United States District Court, S.D. California
ANDREA NATHAN, on behalf of herself, all others similarly situated, and the general public, Plaintiff,
VITAMIN SHOPPE, INC., Defendant.
ORDER ENTERING STIPULATED PROTECTIVE ORDER AND ESI
AGREEMENT [ECF NO. 27]
Honorable Allison H. Goddard United States Magistrate Judge.
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, commercially
sensitive, 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
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
parties further acknowledge that this Stipulated Protective
Order does not entitle them to file confidential information
under seal, and that the Federal Rules of Civil Procedure and
the court's Local Rules, Chambers Rules, and the
Electronic Case Filing Administrative Policies and Procedures
Manual for the United States District Court for the Southern
District of California set forth the procedures that must be
followed and the standards that will be applied when a party
seeks permission from the court to file materials under seal.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
"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).
Counsel (without qualifier): 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." 2.5
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
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.
Party: any named 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 subcontractors.
Protected Material: any Disclosure or Discovery Material that
is designated as "CONFIDENTIAL." 2.14 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
Protected Material. However, the protections conferred by
this Stipulation and Order do not cover the following
information: (a) any information that is in the public domain
at the time of disclosure to a Receiving Party or becomes
part of the public domain after its disclosure to a Receiving
Party as a result of publication not involving a violation of
this Order, including becoming part of the public record
through trial or otherwise; and (b) any information known to
the Receiving Party prior to the disclosure or obtained by
the Receiving Party after the disclosure from a source who
obtained the information lawfully and under no obligation of
confidentiality to the Designating Party; provided, however,
that the Receiving Party must first provide written notice to
the Designating Party informing the Designating Party that
the information is or has become part of the public domain,
was previously known to the Receiving Party, or was obtained
by the Receiving Party as set forth herein, at least five (5)
days before disclosing such information. Any use of Protected
Material at trial shall be governed by a separate agreement
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews of this action, including the time limits for
filing any motions or applications for extension of time
pursuant to applicable law.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for
Protection. Each Party or Non-Party that designates
information or items for protection under this Order must
take care to limit any such designation to specific material
that qualifies under the appropriate standards. Mass,
indiscriminate, or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that
have been made for an improper purpose (e.g., to
unnecessarily encumber or retard the case development process
or to impose unnecessary expenses and burdens on other
parties) may expose the Designating Party to sanctions, as
allowable under the Federal Rules of Civil Procedure. If it
comes to a Designating Party's attention that information
or items that it designated for protection do not qualify for
protection, that Designating Party must promptly notify all
other Parties that it is withdrawing the mistaken
Manner and Timing of Designations. Except as otherwise
provided in this Order (see, e.g., second paragraph of
section 5.2(a) below), or as otherwise stipulated or ordered,
Disclosure or Discovery Material that qualifies for
protection under this Order must be clearly so designated
before the material is disclosed or produced.
in conformity with this Order requires:
information in documentary form (e.g., paper or electronic
documents, but excluding transcripts of depositions or other
pretrial or trial proceedings), that the Producing Party
affix the legend "CONFIDENTIAL" to each page of the
document in a ...