United States District Court, C.D. California, Southern Division
ROBERT CAMERON, an individual; and SOUTHWESTERN MFG., a sole proprietorship, Plaintiffs,
v.
GREAT NECK SAW MANUFACTURERS, INC., a New York Corporation; GREAT NECK TOOL & EQUIPMENT, INC., a New York Corporation; THE PEP BOYS MANNY MOE & JACK OF CALIFORNIA, a California Corporation; AUTOSALES, INC., dba SUMMIT RACING, an Ohio Corporation; CARID, a New Jersey Corporation; JEG'S AUTOMOTIVE INC., an Ohio Corporation; AUTOZONE INC., a Tennessee Corporation; and DOES 1 to 10. Defendants.
Hon.
Karen E. Scott Magistrate Judge
PROTECTIVE ORDER
HON.
DAVID O. CARTER DISTRICT JUDGE.
P[URSUANT
TO STIPULATION OF THE PARTIES, the Court enters the following
Order:
DEFINITIONS
1. The
term "Confidential Information" will mean and
include information contained or disclosed in any materials,
including documents, portions of documents, answers to
interrogatories, responses to requests for admissions, trial
testimony, deposition testimony, and transcripts of trial
testimony and depositions, including data, summaries, and
compilations derived therefrom that is deemed to be
Confidential Information by any party to which it belongs.
Confidential Information will be designated as either
CONFIDENTIAL or HIGHLY CONFIDENTIAL - FOR OUTSIDE
COUNSEL'S EYES ONLY as set forth below under
“General Rules.”
2. The
term "materials" will include, but is not limited
to: documents; correspondence; memoranda; bulletins;
blueprints; specifications; customer lists or other material
that identify customers or potential customers; price lists
or schedules or other matter identifying pricing; minutes;
telegrams; letters; statements; cancelled checks; contracts;
invoices; drafts; books of account; worksheets; notes of
conversations; desk diaries; appointment books; expense
accounts; recordings; photographs; motion pictures;
compilations from which information can be obtained and
translated into reasonably usable form through detection
devices; sketches; drawings; notes (including laboratory
notebooks and records); reports; instructions; disclosures;
other writings; models and prototypes and other physical
objects.
3. The
term "Outside Counsel" will mean outside counsel of
record, and other attorneys, paralegals, secretaries, and
other support staff employed in the law firms identified
below: FLYER & FLYER, PLC and LEWIS ROCA ROTHGERBER
CHRISTIE, LLP and SCHWABE, WILLIAMSON & WYATT, P.C.
GENERAL
RULES
1. Each
party to this litigation that produces or discloses any
materials, answers to interrogatories, responses to requests
for admission, trial testimony, deposition testimony, and
transcripts of trial testimony and depositions, or
information that the producing party believes to be
Confidential Information that should be subject to this
Protective Order may designate the same as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - FOR
OUTSIDE COUNSEL'S EYES ONLY."
2.
Designation as "CONFIDENTIAL": Any party may
designate information as "CONFIDENTIAL" only if, in
the good faith belief of such party and its counsel, the
unrestricted disclosure of such information could be
potentially prejudicial to the business or operations of such
party.
3.
Designation as "HIGHLY CONFIDENTIAL - FOR OUTSIDE
COUNSEL'S EYES ONLY": Any party may designate
information as "HIGHLY CONFIDENTIAL - FOR OUTSIDE
COUNSEL'S EYES ONLY" only if, in the good faith
belief of such party and its counsel, the information is
among that considered to be most sensitive by the party,
including but not limited to trade secret or other
confidential research, development, financial or other
commercial information. This information is of such a
sensitive proprietary nature that disclosure of the
information to persons other than those identified in
paragraph 3 in Definitions, above, risks serious competitive
injury to the disclosing party.
4. In
the event the producing party elects to produce materials for
inspection, no marking need be made by the producing party in
advance of the initial inspection. For purposes of the
initial inspection, all materials produced will be considered
as "HIGHLY CONFIDENTIAL - FOR OUTSIDE COUNSEL'S EYES
ONLY," and must be treated as such pursuant to the terms
of this Order. Thereafter, upon selection of specified
materials for copying by the inspecting party, the producing
party must mark the copies of those materials that contain
Confidential Information with the appropriate confidentiality
marking.
5.
Whenever a deposition taken on behalf of any party involves a
disclosure of Confidential Information of any party:
(a) the deposition or portions of the deposition must be
designated as containing Confidential Information subject to
the provisions of this Order; such designation must be made
on the record whenever possible, but a party may designate
the deposition or portions of depositions as containing
Confidential Information after transcription of the
proceedings; [A] party will have until fourteen (14) days
after receipt of the deposition transcript to inform the
other party or parties to the action of the portions of the
transcript to be designated "CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL - FOR OUTSIDE COUNSEL'S EYES
ONLY” and until such designation is made, either on the
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