Center for Food Safety et al v. Connor et al

Filing 230

STIPULATED PROTECTIVE ORDER. Signed by Judge Jeffrey S. White on 2/9/10. (jjo, COURT STAFF) (Filed on 2/9/2010)

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page1 of 20

1 Joanne Lichtman (SBN 137300) HOWREY LLP 2 550 South Hope Street, Suite 1100 Los Angeles, California 90071-2627 3 Telephone: [phone] Facsimile: [phone] 4 Email: [e-mail] 5 Gilbert S. Keteltas (Pro Hac Vice) John F. Bruce (Pro Hac Vice) 6 Christopher H. Marraro (Pro Hac Vice) HOWREY LLP 7 1299 Pennsylvania Avenue, N.W. Washington, DC 20004-2402 8 Telephone: [phone] Facsimile: [phone] 9 Attorneys for Defendant-Intervenors 10 11 12 13 14 15 CENTER FOR FOOD SAFETY, et al., 16 17 vs. Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:08-cv-00484-JSW STIPULATED PROTECTIVE ORDER Dept: Courtroom 11, 19th Floor Judge: Hon. Jeffrey S. White UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

18 TOM VILSACK, et al.,, 19 Defendants;

20 AMERICAN SUGARBEET GROWERS ASSOCIATION; ERVIN SCHLEMMER; 21 MARK WETTSTEIN; DUANE GRANT; JOHN SNYDER; UNITED STATES BEET SUGAR 22 ASSOCIATION; AMERICAN CRYSTAL SUGAR COMPANY; THE AMALGAMATED 23 SUGAR COMPANY LLC; WESTERN SUGAR COOPERATIVE; and WYOMING SUGAR 24 COMPANY, LLC, 25 26 27 28
HOWREY LLP

Defendant-Intervenors

STIPULATED PROTECTIVE ORDER

Case No. 3:08-cv-00484-JSW

DM_US:23095176_1

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page2 of 20

1 2 3

STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF DOCUMENTS AND OTHER INFORMATION PRODUCED IN DISCOVERY In accordance with Federal Rule of Civil Procedure 26(c), the parties to this action, by their

4 undersigned counsel, stipulate and agree as follows: 5 1. Use of Litigation Materials. All materials designated pursuant to the provisions

6 below, shall be utilized by the receiving party only for the prosecution or defense of this case. 7 2. Designation of Confidential Material. Any party to this action and any non-party

8 producing confidential information in response to a discovery demand (collectively, a "Producing 9 Party") shall be entitled to designate a document confidential by stamping "CONFIDENTIAL" on the 10 face of each page thereof or by stamping "CONFIDENTIAL" on the media upon which the data 11 resides and by explicitly notifying the opposing party, in writing, that the data has been designated as 12 "Confidential." Such a designation shall constitute a representation by the party or person and its 13 counsel that they, in good faith, believe that the material so designated ("Confidential Material") 14 contains or constitutes at the time of the designation information that is subject to protection under 15 Rule 26(c) of the Federal Rules of Civil Procedure, including but not limited to (a) trade secrets or 16 other information of a non-public nature considered by the producing party or person to be 17 commercially or personally sensitive, confidential and/or proprietary, including but not limited to 18 information concerning the breeding, planting, developing, producing, marketing, and selling of 19 sugarbeets and sugarbeet seeds; or (b) other competitively sensitive or proprietary research, analysis, 20 development, marketing, financial or commercial information, including information likely to be 21 deemed sensitive by a non-party. 22 In the event either party opposes a confidential designation, and if the parties are unable to

23 resolve such dispute informally, the party opposing the designation may seek intervention of the Court 24 to determine whether such documents are entitled to protection. The information shall be treated as 25 confidential pending a ruling by the Court. A party that fails to challenge the propriety of the 26 designation of documents, or deposition testimony or exhibits, as Confidential Material prior to the 27 entry of judgment in this matter shall preclude any subsequent challenge to such designation. 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-1-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page3 of 20

1

The inadvertent failure to designate material as "Confidential" shall not be deemed a waiver of

2 the right to assert confidentiality and does not preclude a Producing Party from subsequently making 3 such a designation, and, if such subsequent designation is made, the material so designated will be 4 treated as confidential after being properly designated through the provision of a revised, marked copy. 5 Upon receipt of a marked copy, the receiving party shall return or destroy any and all un-marked 6 copies of the data. If a document is designated as "Confidential Material" and the original or one or 7 more copies are also produced but not so marked, the non-marked original or copies shall also be 8 treated as Confidential Material if the recipient is actually aware of the designation. 9 3. Non-Disclosure of Confidential Documents. Except with the prior written consent of

10 the party that produced the Confidential Material, or as hereinafter provided under paragraph 4 below 11 or otherwise, no Confidential Material may be disclosed to any person. "Confidential Material" 12 includes any document (including data compilations in electronically readable form) which is 13 identified as set forth herein by the Producing Party as subject to this confidentiality order. Included in 14 this definition is (i) any data which is furnished on a computer disk or in other electronic form which 15 the Producing Party designates at the time of production as confidential and (ii) any paper document 16 which is marked with the legend (or which shall otherwise have had the legend recorded upon it in a 17 way that brings its attention to a reasonable examiner) "CONFIDENTIAL" on each page to signify 18 that it contains information believed to be subject to protection under this Order. For purposes of this 19 order the term "document" means all written, recorded, electronically readable or graphic material, 20 whether produced or created by a party or another person, whether produced pursuant to a document 21 request, subpoena, by agreement, or otherwise. Deposition transcripts and exhibits, pleadings, 22 motions, affidavits, and briefs that quote, summarize, or contain materials entitled to protection shall 23 be accorded status as a confidential document, but, to the extent feasible, shall be prepared in such a 24 manner that the confidential information is submitted separately from that not entitled to protection. 25 4. Permissible Disclosures of Documents. Notwithstanding paragraph 2, Confidential

26 Material may be disclosed to the parties in this action (or their officers, directors, in-house counsel and 27 employees), but only to the extent that such disclosure is reasonably deemed necessary by such party's 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-2-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page4 of 20

1 counsel for the conduct of this litigation, and provided that such persons may retain Confidential 2 Material only as long as necessary for the conduct of this litigation; to outside counsel of record for 3 the parties in this action who are actively engaged in the conduct or monitoring of this litigation and 4 their partners, counsel, associates, secretaries, paralegal assistants, legal assistants, law clerks and 5 employees to the extent reasonably deemed necessary by such counsel for the conduct of this litigation 6 and to Daniel C. Mott, Fredrikson & Bryon and Robert Sims, Law Offices of Robert Sims, outside 7 counsel for intervenor defendants American Crystal and SES Vanderhave, respectively as determined 8 necessary by counsel of record for American Crystal and SES Vanderhave; to in-house litigating 9 counsel for the Center for Food Safety; and to the Court in this action and Court personnel involved in 10 this litigation (including court reporters, persons operating video recording equipment at depositions, 11 and any special master appointed by the court, but provided that such persons may retain Confidential 12 material only as long as it is necessary for such engagement) and shall be returned or destroyed 13 pursuant to Paragraph 12. Such documents may also be disclosed to the following individuals, 14 provided, however, that such documents are only disclosed to the extent reasonably deemed necessary 15 by counsel for the purpose of such persons' assistance in this litigation and provided that such persons 16 may retain Confidential Material only as long as is necessary for them to render such assistance, and 17 subject to the terms of Paragraph 5 of this protective order: 18 (a) to any person designated by the Court in the interest of justice, upon such terms as the

19 Court may deem proper; and 20 (b) to a party or non-party witness and counsel for such witness in the course of his or her

21 examination at deposition in this action, to the extent counsel has a good faith belief that the document 22 reasonably relates to the potential testimony of such witness; 23 (c) to outside consultants or experts retained for the purpose of assisting counsel in the

24 litigation; 25 (d) to mediators, arbitrators, or similar outside parties and their staffs enlisted by the parties

26 to assist in the resolution of this matter; 27 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-3-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page5 of 20

1

(e)

to employees or contractors of parties involved solely in one or more aspects of

2 organizing, filing, coding, converting, storing, or retrieving data or designing programs for handling 3 data connected with these actions, including the performance of such duties in relation to a 4 computerized litigation support system; and 5 6 (f) 5. to employees of third-party contractors performing one or more of these functions. Confidentiality Agreement. Before disclosing Confidential Material to any persons

7 identified in Paragraph 4 above (other than the producing party and the producing party's officers, 8 directors, in-house counsel, employees, experts, and the Court and Court personnel), receiving counsel 9 contemplating disclosure of a producing party's Confidential Material shall require such persons to 10 read a copy of this Order and sign a copy of the Confidentiality Agreement, in the form attached hereto 11 as Exhibit A, affirming that the recipient: (a) has read this Order and understands all of its terms; (b) 12 agrees to abide by and to be bound by the terms of this Order; and (c) agrees to submit to the Court's 13 jurisdiction, or the jurisdiction of any other court of competent jurisdiction, for purposes of 14 enforcement of this Order by proceedings for contempt and/or proceedings for legal and/or equitable 15 relief, including damages, for a breach thereof. Counsel shall retain each such Confidentiality 16 Agreement until such time as the litigation, including all appeals, is concluded and counsel has 17 retrieved all Confidential Material, or received certification of its destruction, from the recipient 18 pursuant to Paragraph 12 below. 19 20 6. (a) Confidential Information in Depositions. A deponent may during the deposition be shown, and examined about, Confidential

21 Material if the deponent already knows the confidential information contained therein or if the 22 provisions of Paragraph 5 are complied with. Deponents shall not retain or copy portions of the 23 transcript of their depositions that contain confidential information not provided by them or the entities 24 they represent unless they sign the form prescribed in Exhibit A hereto. A deponent who is not a party 25 or representative or employee of a party shall be furnished a copy of this order and sign the attached 26 confidentiality agreement before being examined about, or asked to produce, potentially confidential 27 documents. 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-4-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page6 of 20

1

(b)

Parties (and deponents) may, within 14 days after receiving a

2 deposition transcript, designate pages of the transcript (and exhibits thereto) as confidential. 3 Confidential information within the deposition transcript may be designated by written notification to 4 5 6 7 8 party or deponent timely designates confidential information in a deposition, then none of the transcript will be treated as confidential; if a timely designation is made, or if any exhibits have been the opposing party of the pages that are designated confidential. Until expiration of the 14-day period, the entire deposition will be treated as subject to protection against disclosure under this order. If no

9 designated confidential, the confidential portions and any confidential exhibits shall be filed under seal 10 separate from the portions and exhibits not so marked. 11 7. Confidential Information at Hearings/Trial. Subject to the Federal Rules Evidence,

12 confidential documents and other confidential information may be offered in evidence at trial or any 13 court hearing, provided that the proponent of the evidence gives reasonable notice to counsel for the 14 party that designated the information as confidential and the Court. Any party may move the Court for 15 an order that the evidence be received in camera or under other conditions to prevent unnecessary 16 disclosure. The Court will then determine whether the proffered evidence should continue to be 17 treated as confidential information and, if so, what protection, if any, may be afforded to such 18 information at the trial. 19 8. Subpoena by Other Courts or Agencies. If another Court or an administrative agency

20 subpoenas or orders production of Confidential Material that a party has obtained under the terms of 21 this order, such party shall promptly notify the person who designated the data as Confidential of the 22 pendency of such subpoena or order. 23 9. Filing. Without written permission from the designating party or a Court order secured

24 after appropriate notice to all interested persons, a party may not file in the public record in this action 25 any Confidential Material. A party that seeks to file under seal any Confidential Material must comply 26 with Civil Local Rule 79-5. Any party may introduce relevant and admissible Confidential Material in 27 court filings, at trial or at a hearing before the Court in this action provided that the party that produced 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-5-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page7 of 20

1 the Confidential Material is given reasonable notice and an opportunity to seek relief from the Court. 2 Where possible, only confidential portions of filings with the Court shall be filed under seal. 3 10. Designation of "Confidential Restricted Attorneys' Eyes Only" Documents. In

4 addition to designating documents as "Confidential," any party producing documents or providing 5 discovery in this case may designate information as "Confidential Restricted Attorneys' Eyes Only" 6 (in the same manner as designating CONFIDENTIAL information) if the party in good faith believes 7 such information could cause damage to the parties' business interests if disclosed to a party in this 8 case. "Confidential Restricted Attorneys' Eyes Only" information shall be treated as Confidential 9 Material under this Order in all respects except that such information shall not be revealed, disclosed 10 or communicated in any way to the parties (including the parties' officers, directors, in-house counsel 11 and managers) except as provided below. 12 The only persons to whom documents designated as "Confidential Restricted Attorneys' Eyes

13 Only" may be disclosed are the following: 14 (a) counsel who have either (i) made an appearance of record for the parties in this action,

15 or (ii) Daniel C. Mott, Fredrikson & Bryon and Robert Sims, Law Offices of Robert Sims, outside 16 counsel for intervenor defendants American Crystal and SES Vanderhave, respectively as determined 17 necessary by counsel of record for American Crystal and SES Vanderhave, or other counsel for a 18 intervenor defendant who are actively engaged in the conduct or monitoring of this litigation and agree 19 to sign the attached confidentiality agreement, and each case their respective partners, counsel, 20 associates, secretaries, paralegals, and employees and contractors to the extent reasonably necessary to 21 render professional services in connection with the litigation; 22 (b) persons with prior knowledge of the documents or the confidential information

23 contained therein; 24 (c) experts, consultants, and other persons, who are especially retained by attorneys for one

25 of the parties to assist in the preparation of the case for trial or to provide testimony who are not 26 regular employees of the parties to this litigation, and only if such persons have a need to use some or 27 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-6-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page8 of 20

1 all of the documents, testimony, information, or other materials designated as "Confidential Restricted 2 Attorneys' Eyes Only;" 3 (d) an officer, director, employee, or proposed expert witness of the party that produced the

4 "Confidential Restricted Attorneys' Eyes Only" material in the course of his or her examination at 5 deposition in this action, and counsel for such witness, to the extent deemed necessary by counsel for a 6 named party in order to examine such witness; 7 (e) persons who have prepared or assisted in the preparation of the "Confidential Restricted

8 Attorneys' Eyes Only" material or to whom the" Confidential Restricted Attorneys' Eyes Only" 9 materials or copies thereof were addressed, delivered, or relate but only the extent that such disclosure 10 is necessary for the conduct of this litigation; and 11 (f) Court officials involved in this litigation (including court reporters, and persons

12 operating video recording equipment at depositions). 13 Information designated as "Confidential Restricted Attorneys' Eyes Only" shall not be

14 disclosed to clients or any other person not specifically mentioned in this paragraph above without 15 specific court order or upon agreement of the producing party in writing. Before disclosing 16 "Confidential Restricted Attorneys' Eyes Only" material to any persons permitted by this paragraph 17 (other than the producing party and its officers, directors, in-house counsel, employees, experts, and 18 the Court and Court personnel), counsel contemplating disclosure shall require such persons to read a 19 copy of this Order and sign a copy of the Confidentiality Agreement, in the form attached hereto as 20 Exhibit A, pursuant to Paragraph 5 above. 21 11. Designation of "Highly Confidential" Documents. In addition to designating

22 documents as "Confidential," and "Confidential Restricted Attorneys' Eyes Only" any party producing 23 documents or providing discovery in this case may designate information as "Highly Confidential" if 24 the party in good faith believes such information could cause damage to the parties' business interests 25 if disclosed to business competitors in this case. Access to "Highly Confidential" information shall be 26 limited to the same individuals who may receive "Confidential Restricted Attorneys' Eyes Only" 27 information subject to the following limitation. Only the party submitting a discovery request 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-7-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page9 of 20

1 ("Requesting Party") and other parties that are not business competitors of the designating party with 2 respect to the issues in this case may be provided with "Highly Confidential" information. Upon 3 disclosure of "Highly Confidential" information, the designating party will provide written notice to all 4 other parties. The notice shall state the date of the production and the basis for disclosure (i.e., "Highly 5 Confidential documents were provided in response to Request for Production 5"). If counsel for non6 requesting business competitor believes that it has a legitimate, litigation-based need to receive a copy 7 of "Highly Confidential" information, it may request a copy in writing. If, after meeting and 8 conferring in accordance with the Court's Discovery Plan, the parties are unable to come to agreement 9 regarding the disclosure of "Highly Confidential" information, the party seeking a copy of the 10 information may move the Court for an order compelling production. If a request by a business 11 competitor would require production of "Highly Confidential" information, the designating party and 12 requesting business competitor shall meet and confer in accordance with the Court's Discovery Plan in 13 an effort to reach agreement on disclosure. If those parties are unable to reach agreement, the 14 designating party may move the Court for a protective order regarding the "Highly Confidential" 15 information. 16 "Highly Confidential" information shall only be produced to the requesting party in hard copy.

17 A producing party shall provide the Requesting Party with two (2) hard copies of each document 18 designated as "Highly Confidential." The information shall be produced in a re-sealable envelope or 19 file, with the case number, date and "HIGHLY CONFIDENTIAL INFORMATION OF [INSERT 20 PARTY NAME]" on the outside. A Receiving Party shall maintain the "Highly Confidential" 21 information within the provided envelope. The Receiving Party shall keep a log identifying each time 22 the "Highly Confidential" information is accessed, which shall include the date and name of the 23 individual accessing the "Highly Confidential" information. The Receiving Party shall maintain 24 possession of this log but shall provide the log to the designating party at the conclusion of the case 25 upon request, or by order of the Court upon showing of good cause. 26 If the Receiving Party wishes to use any "Highly Confidential" information at a deposition, its

27 counsel shall give the designating party 48 hours written notice, including notice of any copies that 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-8-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page10 of 20

1 will be made for the deposition. If a designating party objects to use of the "Highly Confidential" 2 information within the presence of non-requesting defendant-intervenors who are business 3 competitors, the designating party shall notify all parties and the defendant-intervenors who are 4 business competitors shall confer and resolve, or if unable to resolve, move the Court for a protective 5 order governing the use of the "Highly Confidential" information during the deposition. No party will 6 seek to recover any sanctions, fees or costs associated with deposition delays that may result from 7 good-faith disputes regarding the use of "Highly Confidential" information during depositions. 8 A Receiving Party shall not make any additional copies of "Highly Confidential" information

9 unless requesting and receiving written permission from the designating party. Access shall at all 10 times be limited to the Receiving Party's outside litigation counsel and/or in-house litigating counsel 11 for the Center for Food Safety in this action and its approved experts or non-party consultants. 12 12. Non-Termination. The provisions of this order shall not terminate at the conclusion of

13 these actions. Within 60 days after final conclusion of all aspects of this litigation, documents 14 designated as "Confidential" and all copies of same (other than a copy of court filings, exhibits of 15 record and documents that may be on backup tapes or any disaster recovery databases), documents 16 designated "Confidential Restricted Attorneys' Eyes Only" and documents designated as "Highly 17 Confidential" shall be returned to the producing party or destroyed. All counsel of record shall make 18 certification of compliance herewith and shall deliver the same to the producing party not more than 90 19 days after final termination of this litigation. 20 13. Modification Permitted. Nothing in this order shall prevent any party or other person

21 from seeking modification of this order or from objecting to discovery that it believes to be otherwise 22 improper. Nothing in this order shall be construed as a concession by any party that any category of 23 documents is discoverable, admissible in evidence, or entitled to confidential treatment. 24 14. Inadvertent Production. In the event that a party inadvertently produces material that

25 is protected by the attorney-client privilege, work product doctrine, or any other privilege, within ten 26 (10) business days after the producing party actually discovers that such production was made, the 27 producing party may make a written request that the other parties return the inadvertently produced 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-9-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page11 of 20

1 privilege document along with any copies made thereof. The parties who received the inadvertently 2 produced document will either return the document to the producing party or destroy the document 3 immediately upon receipt of the written request, as directed by the producing party. By returning or 4 destroying the document, the receiving party is not conceding that the document is privileged and is 5 not waiving its right to later challenge the substantive privilege claim, provided that it may not 6 challenge the privilege claim by arguing that the inadvertent production waived the privilege. Pursuant 7 to Federal Rule of Evidence 502, disclosure of material in connection with this litigation shall not 8 effect a waiver of the attorney-client privilege or work product protection in this litigation, nor in other 9 federal or state proceedings. 10 If a party inadvertently discloses any document or thing containing information that it deems

11 Protected Material without designating it as CONFIDENTIAL, CONFIDENTIAL RESTRICTED 12 ATTORNEYS' EYES ONLY, or HIGHLY CONFIDENTIAL, or if party inadvertently applies an 13 incorrect designation to any document or thing, the disclosing party shall promptly, upon discovery of 14 such inadvertent disclosure or erroneous designation, inform the receiving party in writing of the 15 correct designation of the material, and the receiving party shall thereafter treat the information as 16 "Confidential," "Confidential Restricted Attorneys' Eyes Only," or "Highly Confidential" as the case 17 may be. To the extent such information may have been disclosed to persons other than persons 18 authorized to receive such Protected Material in this Order, the receiving party shall promptly inform 19 the designating party in writing of the disclosure and circumstances surrounding the disclosure, 20 immediately retrieve the information, and avoid any further disclosure to non-authorized persons. 21 15. Responsibility of Attorneys. The attorneys of record are responsible for employing

22 reasonable measures to control, consistent with this order, duplication of, access to, and distribution of 23 copies of confidential documents. Parties shall not duplicate any confidential document except 24 working copies and for filing in court under seal. 25 26 27 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-10-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page12 of 20

1 Dated: February 8, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Respectfully submitted, By: /s/ Joanne Lichtman Joanne Lichtman (CA Bar No. 137300) HOWREY LLP 550 South Hope Street, Suite 1100 Los Angeles, California 90071-2627 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Gilbert S. Keteltas (admitted pro hac vice) John F. Bruce (admitted pro hac vice) Christopher H. Marraro (admitted pro hac vice) HOWREY LLP 1299 Pennsylvania Avenue, N.W. Washington, DC 20004-2402 Telephone: [phone] Facsimile: [phone] Attorneys for American Sugarbeet Growers Association, Ervin Schlemmer, Mark Wettstein, Duane Grant, John Snyder, Jr., United States Beet Sugar Association, American Crystal Sugar Company, The Amalgamated Sugar Company LLC, Western Sugar Cooperative and Wyoming Sugar Company LLC

By: /s Paul H. Achitoff PAUL H. ACHITOFF (admitted pro hac vice) Earthjustice 223 South King Street, Suite 400 Honolulu, Hawai`i 96813 Telephone: [phone] Facsimile: [phone] Email: [e-mail] KEVIN GOLDEN (CA Bar No. 233378) Center for Food Safety 2601 Mission St., Suite 803 San Francisco, CA 94110 Telephone: [phone] Facsimile: [phone] Email: [e-mail] GREGORY C. LOARIE, (CA Bar No. 215859) Earthjustice 426 17th Street, 5th Floor Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail]
STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-11-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page13 of 20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Counsel for Plaintiffs IGNACIA S. MORENO Assistant Attorney General By: /s Beverly F. Li BEVERLY F. LI (WSBA No. 33267) Trial Attorney U.S. Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel.: [phone] Facsimile: [phone] Email: [e-mail] LORI CARAMANIAN Environment & Natural Resources Division U.S. Department of Justice 1961 Stout Street, 8th Floor Denver, Colorado 80294 Telephone: [phone] Facsimile: [phone] Email: [e-mail] TONY WEST Assistant Attorney General JOHN R. GRIFFITHS Assistant Director, Federal Programs Branch JOHN R. COLEMAN (VA Bar No. 70908) Civil Division, Federal Programs Branch U.S. Department of Justice 20 Massachusetts Ave., N.W., Room 6118 Washington, D.C. 20530 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Federal Defendants

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-12-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page14 of 20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

By: /s Holly J. Tate HOLLY J. TATE (CA Bar No. 237561) LATHAM & WATKINS LLP 505 Montgomery Street, Suite 1900 San Francisco, California 94111-2562 Telephone: [phone] Facsimile: [phone] Email: [e-mail] PHILIP J. PERRY (CA Bar No. 148696) JANICE M. SCHNEIDER (D.C. Bar No. 472037) (admitted pro hac vice) LATHAM & WATKINS LLP 555 11th Street, N.W. Suite 1000 Washington, D.C. 20004 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] STANLEY H. ABRAMSON (D.C. Bar No. 217281) (admitted pro hac vice) RACHEL G. LATTIMORE (D.C. Bar No. 450975) (admitted pro hac vice) ARENT FOX LLP 1050 Connecticut Avenue, N.W. Washington, D.C. 20036-5339 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Monsanto Company

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-13-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page15 of 20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

By: /s Nancy Bryson NANCY BRYSON (admitted pro hac vice) THE BRYSON GROUP, PLLC 575 7th Street N.W. Washington, D.C. 20004-1601 Telephone: [phone] Facsimile: 202.344.4028 [e-mail] TIMOTHY J. GORRY (CA Bar No. 143797) CHRISTOPHER T. WILLIAMS (CA Bar No. 171907) VENABLE LLP 2049 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone:[phone]; Facsimile: 310.229.9901 [e-mail] LOWELL M. ROTHSCHILD VENABLE LLP 575 7th Street N.W. Washington, D.C. 20004-1601 Phone: [phone]; Fax: [phone] [e-mail] DAVID J. LAZERWITZ (CA Bar No. 221349) (admitted pro hac vice) FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94014 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Syngenta Seeds, Inc.

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-14-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page16 of 20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

By: /s Daniel G. Murphy DANIEL G. MURPHY (CA Bar No. 141006) W. ALLAN EDMISTON (CA Bar No. 228246) LOEB & LOEB LLP 10100 Santa Monica Boulevard, Suite 2200 Los Angeles, CA 90067-4120 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] DANIEL M. ABUHOFF (NY Bar No. 1227057) (admitted pro hac vice) HARRY ZIRLIN (NY Bar No. 2315737) (admitted pro hac vice) DEBEVOISE & PLIMPTON LLP 919 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Betaseed, Inc.

By: /s Daniel Bukovac DANIEL BUKOVAC (Mo. Bar No. 33456) (admitted pro hac vice) STINSON MORRISON HECKER LLP 1201 Walnut Street, Suite 2900 Kansas City, MO 64106 Telephone: [phone] Facsimile: [phone] Email: [e-mail] SARAH G. FLANAGAN (CA Bar No. 70845) PILLSBURY WINTHROP SHAW PITTMAN LLP 50 Fremont Street P.O. Box 7880 San Francisco, CA 94120-7880 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for SESVanderHave USA, Inc.

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-15-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page17 of 20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-16-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page18 of 20

1 2 3 IT IS SO ORDERED.

ORDER

4 Dated: _______________, 2010 February 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

_________________________________ United States District Judge

STIPULATED PROTECTIVE ORDER
DM_US:23095176_1

-17-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page19 of 20

1 2 3 4 5 6 7

EXHIBIT A CONFIDENTIALITY AGREEMENT I, __________________________________, hereby acknowledge, agree and certify under penalty of perjury that: 1. I have read the Stipulation and Protective Order Regarding Confidentiality of

Documents and Other Information Produced in Discovery ("Order"), entered in the civil action

8 captioned Center for Food Safety et al. v. Thomas J. Vilsack et al., Civil Action No. 3:08-cv-004849 JSW, in the United States District Court for the Northern District of California. 10 11 12 13 14 15 damages. 4. I understand and agree that money damages would not be a sufficient remedy for breach 2. 3. I understand the terms of the Order. I hereby agree to be bound by the terms of the Order and understand that a violation

thereof may subject me to contempt proceedings and to legal and equitable remedies, including

16 of this Undertaking and that a party that asserts the confidential interest shall be entitled to specific 17 performance and injunctive or other equitable relief as a remedy for any such breach. I agree to waive 18 any requirement for the securing or posting of any bond in connection with such remedy. Such remedy 19 20 21 22 shall not be deemed to be the exclusive remedy for breach of this Undertaking but shall be in addition to all remedies available at law or equity. 5. I hereby irrevocably submit to the jurisdiction of the United States District Court for the

23 Northern District of California, or any other court of competent jurisdiction, for purposes of ensuring 24 25 26 27 28
HOWREY LLP

//

//

CONFIDENTIALITY AGREEMENT
DM_US:23095176_1

-1-

Case No. 3:08-cv-00484-JSW

Case3:08-cv-00484-JSW Document229

Filed02/08/10 Page20 of 20

1 compliance with the terms and conditions of the Order and for civil remedies in the form of legal and 2 equitable relief, including damages, for any breach thereof. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Executed on _______________________.

_________________________________ Print Name _________________________________ Signature

_________________________________ Title _________________________________ Company

CONFIDENTIALITY AGREEMENT
DM_US:23095176_1

-2-

Case No. 3:08-cv-00484-JSW