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STIPULATED PROTECTIVE ORDER 

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

DM_US:23095176_1 

HOWREY LLP 

Joanne Lichtman (SBN 137300) 

HOWREY LLP 

550 South Hope Street, Suite 1100 

Los Angeles, California 90071-2627 

Telephone: (213) 892-1800 

Facsimile: (213) 892-2300 

Email: lichtmanj@howrey.com

Gilbert S. Keteltas (Pro Hac Vice) 

John F. Bruce (Pro Hac Vice) 

Christopher H. Marraro (Pro Hac Vice) 

HOWREY LLP 

1299 Pennsylvania Avenue, N.W. 

Washington, DC 20004-2402 

Telephone: (202) 783-0800 

Facsimile: (202) 383-6610 

Attorneys for Defendant-Intervenors

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

CENTER FOR FOOD SAFETY, et al., 

Plaintiffs, 

vs. 

TOM VILSACK, et al.,, 

Defendants; 

AMERICAN SUGARBEET GROWERS 

ASSOCIATION; ERVIN SCHLEMMER; 

MARK WETTSTEIN; DUANE GRANT; JOHN 

SNYDER; UNITED STATES BEET SUGAR 

ASSOCIATION; AMERICAN CRYSTAL 

SUGAR COMPANY; THE AMALGAMATED 

SUGAR COMPANY LLC; WESTERN SUGAR 

COOPERATIVE; and WYOMING SUGAR 

COMPANY, LLC, 

 

 Defendant-Intervenors 

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

STIPULATED PROTECTIVE ORDER 

Dept: Courtroom 11, 19th Floor 

Judge: Hon. Jeffrey S. White

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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 

undersigned counsel, stipulate and agree as follows: 

1. Use of Litigation Materials. All materials designated pursuant to the provisions 

below, shall be utilized by the receiving party only for the prosecution or defense of this case. 

2. Designation of Confidential Material. Any party to this action and any non-party 

producing confidential information in response to a discovery demand (collectively, a “Producing 

Party”) shall be entitled to designate a document confidential by stamping “CONFIDENTIAL” on the 

face of each page thereof or by stamping “CONFIDENTIAL” on the media upon which the data 

resides and by explicitly notifying the opposing party, in writing, that the data has been designated as 

“Confidential.” Such a designation shall constitute a representation by the party or person and its 

counsel that they, in good faith, believe that the material so designated (“Confidential Material”) 

contains or constitutes at the time of the designation information that is subject to protection under 

Rule 26(c) of the Federal Rules of Civil Procedure, including but not limited to (a) trade secrets or 

other information of a non-public nature considered by the producing party or person to be 

commercially or personally sensitive, confidential and/or proprietary, including but not limited to 

information concerning the breeding, planting, developing, producing, marketing, and selling of 

sugarbeets and sugarbeet seeds; or (b) other competitively sensitive or proprietary research, analysis, 

development, marketing, financial or commercial information, including information likely to be 

deemed sensitive by a non-party. 

In the event either party opposes a confidential designation, and if the parties are unable to 

resolve such dispute informally, the party opposing the designation may seek intervention of the Court 

to determine whether such documents are entitled to protection. The information shall be treated as 

confidential pending a ruling by the Court. A party that fails to challenge the propriety of the 

designation of documents, or deposition testimony or exhibits, as Confidential Material prior to the 

entry of judgment in this matter shall preclude any subsequent challenge to such designation. 

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

the right to assert confidentiality and does not preclude a Producing Party from subsequently making 

such a designation, and, if such subsequent designation is made, the material so designated will be 

treated as confidential after being properly designated through the provision of a revised, marked copy. 

Upon receipt of a marked copy, the receiving party shall return or destroy any and all un-marked 

copies of the data. If a document is designated as “Confidential Material” and the original or one or 

more copies are also produced but not so marked, the non-marked original or copies shall also be 

treated as Confidential Material if the recipient is actually aware of the designation. 

3. Non-Disclosure of Confidential Documents. Except with the prior written consent of 

the party that produced the Confidential Material, or as hereinafter provided under paragraph 4 below 

or otherwise, no Confidential Material may be disclosed to any person. “Confidential Material” 

includes any document (including data compilations in electronically readable form) which is 

identified as set forth herein by the Producing Party as subject to this confidentiality order. Included in 

this definition is (i) any data which is furnished on a computer disk or in other electronic form which 

the Producing Party designates at the time of production as confidential and (ii) any paper document 

which is marked with the legend (or which shall otherwise have had the legend recorded upon it in a 

way that brings its attention to a reasonable examiner) “CONFIDENTIAL” on each page to signify 

that it contains information believed to be subject to protection under this Order. For purposes of this 

order the term “document” means all written, recorded, electronically readable or graphic material, 

whether produced or created by a party or another person, whether produced pursuant to a document 

request, subpoena, by agreement, or otherwise. Deposition transcripts and exhibits, pleadings, 

motions, affidavits, and briefs that quote, summarize, or contain materials entitled to protection shall 

be accorded status as a confidential document, but, to the extent feasible, shall be prepared in such a 

manner that the confidential information is submitted separately from that not entitled to protection. 

4. Permissible Disclosures of Documents. Notwithstanding paragraph 2, Confidential 

Material may be disclosed to the parties in this action (or their officers, directors, in-house counsel and 

employees), but only to the extent that such disclosure is reasonably deemed necessary by such party’s 

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counsel for the conduct of this litigation, and provided that such persons may retain Confidential 

Material only as long as necessary for the conduct of this litigation; to outside counsel of record for 

the parties in this action who are actively engaged in the conduct or monitoring of this litigation and 

their partners, counsel, associates, secretaries, paralegal assistants, legal assistants, law clerks and 

employees to the extent reasonably deemed necessary by such counsel for the conduct of this litigation 

and to Daniel C. Mott, Fredrikson & Bryon and Robert Sims, Law Offices of Robert Sims, outside 

counsel for intervenor defendants American Crystal and SES Vanderhave, respectively as determined 

necessary by counsel of record for American Crystal and SES Vanderhave; to in-house litigating 

counsel for the Center for Food Safety; and to the Court in this action and Court personnel involved in 

this litigation (including court reporters, persons operating video recording equipment at depositions, 

and any special master appointed by the court, but provided that such persons may retain Confidential 

material only as long as it is necessary for such engagement) and shall be returned or destroyed 

pursuant to Paragraph 12. Such documents may also be disclosed to the following individuals, 

provided, however, that such documents are only disclosed to the extent reasonably deemed necessary 

by counsel for the purpose of such persons’ assistance in this litigation and provided that such persons 

may retain Confidential Material only as long as is necessary for them to render such assistance, and 

subject to the terms of Paragraph 5 of this protective order: 

(a) to any person designated by the Court in the interest of justice, upon such terms as the 

Court may deem proper; and 

(b) to a party or non-party witness and counsel for such witness in the course of his or her 

examination at deposition in this action, to the extent counsel has a good faith belief that the document 

reasonably relates to the potential testimony of such witness; 

(c) to outside consultants or experts retained for the purpose of assisting counsel in the 

litigation; 

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

to assist in the resolution of this matter; 

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

organizing, filing, coding, converting, storing, or retrieving data or designing programs for handling 

data connected with these actions, including the performance of such duties in relation to a 

computerized litigation support system; and 

(f) to employees of third-party contractors performing one or more of these functions. 

5. Confidentiality Agreement. Before disclosing Confidential Material to any persons 

identified in Paragraph 4 above (other than the producing party and the producing party’s officers, 

directors, in-house counsel, employees, experts, and the Court and Court personnel), receiving counsel 

contemplating disclosure of a producing party’s Confidential Material shall require such persons to 

read a copy of this Order and sign a copy of the Confidentiality Agreement, in the form attached hereto 

as Exhibit A, affirming that the recipient: (a) has read this Order and understands all of its terms; (b) 

agrees to abide by and to be bound by the terms of this Order; and (c) agrees to submit to the Court’s 

jurisdiction, or the jurisdiction of any other court of competent jurisdiction, for purposes of 

enforcement of this Order by proceedings for contempt and/or proceedings for legal and/or equitable 

relief, including damages, for a breach thereof. Counsel shall retain each such Confidentiality 

Agreement until such time as the litigation, including all appeals, is concluded and counsel has 

retrieved all Confidential Material, or received certification of its destruction, from the recipient 

pursuant to Paragraph 12 below. 

6. Confidential Information in Depositions. 

 (a) A deponent may during the deposition be shown, and examined about, Confidential 

Material if the deponent already knows the confidential information contained therein or if the 

provisions of Paragraph 5 are complied with. Deponents shall not retain or copy portions of the 

transcript of their depositions that contain confidential information not provided by them or the entities 

they represent unless they sign the form prescribed in Exhibit A hereto. A deponent who is not a party 

or representative or employee of a party shall be furnished a copy of this order and sign the attached 

confidentiality agreement before being examined about, or asked to produce, potentially confidential 

documents. 

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

deposition transcript, designate pages of the transcript (and exhibits thereto) as confidential. 

Confidential information within the deposition transcript may be designated by written notification to 

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 

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 

designated confidential, the confidential portions and any confidential exhibits shall be filed under seal 

separate from the portions and exhibits not so marked. 

7. Confidential Information at Hearings/Trial. Subject to the Federal Rules Evidence, 

confidential documents and other confidential information may be offered in evidence at trial or any 

court hearing, provided that the proponent of the evidence gives reasonable notice to counsel for the 

party that designated the information as confidential and the Court. Any party may move the Court for 

an order that the evidence be received in camera or under other conditions to prevent unnecessary 

disclosure. The Court will then determine whether the proffered evidence should continue to be 

treated as confidential information and, if so, what protection, if any, may be afforded to such 

information at the trial. 

8. Subpoena by Other Courts or Agencies. If another Court or an administrative agency 

subpoenas or orders production of Confidential Material that a party has obtained under the terms of 

this order, such party shall promptly notify the person who designated the data as Confidential of the 

pendency of such subpoena or order. 

9. Filing. Without written permission from the designating party or a Court order secured 

after appropriate notice to all interested persons, a party may not file in the public record in this action 

any Confidential Material. A party that seeks to file under seal any Confidential Material must comply 

with Civil Local Rule 79-5. Any party may introduce relevant and admissible Confidential Material in 

court filings, at trial or at a hearing before the Court in this action provided that the party that produced 

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the Confidential Material is given reasonable notice and an opportunity to seek relief from the Court. 

Where possible, only confidential portions of filings with the Court shall be filed under seal. 

10. Designation of “Confidential Restricted Attorneys’ Eyes Only” Documents. In 

addition to designating documents as “Confidential,” any party producing documents or providing 

discovery in this case may designate information as “Confidential Restricted Attorneys’ Eyes Only” 

(in the same manner as designating CONFIDENTIAL information) if the party in good faith believes 

such information could cause damage to the parties’ business interests if disclosed to a party in this 

case. “Confidential Restricted Attorneys’ Eyes Only” information shall be treated as Confidential 

Material under this Order in all respects except that such information shall not be revealed, disclosed 

or communicated in any way to the parties (including the parties’ officers, directors, in-house counsel 

and managers) except as provided below. 

The only persons to whom documents designated as “Confidential Restricted Attorneys’ Eyes 

Only” may be disclosed are the following: 

(a) counsel who have either (i) made an appearance of record for the parties in this action, 

or (ii) Daniel C. Mott, Fredrikson & Bryon and Robert Sims, Law Offices of Robert Sims, outside 

counsel for intervenor defendants American Crystal and SES Vanderhave, respectively as determined 

necessary by counsel of record for American Crystal and SES Vanderhave, or other counsel for a 

intervenor defendant who are actively engaged in the conduct or monitoring of this litigation and agree 

to sign the attached confidentiality agreement, and each case their respective partners, counsel, 

associates, secretaries, paralegals, and employees and contractors to the extent reasonably necessary to 

render professional services in connection with the litigation; 

(b) persons with prior knowledge of the documents or the confidential information 

contained therein; 

(c) experts, consultants, and other persons, who are especially retained by attorneys for one 

of the parties to assist in the preparation of the case for trial or to provide testimony who are not 

regular employees of the parties to this litigation, and only if such persons have a need to use some or 

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all of the documents, testimony, information, or other materials designated as “Confidential Restricted 

Attorneys’ Eyes Only;” 

(d) an officer, director, employee, or proposed expert witness of the party that produced the 

“Confidential Restricted Attorneys’ Eyes Only” material in the course of his or her examination at 

deposition in this action, and counsel for such witness, to the extent deemed necessary by counsel for a 

named party in order to examine such witness; 

(e) persons who have prepared or assisted in the preparation of the “Confidential Restricted 

Attorneys’ Eyes Only” material or to whom the” Confidential Restricted Attorneys’ Eyes Only” 

materials or copies thereof were addressed, delivered, or relate but only the extent that such disclosure 

is necessary for the conduct of this litigation; and 

(f) Court officials involved in this litigation (including court reporters, and persons 

operating video recording equipment at depositions). 

Information designated as “Confidential Restricted Attorneys’ Eyes Only” shall not be 

disclosed to clients or any other person not specifically mentioned in this paragraph above without 

specific court order or upon agreement of the producing party in writing. Before disclosing 

“Confidential Restricted Attorneys’ Eyes Only” material to any persons permitted by this paragraph 

(other than the producing party and its officers, directors, in-house counsel, employees, experts, and 

the Court and Court personnel), counsel contemplating disclosure shall require such persons to read a 

copy of this Order and sign a copy of the Confidentiality Agreement, in the form attached hereto as 

Exhibit A, pursuant to Paragraph 5 above. 

11. Designation of “Highly Confidential” Documents. In addition to designating 

documents as “Confidential,” and “Confidential Restricted Attorneys’ Eyes Only” any party producing 

documents or providing discovery in this case may designate information as “Highly Confidential” if 

the party in good faith believes such information could cause damage to the parties’ business interests 

if disclosed to business competitors in this case. Access to “Highly Confidential” information shall be 

limited to the same individuals who may receive “Confidential Restricted Attorneys’ Eyes Only” 

information subject to the following limitation. Only the party submitting a discovery request 

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(“Requesting Party”) and other parties that are not business competitors of the designating party with 

respect to the issues in this case may be provided with “Highly Confidential” information. Upon 

disclosure of “Highly Confidential” information, the designating party will provide written notice to all 

other parties. The notice shall state the date of the production and the basis for disclosure (i.e., “Highly 

Confidential documents were provided in response to Request for Production 5”). If counsel for nonrequesting business competitor believes that it has a legitimate, litigation-based need to receive a copy 

of “Highly Confidential” information, it may request a copy in writing. If, after meeting and 

conferring in accordance with the Court’s Discovery Plan, the parties are unable to come to agreement 

regarding the disclosure of “Highly Confidential” information, the party seeking a copy of the 

information may move the Court for an order compelling production. If a request by a business 

competitor would require production of “Highly Confidential” information, the designating party and 

requesting business competitor shall meet and confer in accordance with the Court’s Discovery Plan in 

an effort to reach agreement on disclosure. If those parties are unable to reach agreement, the 

designating party may move the Court for a protective order regarding the “Highly Confidential” 

information. 

“Highly Confidential” information shall only be produced to the requesting party in hard copy. 

A producing party shall provide the Requesting Party with two (2) hard copies of each document 

designated as “Highly Confidential.” The information shall be produced in a re-sealable envelope or 

file, with the case number, date and “HIGHLY CONFIDENTIAL INFORMATION OF [INSERT 

PARTY NAME]” on the outside. A Receiving Party shall maintain the “Highly Confidential” 

information within the provided envelope. The Receiving Party shall keep a log identifying each time 

the “Highly Confidential” information is accessed, which shall include the date and name of the 

individual accessing the “Highly Confidential” information. The Receiving Party shall maintain 

possession of this log but shall provide the log to the designating party at the conclusion of the case 

upon request, or by order of the Court upon showing of good cause. 

If the Receiving Party wishes to use any “Highly Confidential” information at a deposition, its 

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

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will be made for the deposition. If a designating party objects to use of the “Highly Confidential” 

information within the presence of non-requesting defendant-intervenors who are business 

competitors, the designating party shall notify all parties and the defendant-intervenors who are 

business competitors shall confer and resolve, or if unable to resolve, move the Court for a protective 

order governing the use of the “Highly Confidential” information during the deposition. No party will 

seek to recover any sanctions, fees or costs associated with deposition delays that may result from 

good-faith disputes regarding the use of “Highly Confidential” information during depositions. 

A Receiving Party shall not make any additional copies of “Highly Confidential” information 

unless requesting and receiving written permission from the designating party. Access shall at all 

times be limited to the Receiving Party’s outside litigation counsel and/or in-house litigating counsel 

for the Center for Food Safety in this action and its approved experts or non-party consultants. 

12. Non-Termination. The provisions of this order shall not terminate at the conclusion of 

these actions. Within 60 days after final conclusion of all aspects of this litigation, documents 

designated as “Confidential” and all copies of same (other than a copy of court filings, exhibits of 

record and documents that may be on backup tapes or any disaster recovery databases), documents 

designated “Confidential Restricted Attorneys’ Eyes Only” and documents designated as “Highly 

Confidential” shall be returned to the producing party or destroyed. All counsel of record shall make 

certification of compliance herewith and shall deliver the same to the producing party not more than 90 

days after final termination of this litigation. 

13. Modification Permitted. Nothing in this order shall prevent any party or other person 

from seeking modification of this order or from objecting to discovery that it believes to be otherwise 

improper. Nothing in this order shall be construed as a concession by any party that any category of 

documents is discoverable, admissible in evidence, or entitled to confidential treatment. 

14. Inadvertent Production. In the event that a party inadvertently produces material that 

is protected by the attorney-client privilege, work product doctrine, or any other privilege, within ten 

(10) business days after the producing party actually discovers that such production was made, the 

producing party may make a written request that the other parties return the inadvertently produced 

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privilege document along with any copies made thereof. The parties who received the inadvertently 

produced document will either return the document to the producing party or destroy the document 

immediately upon receipt of the written request, as directed by the producing party. By returning or 

destroying the document, the receiving party is not conceding that the document is privileged and is 

not waiving its right to later challenge the substantive privilege claim, provided that it may not 

challenge the privilege claim by arguing that the inadvertent production waived the privilege. Pursuant 

to Federal Rule of Evidence 502, disclosure of material in connection with this litigation shall not 

effect a waiver of the attorney-client privilege or work product protection in this litigation, nor in other 

federal or state proceedings. 

If a party inadvertently discloses any document or thing containing information that it deems 

Protected Material without designating it as CONFIDENTIAL, CONFIDENTIAL RESTRICTED 

ATTORNEYS’ EYES ONLY, or HIGHLY CONFIDENTIAL, or if party inadvertently applies an 

incorrect designation to any document or thing, the disclosing party shall promptly, upon discovery of 

such inadvertent disclosure or erroneous designation, inform the receiving party in writing of the 

correct designation of the material, and the receiving party shall thereafter treat the information as 

“Confidential,” “Confidential Restricted Attorneys’ Eyes Only,” or “Highly Confidential” as the case 

may be. To the extent such information may have been disclosed to persons other than persons 

authorized to receive such Protected Material in this Order, the receiving party shall promptly inform 

the designating party in writing of the disclosure and circumstances surrounding the disclosure, 

immediately retrieve the information, and avoid any further disclosure to non-authorized persons. 

15. Responsibility of Attorneys. The attorneys of record are responsible for employing 

reasonable measures to control, consistent with this order, duplication of, access to, and distribution of 

copies of confidential documents. Parties shall not duplicate any confidential document except 

working copies and for filing in court under seal. 

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Dated: February 8, 2010 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: (213) 892-1800 

Facsimile: (213) 892-2300 

Email: lichtmanj@howrey.com

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: (202) 783-0800 

Facsimile: (202) 383-6610 

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: (808) 599-2436 

Facsimile: (808) 521-6841 

Email: achitoff@earthjustice.org 

KEVIN GOLDEN (CA Bar No. 233378) 

Center for Food Safety 

2601 Mission St., Suite 803 

San Francisco, CA 94110 

Telephone: (415) 826-2770 

Facsimile: (415) 826-0507 

Email: kgolden@icta.org 

GREGORY C. LOARIE, (CA Bar No. 215859) 

Earthjustice 

426 17th Street, 5th Floor 

Oakland, CA 94612 

Telephone: (510) 550-6725 

Facsimile: (510) 550-6749 

Email: gloarie@earthjustice.org 

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STIPULATED PROTECTIVE ORDER 

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

DM_US:23095176_1 

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.: (202) 353-9213 

Facsimile: (202) 305-0506 

Email: Beverly.Li@usdoj.gov 

LORI CARAMANIAN 

Environment & Natural Resources Division 

U.S. Department of Justice 

1961 Stout Street, 8th Floor 

Denver, Colorado 80294 

Telephone: (303) 844-1499 

Facsimile: (303) 844-1350 

Email: lori.caramanian@usdoj.gov 

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: (202) 514-4505 

Facsimile: (202) 616-8460 

Email: john.coleman3@usdoj.gov 

Counsel for Federal Defendants 

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STIPULATED PROTECTIVE ORDER 

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

DM_US:23095176_1 

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: (415) 391-0600 

Facsimile: (415) 395-8095 

Email: holly.tate@lw.com 

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: (202) 637-2200 

Facsimile: (202) 637-2201 

Email: phil.perry@lw.com 

Email: janice.schneider@lw.com 

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: (202) 857-6000 

Facsimile: (202) 857-6395 

Email: abramson.stanley@arentfox.com 

Email: lattimore.rachel@arentfox.com 

Attorneys for Monsanto Company

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STIPULATED PROTECTIVE ORDER 

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

DM_US:23095176_1 

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: 202.344.4731 

Facsimile: 202.344.4028 

nbryson@agfoodlaw.com 

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:310.229.9922; Facsimile: 310.229.9901 

tjgorry@venable.com 

LOWELL M. ROTHSCHILD 

VENABLE LLP 

575 7th Street N.W. 

Washington, D.C. 20004-1601 

Phone: 202.344.4065; Fax: 202.344.8300 

lmrothschild@venable.com 

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: (415) 954-4400 

Facsimile: (415) 954-4480 

Email: dlazerwitz@fbm.com 

Attorneys for Syngenta Seeds, Inc.

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STIPULATED PROTECTIVE ORDER 

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

DM_US:23095176_1 

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: (310) 282-2000 

Facsimile: (310) 282-2200 

Email: dmurphy@loeb.com 

Email: aedminston@loeb.com 

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: (212) 909-6381 

Facsimile: (212) 909-6836 

Email: dabuhoff@debevoise.com 

Email: hzirlin@debevoise.com 

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: (816) 842-8600 

Facsimile: (816) 412-1051 

Email: dbukovac@stinson.com 

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: (415) 983-1000 

Facsimile: (415) 983-1200 

Email: sarah.flanagan@pillsburylaw.com 

Attorneys for SESVanderHave USA, Inc. 

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STIPULATED PROTECTIVE ORDER 

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

DM_US:23095176_1 

HOWREY LLP 

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STIPULATED PROTECTIVE ORDER 

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

DM_US:23095176_1 

HOWREY LLP 

ORDER

IT IS SO ORDERED. 

__, 2010 _________________________________ 

States District Judge 

Dated: _____________

 United 

Case3:08-cv-00484-JSW Document229 Filed02/08/10 Page18 of 20

February 9

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-1- 

CONFIDENTIALITY AGREEMENT 

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

DM_US:23095176_1 

HOWREY LLP 

EXHIBIT A

CONFIDENTIALITY AGREEMENT

_, hereby acknowledge, agree and certify under 

penalty of perjury that: 

 1. I have read the Stipulation an

Documents and Other Information Produced (“Order”), entered in the civil action 

captioned Center for Food Safety et al. v. Thomas J. Vilsack et al 0484-

JSW, in the United States District Court for t n District of California. 

2. I understand the terms of the Order. 

 3. I hereby agree to be bound by

thereof may subject me to contempt proceed al and equitable remedies, including 

damages. 

 4. I understand and agree that m would not be a sufficient remedy for breach 

of this Undertaking and that a party that asserts the confidential interest shall be entitled to specific 

performance and injunctive or other equitable relief as a remedy for any such breach. I agree to waive 

any requirement for the securing or posting of any bond in connection with such remedy. Such remedy 

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 

Northern District of California, or any other court of competent jurisdiction, for purposes of ensuring 

// 

//

 I, _________________________________

d Protective Order Regarding Confidentiality of 

 in Discovery

., Civil Action No. 3:08-cv-0

he Norther

 the terms of the Order and understand that a violation 

ings and to leg

oney damages 

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CONFIDENTIALITY AGREEMENT 

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

DM_US:23095176_1 

HOWREY LLP 

compliance with the terms and conditions of the Order and for civil remedies in the form of legal and 

equitable relief, including damages, for any breach thereof. 

 Executed on _______________________. 

_________________________________ 

Print Name 

_________________________________ 

Signature 

_________________________________ 

Title 

_________________________________ 

Company 

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