United States District Court, C.D. California
DORITSA ROSA, an individual; GUSTAVO ROSA, an individual; Plaintiffs,
v.
NUTRIBULLET, L.L.C., a California Limited Liability Company; CAPITAL BRANDS, L.L.C., a California Limited Liability Company; HOMELAND HOUSEWARES, L.L.C., a California Limited Liability Company; CALL TO ACTION, L.L.C., a California Limited Liability Company; NUTRILIVING, L.L.C., and Does 1 through 10, inclusive, Defendants.
YOKA
& SMITH, LLP, Walter M. Yoka David T. McCann R. Bryan
Martin Alice Chen Smith Davida M. Frieman Attorneys for
Defendants, Nutribullet, LLC; Capital Brands, LLC; Homeland
Housewares, LLC; Call To Action, LLC; and Nutriliving, LLC.
ABIR
COHEN TREYZON SALO, LLP, Boris Treyzon Douglas Rochen Aaron
Lavine Attorneys for Plaintiff.
HON.
SUZANNE H. SEGAL MAGISTRATE JUDGE.
PROTECTIVE ORDER
Dean
Pregerson United States District Judge
IT IS
HEREBY STIPULATED AND AGREED by and between Plaintiffs,
DORITSA ROSA and GUSTAVO ROSA (Plaintiff(s)”), and
Defendant(s) NUTRIBULLET, LLC, CAPITAL BRANDS, LLC, HOMELAND
HOUSEWARES, LLC, CALL TO ACTION, LLC AND NUTRILIVING
(“Defendants”) (collectively the Plaintiffs and
Defendant(s) are referred to as the “Parties” and
each individually as a “Party”), through their
counsel, that this Stipulated Protective Order shall govern
the handling of any information produced or disclosed by any
Party or non-Party in the above captioned matter
(“Action”), including documents, depositions,
deposition exhibits, interrogatory responses, responses to
requests for admission, and other pretrial proceedings.
GOOD
CAUSE STATEMENT:
This
action is likely to involve trade secrets 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. Such
confidential and proprietary materials and information
consist of, among other things, confidential business or
financial information, information regarding confidential
business practices, 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. Accordingly, 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.
1. Any
Party or non-Party may designate as confidential any
documents, materials, or information which the designating
Party considers in good faith to contain non-public,
confidential or trade secret (information and which is
disclosed through formal or informal discovery in this Action
(hereinafter “Confidential Material”) including,
but not limited to, any written response to interrogatories
and requests for admission, documents produced in response to
requests for production of documents or subpoenas, deposition
transcripts including exhibits, and all information contained
in those materials (collectively “Discovery
Materials”). The Parties reserve their rights to
jointly amend this Stipulation and to supplement the above
list as additional categories of Confidential Materials arise
through the course of discovery.
2.
Documents produced or written responses served in this Action
in response to a request for production, or otherwise,
relating to matters that the designating Party deems to be
Confidential Material shall be designated as such at the time
of production or service of the response(s). Each document or
page of a written response so designated shall be marked with
the word “Confidential.”
3. Any
Party may designate certain Discovery Materials as
“Confidential - Attorneys' Eyes Only”
(hereinafter, “Attorneys' Eyes Only
Material”). This designation shall be limited to such
Discovery Materials that the designating Party believes, in
good faith, contain highly sensitive information, the
disclosure of which is likely to cause harm to the
competitive position of the designating Party or the broader
disclosure of which would violate any Party or third
parties' constitutional right to financial privacy. All
Attorneys' Eyes Only Materials are included within the
meaning of “Confidential” information as used in
this Protective Order and, except with respect to the classes
of individuals who may view Attorneys' Eyes Only
Materials, all the provisions set forth in the Protective
Order that apply to Confidential Materials also apply to
Attorneys' Eyes Only Materials. Documents produced or
written responses served in this Action in response to a
request for production, or otherwise, relating to matters
that the designating Party deems to be Attorneys' Eyes
Only Material shall be designated as such. Each document or
page of a written response so designated shall be marked with
the words “Confidential - Attorneys' Eyes
Only.”
4. The
production of any document, evidence or testimony not marked
as Confidential or Confidential - Attorneys' Eyes Only
shall not constitute a waiver of any claim of confidentiality
that may attach to the document and such materials.
5. If
any Party or non-Party inadvertently fails to designate any
document(s) or written response(s) to a discovery request as
Confidential or Attorneys' Eyes Only Material at the time
of production or service of the response, it may correct its
error by notifying opposing counsel in writing and providing
opposing counsel substitute copies of any document(s) or
response(s) appropriately marked as Confidential or
Confidential - Attorneys' Eyes Only. Within ten (10) days
of receipt of the substitute copies, the receiving Party
shall return the previously unmarked items and all copies
thereof. Similarly, if any Party inadvertently designates any
document(s) or written response(s) as Confidential or
Attorneys' Eyes Only Material, it may correct its error
by notifying opposing counsel in writing and providing
opposing counsel with substitute copies of the document(s) or
response(s) without the Confidential or Confidential -
Attorneys' Eyes Only designation. Within ten (10) days of
receipt of the substitute copies, the receiving Party shall
return the previously marked items and all copies thereof.
6. The
receipt of any document, transcript, thing, or information
designated Confidential or Confidential - Attorneys' Eyes
Only shall not be construed as an agreement by the receiving
Party that any such document, transcript, thing, or
information is in fact Confidential or Attorneys' Eyes
Only Material, and shall not operate as a waiver of the
receiving Party's right to challenge any such designation
as provided herein.
7. A
Party may designate as Confidential or Attorneys' Eyes
Only Material, the whole or a portion of any deposition
testimony, regardless by whom given, which contains or
discloses Confidential or Attorneys' Eyes Only Material.
The Party designating any portion of a deposition as
Confidential or Attorneys' Eyes Only Material may do so
on the record at the deposition or shall serve a written
statement on the Parties and court reporter specifying the
portions of the deposition which are to be designated as
Confidential or Attorneys' Eyes Only Material within
thirty (30) days after receipt of the deposition transcript.
Except as otherwise designated on the record, the entire
transcript shall be deemed Confidential prior to the
expiration of the thirty-day period. If a document designated
as Confidential or Attorneys' Eyes Only Material is used
as an exhibit at a deposition, that document and the
deposition testimony concerning it shall be deemed
Confidential or Attorneys' Eyes Only Material regardless
of whether a Party makes any formal designation thereof.
8. A
Party shall have the right to have the following persons
excluded from a deposition before the taking of testimony
designated as Confidential Material or before the
introduction of documents or exhibits designated as
Confidential Material: all persons except the court reporter,
counsel of record, the Parties' experts, the deponent and
the Parties (or their representatives who are involved in the
handling, prosecution or defense of this Action).
Additionally, a Party shall have the right to exclude the
Parties (or their representatives) before the taking of
testimony designated as Attorneys' Eyes Only or before
introducing exhibits designated as Attorneys' Eyes Only.
9.
Confidential Material may be disclosed, given, shown, made
available, or communicated only to the following individuals
and entities (and then only for purposes of ...