District Court, S.D. California

May 24, 2018

CJ PRODUCTS, INC., Plaintiff,
v.
FUNTASTIC LIMITED, Defendant.

          THE CABRERA FIRM, A.P.C. Guillermo Cabrera Attorney for Defendant Funtastic Limited

          SCOTTä £, LLP John T. Jasnoch, Esq. Attorneys for Plaintiff

          ORDER GRANTING JOINT MOTION AND ENTERING PARTIES' STIPULATED PROTECTIVE ORDER [ECF NO. 17]

          HON. JILL L. BURKHARDT UNITED STATES MAGISTRATE JUDGE

         The Court GRANTS the parties' Joint Motion for Protective Order (ECF No. 17), but replaces the language of the parties' proposed paragraph 23 with requisite language that this Court finds was inadvertently omitted by the parties. (See J. Burkhardt Civ. Chambers R. § V.)

         Whereas, it appears that the resolution of this action may require the use of or reference to documents, information and other materials which may contain information believed to be confidential or commercially sensitive information involving, for example material non-public financial information a publicly traded company; and

         Whereas, the parties wish to protect the confidentiality of potentially material non-public information and documents containing commercially sensitive information relied upon for resolution of this action; and

         Whereas, the parties desire to be protected against potential and unreasonable annoyance, disadvantage, financial loss, hardship and substantial prejudice which may result from the unauthorized disclosure of such documents or information to others who are not parties to this action, of matters believed to be trade secrets, proprietary or confidential; the parties agree that justice will be served by the entry of a Protective Order setting forth procedures governing the use and disclosure of such documents or information;

         The Parties, Therefore, By and Through Their Respective Counsel Stipulate, Agree, and Jointly Move for a Protective Order as Follows:

         1. This Protective Order applies to all documents and information produced or disclosed in this Action to a party and designated as “Confidential” in the above-captioned action entitled, CJ Products, Inc. v Funtastic Limited, United States District Court, Southern District of California, Case No. 17-CV-1747 JM JLB, or any correspondence between the parties to the Action which is designated as “Confidential.”

         2. All documents, information and materials produced by any party and designated as “Confidential” shall be used solely for the purposes of the Action or as otherwise allowed by this Protective Order and shall not be used for any other purpose.

         3. “Confidential Information” as used herein means any type or classification of information which a party producing information pursuant to this Protective Order designates as “Confidential, ” by the designating party, whether revealed during testimony, in a document, or otherwise. In designating information as “Confidential, ” a party or non-party subject to this protective order may only designate documents or other information in this action as Confidential if the designating party or non-party has an articulable, good faith basis to believe that each document or other information designated as confidential qualifies for protection under Federal Rule of Civil Procedure 26(c).

         4. “Document” as used herein refers to any written or graphic matter, no matter how produced, recorded, stored or reproduced and includes tape recordings or other electronically stored data, together with the programming instructions and other written material necessary to understand such tapes and data.

         5. “Qualified Persons” as used herein means

(a) in-house and outside counsel to the parties of this Action, who are directly or indirectly involved in this Action, including associate attorneys, paralegals, stenographic, secretarial or clerical ...

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