Free Motion for Protective Order - District Court of California - California

Case 3:07-cv-02278-BTM-CAB

Document 33

Filed 07/13/2008

Page 1 of 4

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

J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff, ) v. ) ) HELEN OF TROY TEXAS CORPORATION; OXO ) ) INTERNATIONAL LTD.; ) and DOES 1 ­ 100, ) ) Defendants. _________________________________ ) ) and related counterclaims. ) JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, // Case No. 07 CV 2278 BTM CAB STIPULATED PROTECTIVE ORDER FOR THE EXCLUSIVE PURPOSE OF FACILITATING SETTLEMENT DISCUSSIONS

Case 3:07-cv-02278-BTM-CAB

Document 33

Filed 07/13/2008

Page 2 of 4

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

Plaintiff Jens Erik Sorensen and Defendants Helen of Troy Texas Corporation and OXO International Ltd., by and through their respective counsel, hereby stipulate to a limited protective order for the exclusive purpose of allowing Defendants to produce confidential sales information in order to facilitate settlement discussions subject to Federal Rules of Evidence § 408: DEFINITIONS The term "Confidential Information" shall mean and include any and all information contained or disclosed in any materials, including documents, portions of documents any financial or commercial information provided by Defendants, or one of them, including data, summaries, and compilations derived therefrom, that is (1) considered by Defendants to be confidential to the disclosing party; and (2) is disclosed to Plaintiff for the sole purpose of settlement negotiations.

TERMS 1. Defendants have agreed to provide Plaintiff with certain Confidential

Information regarding sales of the accused products in this case for purposes of discussing possible settlement. All information deemed Confidential Information by Defendants shall be clearly marked as follows: "CONFIDENTIAL INFORMATION DISCLOSED FOR SETTLEMENT DISCUSSIONS." The inadvertent production of any material without it being properly marked shall not be deemed a waiver of any claim of confidentiality in such information or document if brought to the attention of the parties within a reasonable time after production. 2. Any material designated as Confidential Information shall be held in

confidence by Plaintiff and shall not be disclosed by Plaintiff to anyone other than those persons designated herein and shall be handled in the manner set forth below and, in any event, shall not be used for any purpose other than in settlement negotiations in this litigation. Counsel for Plaintiff, and each person receiving
2.
Case No. 07cv2278

Case 3:07-cv-02278-BTM-CAB

Document 33

Filed 07/13/2008

Page 3 of 4

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

Confidential Information, shall take reasonable precautions to prevent the unauthorized or inadvertent disclosure of such information. If Confidential

Information is disclosed to any person other than a person authorized by this Stipulated Protective Order, Plaintiff must immediately bring all pertinent facts relating to the unauthorized disclosure to the attention of Defendants and, without prejudice to any rights and remedies of the Defendants, make every effort to prevent further unauthorized disclosure by the party and by the person(s) receiving the unauthorized disclosure. 3. Access to Confidential Information furnished to Plaintiff under this

Stipulated Protective Order shall be restricted to: (i) Plaintiff's counsel of record (including its professional, paraprofessional, stenographic, and clerical employees) for that party; and (ii) no more than a total of two (2) representatives for Plaintiff that are necessary to review such information. 4. Upon Defendants' request, all copies of all documents containing

designated Confidential Information that are in the possession of Plaintiff's counsel or other persons entitled to access, shall either be returned to counsel of record for Defendants or destroyed. As to destroyed documents, Plaintiff and its counsel shall certify to Defendants that such documents have been destroyed. destruction shall take place within thirty (30) days of Defendants' request. 5. This Stipulated Protective Order shall not prevent either party from Return or

applying to the Court for any further orders or discovery, and shall not preclude either party from enforcing their rights at law or in equity. 6. Any information produced by Defendants under this protective order

shall not be construed as an admission or agreement that (a) any specific information is or is not confidential, subject to discovery, relevant, or admissible as evidence in this litigation, (b) the stay entered in this litigation should be modified or not appropriate, (c) the stay in this litigation will eventually be lifted by the Court, (d) this litigation will eventually proceed, or (e) the `184 patent is valid, enforceable or
3.
Case No. 07cv2278

Case 3:07-cv-02278-BTM-CAB

Document 33

Filed 07/13/2008

Page 4 of 4

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

infringed. 7. The Court shall retain jurisdiction for the purpose of ensuring

compliance with this Order and granting such modifications to this Order and such other relief as may be necessary, and either party may apply to the Court for a modification to this Order. 8. Nothing in this Order shall affect future discovery proceedings or

subsequent protective orders entered by the Court for general purposes in this suit. 9. The parties agree to abide by and be bound by the terms of this

Stipulation upon signature by their attorneys. The parties have authorized electronic signatures for purposes of this Stipulated Protective Order. IT IS SO STIPULATED. DATED this Sunday, July 13, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s / Melody A. Kramer Melody A. Kramer, Esq., Attorney for Plaintiff HELEN OF TROY TEXAS CORPORATION AND OXO INTERNATIONAL LTD, Defendants /s/ Erik B. von Zeipel Erik B. von Zeipel, Esq., Attorney for Defendants

IT IS SO ORDERED Dated: July ____, 2008 ________________________________________ Honorable Barry Ted Moskowitz
4.
LA1 6704291.2 Case No. 07cv2278