Xcentric Ventures, LLC et al v. Stanley et al

Filing 52

LODGED Proposed Proposed Protective Order Re Depositions re: 51 MOTION for Protective Order Regarding Depositions. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Xcentric Ventures, LLC(an Arizona Corporation), Ed Magedson(an individual). (Speth, Maria)

Xcentric Ventures, LLC et al v. Stanley et al

Doc. 52

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

XCENTRIC VENTURES, LLC, an Arizona corporation, d/b/a "RIPOFFREPORT.COM"; ED MAGEDSON, an individual Plaintiffs, v. WILLIAM "BILL" STANLEY, an individual; WILLIAM "BILL" STANLEY d/b/a DEFAMATION ACTION.COM; WILLIAM "BILL" STANLEY d/b/a COMPLAINTREMOVER.COM; WILLIAM "BILL" STANLEY aka JIM RICKSON; WILLIAM "BILL" STANLEY aka MATT JOHNSON; ROBERT RUSSO, an individual; ROBERT RUSSO d/b/a COMPLAINTREMOVER.COM; ROBERT RUSSO d/b/a DEFENDMYNAME.COM; ROBERT RUSSO d/b/a QED MEDIA GROUP, L.L.C.; QED MEDIA GROUP, L.L.C.; QED MEDIA GROUP, L.L.C. d/b/a DEFENDMYNAME.COM; QED MEDIA GROUP, L.L.C. d/b/a COMPLAINTREMOVER.COM; DEFAMATION ACTION LEAGUE, an unincorporated association; and INTERNET DEFAMATION LEAGUE, an unincorporated association; Defendants.

Case No: 2:07-cv-00954-NVW PROPOSED PROTECTIVE ORDER REGARDING DEPOSITIONS OF MAGEDSON

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

ROBERT RUSSO, an individual; QED MEDIA GROUP, L.L.C., a Maine limited liability corporation, Counterclaimants, v. ED MAGEDSON, an individual, Counterdefendant.

The Court, having received Plaintiffs' Motion for Protective Order Regarding Depositions and the QED Defendants' Response thereto, and there being good cause shown, ORDERS as follows: 1. These orders apply to the deposition of Edward Magedson and the 30(b)(6)

deposition of a corporate representative of Xcentric Ventures, LLC (the "Magedson Depositions."). 2. At the time and date agreed to between counsel, QED Defendants' counsel,

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QED Defendants, and a stenographer will meet at Plaintiffs' counsel's Phoenix offices for the purposes of conducting the Magedson Depositions. Within an hour, a car and driver provided by Plaintiffs' counsel (at Plaintiffs' expense) will transport those participants to a secure and appropriate location for the deposition, which location will be chosen by Plaintiffs. 3. The date and time of the Magedson Depositions will be kept confidential.

The only individuals who will be apprised of the date and time will be Plaintiffs' attorneys, staff working for Plaintiffs' attorneys, Defendants' attorneys, staff working for

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

Defendants' attorneys, and the certified individual(s) responsible for recording the testimony. 4. The location of the Magedson Depositions will be kept confidential before,

during, and after the deposition. The only individuals who will be apprised of the location of the Magedson Depositions will be Plaintiffs' attorneys, Defendants' attorneys, and the certified individual(s) responsible for recording the testimony. 5. As an alternative to paragraphs 2 and 3 above, at the election of counsel for

the QED Defendants, the Magedson Depositions may be taken by telephone with the location of the deponents undisclosed. 6. During discovery in this case, neither Magedson nor any other participant

will be compelled to provide Magedson's home address, work address or other information regarding Magedson's whereabouts at any given time. 7. The Magedson Depositions shall be recorded only by stenographic means.

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There shall not be any sound and/or visual recording(s) made of the Magedson Depositions. 8. The transcripts of the Magedson Depositions will be considered confidential

information that can only be used for purposes of this lawsuit and for no other purpose. The Magedson Depositions transcripts can only be provided to the following Authorized Persons: (a) Counsel of record for the parties to this civil action;

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

(b) Paralegal, secretarial, administrative, and legal personnel working under the direction and control of the counsel of record for the parties to this civil action; and (c) Outside experts and consultants retained by the counsel of record to this civil action who have first consented to this Protective Order and signed the Promise of Confidentiality and agreed in writing to be bound by its terms. Further access may be agreed to by the parties documented in writing or requested by any party by motion filed with this Court and approved by this Court. 9. If any subpoenas, request for production, or other forms of discovery in

connection with other litigation are served on any party to this litigation calling for the production of the Magedson Depositions transcripts, that party will immediately notify the Plaintiffs' counsel of record, and provide a copy of the subpoena or any other discovery request to Plaintiffs' counsel before producing the transcript. 10. Within twenty (20) days of the final termination of this action, counsel of

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record for the QED Media Defendants shall assemble and return to counsel for the Plaintiffs any and all copies of the Magedson Depositions transcripts. 11. All obligations and duties arising under this Protective Order shall survive

the termination of this action and, in addition, shall be binding upon the parties to this action, their successors and assigns (whether in whole or in part), affiliates, subsidiaries, their officers, attorneys, agents, representatives and employees. 12. This Court shall retain jurisdiction indefinitely with respect to enforcement

of and/or any dispute regarding the improper use of confidential material, to modify the 4
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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

terms of this Order, or to enter further Orders regarding confidential material, as may be necessary.

DATED this

day of July, 2007.

NEIL V. WAKE UNITED STATES DISTRICT JUDGE

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

EXHIBIT A

PROMISE OF CONFIDENTIALITY

STATE OF COUNTY OF 1. My name is by . 2. I am aware that a document and information protective order has been entered and a copy of that Protective in Order has been given to me. 3. I promise that I will use the confidential materials as defined under that Protective Order only in connection with assisting counsel for the Plaintiffs or Defendants in preparing for litigation of this matter. 4. I promise that I will not disclose or discuss such confidential material with any person other than the parties, and counsel for the parties or members of their staff who are actively engaged in the preparation of this case. 5. I understand that any use of the confidential material I obtain, in any manner contrary to the provisions of the Protective Order may subject me to sanctions by this Court, and I agree to the jurisdiction of this Court to enforce any such Order. 6. I expressly consent to the jurisdiction of this Court with respect to matters within the scope of the Protective Order. 7. I promise to promptly return to Ed Magedson's Counsel of Record, through delivery to counsel representing Plaintiffs or Defendant, all confidential materials or any portion or summary thereof, upon notice mailed to me at the address provided hereinabove, and I promise that under no circumstance will I retain any duplicate of any such confidential material. I assume all responsibility for returning this material to Ed Magedson's Counsel of Record as set forth herein, and I bear all risks associated with the 6
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. I live at . I am employed as

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

purported loss, destruction or inadvertent disclosure of such confidential material that has been entrusted to my care. My failure to return all such confidential material will be deemed a disclosure in violation of the Protective Order and this agreement, which may subject me to sanctions. I expressly agree to pay all reasonable attorneys' fees, costs and expenses associated with enforcement of this paragraph in order to obtain my compliance with it, in addition to my sanctions the Court may impose.

Signature Witness my hand seal this . day of

Date ,

200

(SEAL) State of County , a notary public for this county I, , whose name is and state, certify that signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, the above named individual executed the same voluntarily on the date the same bears date. Notary Public My Commission Expires:

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

EXHIBIT B

STATE OF

COUNTY OF

Plaintiffs, v. CIVIL ACTION NO.:

Defendants.

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DEPOSITION OF THIS DAY OF , 200

DESIGNATION OF CONFIDENTIAL MATERIAL Pursuant to the Court Order dated of this deposition are designated as confidential. , the following parts

day of 8

, 200

.

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JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012

Counsel of Record

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