Emmett v. I.C. System, Inc.

Filing 13

STIPULATION and PROTECTIVE ORDER re Confidentiality of Information, Documents and other Materials and Things signed by Magistrate Judge Gregory G. Hollows on 4/9/09 re 12 (as modified). (Duong, D) Modified on 4/10/2009 (Duong, D).

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Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

NICOLAS J. BONTRAGER (State Bar No. 252114) KROHN & MOSS. LTD. 5055 Wilshire Boulevard, Suite 300 Los Angeles, CA 90036 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaint iff GEOFF EMMETT DION N. COMINOS (State Bar No. 136522) CATHERINE A. SALAH (State Bar No. 154524) GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] E-Mail: dco [e-mail] [e-mail] Attorneys for Defendant I.C. SYSTEM, INC. UNITED STATES DISTRICT COURT

12 13 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 14 15 GEOFF EMMETT, 16 Plaint iff, 17 vs. 18 I.C. SYSTEM, INC., 19 Defendant. 20 21 22 23 24 25 26 27 28 A. IT IS HEREBY STIPULATED AND AGREED by and between Plaint iff GEOFF EMMETT ("Plaint iff") and Defendant I.C. SYSTEM, INC. ("Defendant"), by and through their respective attorneys o f record, as follows: RECITALS Plaint iff commenced this action by the filing of a complaint against Defendant on CASE NO. 2:08-cv-02543-GEB-GGH STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIALITY OF INFORMATION, DOCUMENTS AND OTHER MATERIALS AND THINGS Complaint Filed: / Trial Date: October 24, 2008 February 23, 2010

October 24, 2008, in the United States District Court, Central District of California;

CG/1054505/ 6314490v.2

-1STIPULATION & [PROPOSED] PROTECTIVE ORDER CASE NO. 2:08-cv-02543-GEB-GGH

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Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

B.

The discovery and pre-trial phase of this act ion may invo lve the disclosure of

informat ion and documents which a party believes to be protected as trade secrets, and/or other confident ial and proprietary business, technical, and financial informat ion; and C. The parties therefore stipulate and request that Court enter the fo llowing order

under Rule 26(c)(7) of the Federal Rules o f Civil Procedure, and applicable decisio nal law regarding the treatment of trade secrets and confident ial informat ion. STIPULATION 1. Designat ion of Confident ialit y. A party responding to requests for production,

interrogatories, or requests for admissio n may, acting in good fait h, designate the responsive informat ion to that discovery as "CONFIDENTIAL" (hereafter referred to as "informat ion designated as confident ial"). That party shall make the designat ion by producing the information and affixing a stamp conspicuously designat ing the informat ion as "CONFIDENTIAL." 2. Protection of Informat ion Designated as Confidential. Any information

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designated as confidential shall be protected as confidential under the terms of this Order until such time as 1) the Court rules on, and rejects, the designation pursuant to a motion by party challenging the designat ion, or 2) the designat ing party waives its assertion of confidentialit y expressly in writ ing. At that time, the materials cease to be subject to the protections o f this order and the information may be used in any fashion consistent with other materials obtained through discovery. Any informat ion which is designated as confident ial may not be used outside this case and may only be used in this lit igat ion. This informat ion may only be disclosed to: a. bound by this order. b. appeared in this case. c. bound by this order. d. Deponents. -2STIPULATION & [PROPOSED] PROTECTIVE ORDER CASE NO. 2:08-cv-02543-GEB-GGH

Other attorneys and parties appearing in this case who have agreed to be

Staff and office personnel emplo yed by the attorneys and parties who have

Lay and Expert witnesses disclo sed by the parties who have agreed to be

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Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

e. order. f. case.

The Court and its personnel under seal, subject to the provisio ns of this

Court reporters engaged to transcribe the proceedings or discovery in this

Each person - except ing the Court and its personnel - who receives material subject to the protections of this order shall be given a copy of this order prior to receiving the materials and execute a copy of the acknowledgment attached Exhibit A to this order. No person apart from counsel for the parties to this matter may be provided with any material designated as "CONFIDENTIAL" unless that person is designated above and has executed that acknowledgment. 3. Object ions to the Designat ion of Confident ialit y. Any party receiving

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informat ion designated as confident ial may object to that designation at any t ime. A party who objects to the designat ion shall serve object ions to the designat ion and request in writ ing a conference to resolve the conflict. The party challenging the designation is responsible for making good fait h efforts to arrange that conference. If the parties cannot resolve the object ions to the designation, the party challenging the designation of confident ialit y shall move to have the informat ion exempted fro m this Order. 4. Use of Confident ial Materials in Disposit ive Motions and At Trial. No

information designated as confidential shall be submitted to or filed wit h the Court in connect ion with any mot ion or at trial unless the party seeking to submit or file the information, for good cause shown, moves to seal the Court's record and proceedings and cont inue the protections of this order. The parties shall adhere to E.D. Cal. L.R. 39-141. A party who intends to use any informat ion which is designated as confident ial in connection wit h the trial of this act ion must ident ify the document in the jo int final pretrial order, along with a separate list of the informat ion which is protected as confident ial which that party will seek to submit. ///// ///// ///// -3STIPULATION & [PROPOSED] PROTECTIVE ORDER CASE NO. 2:08-cv-02543-GEB-GGH

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Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

The Court will retain jurisdict ion over the parties for purposes of enforcement or modification o f this order. IT IS SO STIPULATED.

Dated: March 12, 2009

KROHN & MOSS, LTD /s/ Nicho las J. Bontrager By: NICHOLAS J. BONTRAGER Attorneys for Plaint iff GEOFF EMMETT

Dated: March 12, 2009

GORDON & REES LLP /s/ Catherine A. Salah By: CATHERINE A. SALAH Attorneys for Defendant I.C. SYSTEM, INC.

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Based upon the above st ipulat ion and good case showing, IT IS SO ORDERED. (The court has modified initially stipulated provisions relating to filing documents under seal to comply with case law and the local rules of this court)

Dated: April 9, 2009

/s/ Gregory G. Hollows ____________________________________ UNITED STATES MAGISTRATE JUDGE

CASE NO. 2:08-cv-02543-GEB-GGH