Avocet Sports Technology, Inc, et al-v-Amer Soirts Corporation, et al

Filing 37

ORDER RE STIPULATED PROTECTIVE ORDER re 36 Stipulation filed by Amer Sports Winter & Outdoor Company. Signed by Judge Patricia V. Trumbull on March 12, 2009. (pvtlc2, COURT STAFF) (Filed on 3/12/2009)

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 ORDER, page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION AVOCET SPORTS TECHNOLOGY, INC., ) ET AL., ) ) Plaintiffs, ) ) v. ) ) AMER SPORTS CORPORATION, ET ) AL., ) ) Defendants. ___________________________________ Case No.: C 08-04264 JW (PVT) ORDER RE STIPULATED PROTECTIVE ORDER

On March 10, 2009, the parties in the above-captioned case filed a stipulated protective order to govern disclosure and discovery. Having reviewed the stipulated protective order, the court finds that it fails to require that the parties make a good faith determination that the information warrants protection under Rule 26(c). See [Proposed] Stipulated Protective Order, ¶1. Moreover, the proposed order should state that Rule 26(c) places on the party seeking protection the burden of establishing that protection is warranted. Id. Finally, Rule 26(c) does not appear to provide authority for avoiding in advance any waiver of privilege from the inadvertent production of privileged documents. Id. at ¶ 10. The parties are advised to review the model stipulated protective

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order located on the court's website <www.cand.uscourts.gov>. IT IS SO ORDERED. Dated: March 12, 2009 PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2

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