Digital CBT LLC v. TiVo Inc
Filing
33
PROTECTIVE ORDER by Magistrate Judge Robert N. Block granting Stipulation for Protective Order 32 . (nbo)
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RUSS AUGUST & KABAT
Alexander C.D. Giza, State Bar No. 212327
Andrew D. Weiss, State Bar No. 232974
12424 Wilshire Boulevard, 12th Floor
Los Angeles, California 90025
Tel: 310.826.7474
Fax: 310.826.6991
Email: agiza@raklaw.com; and
Email: aweiss@raklaw.com
Attorneys for TiVo Inc.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
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RUSS, AUGUST & KABAT
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Digital CBT LLC,
Plaintiff,
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Case No. SACV 12-6418 CJC (RNBx)
[PROPOSED] PROTECTIVE
ORDER
vs.
The Honorable Cormac J. Carney
United States District Court Judge
TiVo, Inc.,
Defendant.
AND RELATED COUNTERCLAIMS
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STIPULATED PROTECTIVE ORDER
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The Parties, by and through their respective counsel, having stipulated and
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agreed that an order pursuant to Federal Rule of Civil Procedure 26(c) is necessary
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to protect the confidentiality of documents and other information obtained in the
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course of discovery in this Action, it is hereby ORDERED THAT:
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1.
SCOPE OF ORDER. This Stipulation and Protective Order includes
in its scope all documents, things and information (including all documents and
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tangible things as defined in Rule 34(a) of the Federal Rules of Civil Procedure or
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any applicable local rule) that are produced, disclosed or filed in the above-
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captioned action (the "Action"), by or on behalf of any Party or non-Party,
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voluntarily or involuntarily, whether pursuant to formal or informal discovery
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requests, subpoena, deposition notice, or motion practice, and whether revealed in
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a document, deposition, a response to any type of written discovery, a submission
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to the Court or otherwise ("Litigation Material"). Nothing in this Order shall
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obligate any Party or non-Party to produce any Litigation Material to any other
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Party or non-Party that it is not otherwise required to produce under the Federal
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Rules of Civil Procedure or any applicable local rule.
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2.
USE
OF
LITIGATION
MATERIAL
GENERALLY.
All
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Litigation Material designated or reflecting CONFIDENTIAL INFORMATION,
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CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION, or
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CONFIDENTIAL
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INFORMATION, as defined below, shall be used solely for the purposes of
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preparation, trial and appeal of this Action and for no other purpose, absent further
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order of the Court. However, nothing herein shall prevent or in any way limit
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disclosure, use, or dissemination of any documents, things, or information that are
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in the public domain.
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3.
SOURCE
CODE
–
ATTORNEYS’
EYES
ONLY
DEFINITIONS.
a.
"Copy" shall mean any reproduction, depiction, or sample of
any Litigation Material, regardless of format, by photographic, scanning, imaging,
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STIPULATED PROTECTIVE ORDER
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recording, manual input, or other electronic, magnetic, optical, or manual
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reproduction means.
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b.
"In-House Counsel" shall mean in-house counsel for each of the
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Parties who are attorneys actively involved in this dispute for their employers, as
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well as their direct clerical and support staff, copy services, translators and other
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similar vendors providing clerical or administrative support to such In-House
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Counsel in connection with this matter.
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c.
"Outside Litigation Counsel" shall mean the outside counsel
regularly employed by the law firms of record for each Party in this Action,
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RUSS, AUGUST & KABAT
9
including all attorneys, staff, and clerical personnel, as well as other support
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personnel providing clerical or administrative support, employed by such outside
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counsel, as well as copy services, translators and other similar vendors providing
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clerical or administrative support to such outside counsel in connection with this
14
matter. "Outside Litigation Counsel" shall also include any other outside counsel
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retained by the Parties for appellate or consulting purposes, notwithstanding that
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such counsel is not counsel of record, so long as the Party engaging such counsel
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provides the other Party with written notice, and the other Party may object to such
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counsel on the same terms as set forth for objecting to a "Qualified Consultant" in
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Paragraphs 8(c) and 8(d).
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d.
"Party" or "Parties" shall mean any or all parties to this Action.
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e.
"Producing Party" shall mean a Party or non-party, on behalf of
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which documents, things or information are produced, furnished, or disclosed,
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during the course of this Action, in response to Local Rules of the Court or
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subpoena, requests for production of documents, interrogatories, requests for
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admissions, depositions or any other formal or informal request for discovery
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pursuant to the Federal Rules of Civil Procedure, or in the form of pleadings,
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briefs, memoranda, materials filed with the court, or other forms of information
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produced, furnished or disclosed by or on behalf of such a Party or non-party.
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STIPULATED PROTECTIVE ORDER
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f.
"Receiving Party" shall mean any Party or non-party to which
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documents, things, or information are produced, furnished, or disclosed, whether
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voluntarily or in response to formal or informal discovery requests, subpoena,
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deposition notice, or court order, by any Producing Party in this Action.
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g.
"Source Code" shall mean source code and object code. For
avoidance of doubt, this includes source files, make files, intermediate output files,
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executable files, header files, resource files, library files, module definition files,
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map files, object files, linker files, browse info files, and debug files. Source Code
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does not include documents that describe source code or object code, such as
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hardware reference specifications, software reference specifications, application
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programming interface ("API") specifications, technical specifications, and other
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presentations about how source code or object code is built, organized, engineered,
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designed or developed, except to the extent that any such document incorporates
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source code and/or object code, in which case that portion of such document
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qualifies as Source Code.
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h.
"CONFIDENTIAL INFORMATION" shall mean Litigation
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Material that reflects or contains any of the following: (i) confidential or
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proprietary technical or scientific information; (ii) confidential or proprietary
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know-how; (iii) confidential, proprietary, or sensitive business or financial
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information; (iv) product research and development information; (v) customer and
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supplier information; (vi) marketing strategies and information; (vii) strategic
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business information, including without limitation business plans, manufacturing
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information, cost information, or logistical information; (viii) any confidential
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information that the Producing Party would not normally reveal to third parties
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without a confidentiality agreement; or (ix) information of a non-party that the
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Producing Party is bound by a separate confidentiality agreement or court order to
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maintain in confidence and that the Producing Party produces in the Action.
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STIPULATED PROTECTIVE ORDER
i.
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"CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY
INFORMATION" shall mean Litigation Material that is so sensitive that the
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Producing Party in good faith believes its disclosure without further restrictions
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will result in significant risk of competitive disadvantage or harm if disclosed to
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another Party without restriction upon use or further disclosure, and that reflects or
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contains any of the following: (i) licensing information; (ii) confidential,
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proprietary, or highly sensitive design, development, technical, or manufacturing
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information; (iii) trade secrets; (iv) confidential, proprietary, or highly sensitive
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business planning, strategy, marketing, financial, pricing, or sales information; or
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(v) confidential or proprietary information that affords the Producing Party an
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actual or potential economic advantage over others.
j.
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"CONFIDENTIAL SOURCE CODE – ATTORNEYS’ EYES
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ONLY INFORMATION" shall mean Litigation Material of a Producing Party, or
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of any non-parties that a Producing Party is permitted to produce in the Action, that
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constitutes or contains Source Code.
k.
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"DESIGNATED INFORMATION" shall mean information
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designated as CONFIDENTIAL INFORMATION, CONFIDENTIAL OUTSIDE
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ATTORNEY’S EYES ONLY INFORMATION, or CONFIDENTIAL SOURCE
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CODE – ATTORNEYS’ EYES ONLY INFORMATION.
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4.
DESIGNATION OF DOCUMENTS OR OTHER LITIGATION
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MATERIAL.
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DESIGNATED INFORMATION must have a good faith belief that the Litigation
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Material
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CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION, or
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CONFIDENTIAL
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INFORMATION as set forth in Paragraphs 3(h), 3(i), and 3(j), respectively. Based
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on such a good faith belief, any Party or non-party may designate, at or prior to the
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time of production, any non-public Litigation Material (and copies thereof)
A
meets
Producing
the
Party
definition
SOURCE
designating
of
Litigation
CONFIDENTIAL
CODE
–
ATTORNEYS’
4
STIPULATED PROTECTIVE ORDER
Material
as
INFORMATION,
EYES
ONLY
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produced or disclosed by or on behalf of such Party or non-party, or any portion of
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such material, as either:
a.
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CONFIDENTIAL INFORMATION, by placing on each page
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(or electronic file and medium containing electronic file(s)) and each thing
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(including electronic, optical, magneto-optical, magnetic, etc. media) to which the
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designation applies a legend substantially as follows: "CONFIDENTIAL
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INFORMATION SUBJECT TO PROTECTIVE ORDER," "CONFIDENTIAL
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INFORMATION," or other similar designation;
b.
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CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY
RUSS, AUGUST & KABAT
10
INFORMATION, by placing on each page (or electronic file and or medium
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containing electronic file(s)) and each thing (including electronic, optical,
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magneto-optical, magnetic, etc. media) to which the designation applies a legend
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substantially as follows: "CONFIDENTIAL OUTSIDE ATTORNEY’S EYES
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ONLY
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"CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION,"
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or other similar designation; or
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INFORMATION
c.
SUBJECT
TO
PROTECTIVE
ORDER,"
CONFIDENTIAL SOURCE CODE – ATTORNEYS’ EYES
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ONLY INFORMATION, by placing on each page (or electronic file and or
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medium containing electronic file(s)) and each thing (including electronic, optical,
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magneto-optical, magnetic, etc. media) to which the designation applies a legend
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substantially as follows: "CONFIDENTIAL SOURCE CODE – ATTORNEYS’
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EYES ONLY INFORMATION SUBJECT TO PROTECTIVE ORDER" or other
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similar designation.
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In the event the Producing Party elects to produce documents containing or
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reflecting DESIGNATED INFORMATION for inspection, no marking need be
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made by the Producing Party in advance of the inspection, and all inspected
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materials shall be deemed CONFIDENTIAL OUTSIDE ATTORNEY’S EYES
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STIPULATED PROTECTIVE ORDER
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ONLY INFORMATION until designated otherwise at the time copies are
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delivered to Receiving Party.
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5.
USE OF DESIGNATED INFORMATION. CONFIDENTIAL
INFORMATION shall not be made available, nor the contents thereof disclosed, to
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persons other than QUALIFIED PERSONS, as defined in Paragraph 6 herein, and
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CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION
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shall not be made available, nor the contents thereof disclosed, to persons other
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than SPECIALLY QUALIFIED PERSONS, as defined in Paragraph 7 herein,
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except that CONFIDENTIAL INFORMATION and CONFIDENTIAL OUTSIDE
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ATTORNEY’S EYES ONLY INFORMATION may be made available or the
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contents thereof disclosed in accordance with the provisions of Paragraphs 9 and
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10. Material designated CONFIDENTIAL SOURCE CODE – ATTORNEYS’
13
EYES ONLY INFORMATION and any portion of any transcript or other paper
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that contains or reveals the contents of material so designated may only be
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disclosed, subject to the provisions of Paragraph 27, to SOURCE CODE
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QUALIFIED PERSONS, as defined in Paragraph 7, except in accordance with the
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provisions of Paragraphs 9 and 10. All DESIGNATED INFORMATION shall be
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carefully and securely maintained by the Receiving Party and access to such
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DESIGNATED INFORMATION shall be permitted only to persons having access
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thereto under the terms of this Protective Order. DESIGNATED INFORMATION
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shall be stored at the offices or facilities (including any servers or databases) of the
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Receiving Party only consistent with the terms of this Protective Order. In the
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event that any QUALIFIED PERSON, SPECIALLY QUALIFIED PERSON, or
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SOURCE CODE QUALIFIED PERSON ceases to be engaged in the litigation of
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this Action, access by such person to DESIGNATED INFORMATION shall be
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terminated. The provisions of this Protective Order, however, shall otherwise
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remain in full force and effect as to such QUALIFIED PERSON, SPECIALLY
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QUALIFIED PERSON, or SOURCE CODE QUALIFIED PERSON.
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STIPULATED PROTECTIVE ORDER
6.
1
2
only the following:
a.
Outside Litigation Counsel involved in the litigation of this
b.
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QUALIFIED PERSONS. QUALIFIED PERSONS shall include
jury consultants, mock jurors, and personnel at document
Action;
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duplication, coding, imaging, or scanning services retained by (but not regularly
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employed by) Outside Litigation Counsel, as deemed in good faith to be
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reasonably necessary during the litigation of this Action;
c.
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Qualified Consultants and Qualified Experts, as provided in
RUSS, AUGUST & KABAT
10
Paragraph 8(b), and their regularly employed support personnel (such as
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administrative assistants, secretaries, clerical and administrative staff) as deemed in
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good faith to be reasonably necessary during the litigation of this Action;
d.
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the Court, its personnel, jurors and alternate jurors, and court
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reporters, stenographers and videographers transcribing or recording testimony at
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depositions, hearings, or trial in this Action;
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e.
In-House Counsel; and
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f.
Up to three (3) Qualified Employees of each Party, as provided
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in Paragraph 8(a) herein.
7.
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SPECIALLY QUALIFIED PERSONS AND SOURCE CODE
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QUALIFIED PERSONS.
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a.
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SPECIALLY QUALIFIED PERSONS shall include only those
QUALIFIED PERSONS listed in Paragraphs 6(a)-6(d).
b.
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SOURCE CODE QUALIFIED PERSONS as used herein shall
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include only those QUALIFIED PERSONS listed in Paragraphs 6(a), 6(b), 6(d),
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and Qualified Consultants and/or Qualified Experts under paragraph 8(b), in
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addition to their regularly employed support personnel, as long as such personnel
27
become Qualified Consultants and Qualified Experts as provided in Paragraph
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8(b).
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STIPULATED PROTECTIVE ORDER
8.
1
2
APPROVAL OF PROPOSED QUALIFIED EMPLOYEES,
QUALIFIED CONSULTANTS, AND QUALIFIED EXPERTS.
a.
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Other than In-House Counsel, an employee of a Party who does
not engage in competitive decision-making shall become a Qualified Employee as
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to a particular Producing Party and may receive the CONFIDENTIAL
6
INFORMATION of that Producing Party only after the following conditions have
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been satisfied: (i) the proposed Qualified Employee has executed an Agreement to
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Abide By Protective Order in the form attached hereto as Exhibit A; (ii) the
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executed Agreement has been served on the Producing Party; and (iii) the
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Producing Party has not objected to the proposed Qualified Employee pursuant to
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Paragraph 8(c), or the Court has ruled on an application by the Receiving Party that
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the
13
INFORMATION of the Producing Party.
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proposed
b.
Qualified
Employee
may
receive
the
CONFIDENTIAL
A consultant or expert retained by a Party shall become a
15
Qualified Consultant or Qualified Expert, as the case may be, as to a particular
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Producing Party and may receive the DESIGNATED INFORMATION of that
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Producing Party only after the following conditions have been satisfied: (i) the
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proposed Qualified Consultant or Qualified Expert has executed an Agreement to
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Abide By Protective Order in the form attached hereto as Exhibit B; (ii) the
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executed Agreement and the proposed Qualified Consultant’s or Qualified Expert’s
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curriculum vitae (including (1) their present employer and title, (2) a list of any
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known present or former relationships or engagements between them and any Party
23
and any known present or former relationships or engagements between them and
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any known competitor of a Party within the last seven years, (3) a list of other
25
cases (including case name, parties, and court) in which they have testified at trial
26
or deposition within the last seven years, and (4) a list of all companies with which
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they have consulted or by which they have been employed within the last four
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years, or, if the identity of the employer is confidential, a description of the
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STIPULATED PROTECTIVE ORDER
engagement and a statement that the employer was not a Party or a competitor of a
2
Party) have been served on the Producing Party; and (iii) the Producing Party has
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not objected to the proposed Qualified Consultant or Qualified Expert pursuant to
4
Paragraph 8(c), or the Court has ruled on an application by the Receiving Party that
5
the
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DESIGNATED INFORMATION of the Producing Party. A proposed Qualified
7
Consultant or Qualified Expert may only receive CONFIDENTIAL SOURCE
8
CODE – ATTORNEYS’ EYES ONLY INFORMATION after being expressly
9
identified to the Producing Party as seeking access to CONFIDENTIAL SOURCE
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CODE – ATTORNEYS’ EYES ONLY INFORMATION. If the Receiving Party
11
wishes an already identified Qualified Consultant or Qualified Expert to receive
12
CONFIDENTIAL
13
INFORMATION, it must re-comply with the provisions of this Paragraph and
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identify the proposed Qualified Consultant or Qualified Expert as seeking access to
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CONFIDENTIAL
16
INFORMATION.
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proposed
c.
Qualified
Consultant
SOURCE
SOURCE
or
CODE
–
CODE
–
Qualified
Expert
ATTORNEYS’
ATTORNEYS’
may
EYES
EYES
receive
ONLY
ONLY
A Producing Party shall have seven (7) calendar days from the
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date of facsimile or electronic mail service of the materials and information served
19
pursuant to Paragraphs 8(a) or 8(b), plus three (3) additional calendar days if
20
service is made by U.S. mail or overnight delivery (such as Federal Express), to
21
object to a proposed Qualified Employee, Qualified Consultant or Qualified
22
Expert. Such objection must be for good cause, stating with particularity the
23
reasons for the objection, and must be in writing served on all Parties. Failure to
24
object within the period referenced in this Paragraph shall constitute approval but
25
shall not preclude the non-objecting Party from later objecting to continued access
26
where facts suggesting a basis for objection could not have been earlier discovered
27
by exercising due diligence within the period for making a timely objection. If a
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written notice of objection is served, no DESIGNATED INFORMATION of the
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STIPULATED PROTECTIVE ORDER
1
Producing Party shall be disclosed to the proposed Qualified Employee, Qualified
2
Consultant, or Qualified Expert until the objection is resolved by agreement or by
3
an order of the Court.
d.
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The
Producing
Party
objecting
to
the
disclosure
of
DESIGNATED INFORMATION to a proposed Qualified Employee, Qualified
6
Consultant, or Qualified Expert bears the burden of seeking an order of the Court
7
and must demonstrate under applicable law why the proposed Qualified Employee,
8
Qualified Consultant, or Qualified Expert should not be permitted to receive
9
DESIGNATED INFORMATION. The objecting Producing Party must seek an
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RUSS, AUGUST & KABAT
5
order of the Court within fourteen (14) calendar days of serving its objection under
11
Paragraph 8(c). Any such motion must be made in strict compliance with Central
12
District Local Rules 37-1 and 37-2 (including the Joint Stipulation requirement).
13
Failure to seek an order of the Court shall constitute approval but shall not
14
preclude the non-objecting Party from later objecting to continued access where
15
facts suggesting a basis for objection could not have been earlier discovered by
16
exercising due diligence within the period for making a timely objection.
e.
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The failure of a Producing Party to object to the receipt of its
18
CONFIDENTIAL
INFORMATION,
19
ATTORNEY’S
20
SOURCE CODE – ATTORNEYS’ EYES ONLY INFORMATION by a person
21
designated by a Receiving Party under Paragraph 8(b) shall in no way prejudice the
22
Producing Party’s right to later move to exclude such person’s testimony or written
23
report on grounds other than the propriety of such person’s access to the Producing
24
Party’s
25
ATTORNEY’S
26
SOURCE CODE – ATTORNEYS’ EYES ONLY INFORMATION.
EYES
ONLY
CONFIDENTIAL
EYES
CONFIDENTIAL
INFORMATION
INFORMATION,
ONLY
and/or
CONFIDENTIAL
CONFIDENTIAL
INFORMATION
27
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10
STIPULATED PROTECTIVE ORDER
and/or
OUTSIDE
OUTSIDE
CONFIDENTIAL
1
9.
LIMITED
DISCLOSURE
TO
PARTIES
WITH
PRIOR
2
ACCESS. Nothing herein shall prevent the disclosure of any DESIGNATED
3
INFORMATION to any of the following:
4
a.
any current employee of the Producing Party;
5
b.
any current employee of the Receiving Party if the
6
DESIGNATED INFORMATION originated with, or was sent to, the current
7
employee of the Receiving Party, as evidenced by the identification of the current
8
employee as an author, recipient, or copy recipient on the face of the
9
DESIGNATED INFORMATION; or
c.
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10
during deposition, any former employee of the Receiving Party
11
or Producing Party if the DESIGNATED INFORMATION originated with, or was
12
sent to, the former employee during the term of employment of the former
13
employee, as evidenced by the identification of the former employee as an author,
14
recipient, or copy recipient on the face of the DESIGNATED INFORMATION.
15
10.
LIMITED DISCLOSURE TO WITNESSES TESTIFYING AT
16
DEPOSITION. Except insofar as a witness is otherwise qualified to receive
17
DESIGNATED INFORMATION under any of Paragraphs 6 through 9,
18
DESIGNATED INFORMATION may be made available, or the contents thereof
19
disclosed, to witnesses testifying at deposition, or who provide an affidavit or
20
certification, and their counsel, only if:
21
a.
in the case of a document, it appears that the witness has
22
previously seen or received the DESIGNATED INFORMATION contained
23
therein, either because the document identifies the witness as an author, recipient
24
or copy recipient, or because the document comes from the files of the witness;
25
b.
the Producing Party agrees in writing that the witness may have
26
access to the DESIGNATED INFORMATION for purposes of his or her testimony
27
at deposition; or
28
11
STIPULATED PROTECTIVE ORDER
c.
1
the witness is employed by the Producing Party and there is no
indication that, despite such employment, the witness should not be able to see the
3
document.
4
If the basis of the disclosure is (a) above, then if requested by the Producing Party,
5
immediately after the disclosure, the lawyer disclosing such DESIGNATED
6
INFORMATION must make an inquiry with respect to the witness’s previous
7
access to such information, and if it becomes apparent on such inquiry that the
8
witness has not had previous access to the DESIGNATED INFORMATION, the
9
item shall be withdrawn and no further inquiry regarding the DESIGNATED
10
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2
INFORMATION shall be permitted. Any witness testifying at deposition or who
11
provides an affidavit or certification, or their counsel who receives DESIGNATED
12
INFORMATION, shall not reveal or discuss the contents of that information to or
13
with any person who is not entitled to receive such information pursuant to this
14
Protective Order.
15
11.
DESIGNATION OF DEPOSITION TESTIMONY. A Party or
16
non-party may designate information disclosed during a deposition as
17
DESIGNATED INFORMATION by so indicating on the record at the deposition.
18
A Party or non-party deponent may also designate in writing, within thirty (30)
19
calendar days of the receipt of the certified transcript (the "Designation Period"),
20
that specific portions of testimony (by reference to specific pages and lines) and/or
21
exhibits be treated as DESIGNATED INFORMATION. If a Party has a good faith
22
belief that it needs the designation of a transcript to be made sooner, the Party may
23
ask the other Party (or non-party deponent) whether the other Party (or non-party
24
deponent) may designate all or part of the deposition transcript as DESIGNATED
25
INFORMATION. If such a request is made, specifically citing this Paragraph in
26
the inquiry, the Designation Period as to that Party or non-party deponent shall
27
expire if that Party or non-party deponent does not provide its designations within
28
fifteen (15) calendar days. A Party or non-party deponent designating information
12
STIPULATED PROTECTIVE ORDER
1
as DESIGNATED INFORMATION must have a good faith belief that the
2
information meets the definition of CONFIDENTIAL INFORMATION,
3
CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION, or
4
CONFIDENTIAL
5
INFORMATION and must only designate those portions of testimony or exhibits
6
that qualify as such.
7
transcript, that transcript shall be treated as CONFIDENTIAL OUTSIDE
8
ATTORNEY’S EYES ONLY INFORMATION unless the Parties have earlier
9
agreed that no designation will be made.
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10
12.
SOURCES
CODE
–
ATTORNEYS’
EYES
ONLY
Until the Designation Period has elapsed for a given
ATTENDANCE AT DEPOSITIONS. During depositions of any
11
Party or nonparty, a Party or non-party claiming that information that is to be
12
disclosed or upon which questions may be based is DESIGNATED
13
INFORMATION may exclude from the room for that portion of the deposition any
14
person, beside the witness and counsel representing the witness, who is not a
15
QUALIFIED PERSON, SPECIALLY QUALIFIED PERSON, or SOURCE
16
CODE QUALIFIED PERSON, as appropriate under this Protective Order.
17
13.
FILING DESIGNATED INFORMATION. In accordance with
18
Local Rule 79-5.1, if any papers to be filed with the Court contain any
19
DESIGNATED INFORMATION, the proposed filing shall be accompanied by an
20
application to file the papers or the portion thereof containing the DESIGNATED
21
INFORMATION (if such portion is segregable) under seal; and the application
22
shall be directed to the judge to whom the papers are directed. For motions, the
23
parties shall publicly file a redacted version of the motion and supporting papers.
24
Neither the fact that counsel have stipulated to an under seal filing nor the fact that
25
a proposed filing contains DESIGNATED INFORMATION is sufficient in itself
26
for the Court to find that good cause exists to file the papers or the portion
27
containing the DESIGNATED INFORMATION under seal.
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13
STIPULATED PROTECTIVE ORDER
1
14.
PROCEDURE FOR POST-PRODUCTION DESIGNATION. At
2
any time prior to the final pretrial conference in this Action, a Producing Party may
3
seek additional protection for previously produced Litigation Material by re-
4
producing and re-designating such Litigation Material as DESIGNATED
5
INFORMATION. If Litigation Material was properly shown to a person who
6
would not be entitled to see it as newly re-designated, that person shall be advised
7
that the Litigation Material has been re-designated as DESIGNATED
8
INFORMATION, as the case may be, and instructed not to use the Litigation
9
Material for any purpose other than the litigation of this Action.
RUSS, AUGUST & KABAT
10
11
15.
PROCEDURE FOR OBJECTION TO DESIGNATION.
a.
At any time prior to the final pretrial conference in this Action,
12
any Party may object in good faith to the designation or re-designation of any
13
Litigation Material as DESIGNATED INFORMATION by providing counsel for
14
the Producing Party with written notice of the reasons for its objection. The
15
Producing Party shall, within seven (7) calendar days after receiving such written
16
notice, advise the objecting Party, in writing, of the basis for its designation.
17
Within seven (7) calendar days thereafter, the Parties shall meet and confer in a
18
good faith effort to resolve the matter. If the Receiving Party applies to the Court
19
for relief from the designation, the Producing Party retains the burden of
20
establishing that the item was properly designated. Any such application to the
21
Court must be made in strict compliance with Central District Local Rules 37-1
22
and 37-2 (including the Joint Stipulation requirement).
23
b.
Notwithstanding any objection to the designation of Litigation
24
Material as DESIGNATED INFORMATION, Litigation Material designated as
25
DESIGNATED INFORMATION shall be treated as such and shall be subject to
26
the provisions hereof unless and until one of the following occurs: (i) the
27
Producing Party changes or removes such designation in writing; or (ii) the Court
28
orders a change in or removal of such designation. If Litigation Material was
14
STIPULATED PROTECTIVE ORDER
1
properly shown to a person who would not be entitled to see it as reclassified, that
2
person shall be advised that the Litigation Material has been reclassified and
3
instructed not to use the Litigation Material for any purpose other than the
4
litigation of this Action.
c.
5
The designation of an item as DESIGNATED INFORMATION
6
may be challenged, among other reasons, because: (i) the information is or comes
7
to be publicly disclosed in a printed publication, (ii) the information is or comes to
8
be generally publicly known, or (iii) the information is or comes to be otherwise
9
known to the Receiving Party without any breach of the confidentiality obligations
RUSS, AUGUST & KABAT
10
hereunder.
Any disclosure of DESIGNATED INFORMATION under this
11
Protective Order shall not serve as a basis for challenging the DESIGNATED
12
INFORMATION designation of the information in question.
d.
13
The failure of the Receiving Party to challenge the designation
14
of any item as DESIGNATED INFORMATION under this Protective Order at the
15
time of production or designation of the item shall not be deemed a waiver of the
16
Receiving Party’s right to challenge the propriety of such designation at any time
17
prior to the final pretrial conference in this Action.
18
19
20
16.
APPLICABILITY
TO
NON-PARTIES.
It
is
expressly
contemplated that the protections of this Protective Order apply to non-parties.
17.
NOTICE TO NON-PARTIES. Any Party issuing a subpoena to a
21
non-party shall enclose a copy of this Protective Order and shall provide a copy of
22
the subpoena to all Parties in this Action.
23
24
18.
NO WAIVER.
a.
Nothing in this Protective Order shall prejudice the right of any
25
Party to object to the production of any document or part thereof upon any
26
appropriate ground, including any applicable privilege, and nothing herein shall be
27
construed as a waiver of such rights. Moreover, nothing in this Protective Order
28
shall prejudice the right of any Party to object to the admissibility at trial of any
15
STIPULATED PROTECTIVE ORDER
1
Litigation Material or other evidentiary material on any appropriate ground, and
2
nothing herein shall be construed as a waiver of such right.
b.
3
Entering into, agreeing to and/or complying with the terms of
4
this Protective Order shall not: (i) operate as an admission by any Party that any
5
particular Litigation Material contains or reflects currently valuable trade secrets or
6
protected proprietary or commercial information; or (ii) operate as an admission by
7
any Party that any particular Litigation Material is, or is not, relevant to this
8
Action.
9
19.
PARTIES’ OWN INFORMATION. Notwithstanding any other
RUSS, AUGUST & KABAT
10
provision of this Protective Order, nothing shall limit any Producing Party’s use of
11
its own documents, things or information, nor shall anything in this Protective
12
Order prevent any Producing Party from disclosing its DESIGNATED
13
INFORMATION to any person. Such disclosures shall not affect any designation
14
of such documents, things, or information as DESIGNATED INFORMATION
15
pursuant to the terms of this Protective Order so long as the disclosure is made in a
16
manner that is reasonably calculated to maintain the confidentiality of the
17
documents, things, or information.
18
20.
DISCLOSURES BEYOND PROTECTIVE ORDER. Nothing in
19
this Protective Order shall prevent disclosure beyond the terms of this Protective
20
Order: (i) if the Producing Party(ies) consents to such disclosure; (ii) if the Court,
21
after notice of all affected persons, allows such disclosure; or (iii) if the Receiving
22
Party thereafter becomes obligated to disclose the information in response to a
23
lawful subpoena or other legal process. The Receiving Party shall give prompt
24
written notice to counsel for the Producing Party and shall, unless the time for
25
allowed for compliance makes it impossible, provide counsel for that Party at least
26
ten (10) calendar days from receipt of the written notice to object to the Receiving
27
Party’s production of any materials that reflect DESIGNATED INFORMATION
28
produced by the Producing Party. However, nothing in this order shall require
16
STIPULATED PROTECTIVE ORDER
1
violation of any order of another Court. Further, nothing in this Protective Order is
2
intended or should be construed as authorizing a party to disobey a lawful
3
subpoena issued in another action.
4
21.
INADVERTENT OR UNINTENTIONAL PRODUCTION OF
PRIVILEGED LITIGATION MATERIAL.
6
documents) produced in this action that a party or non-party ("Producing Party")
7
later claims should not have been produced due to a privilege or protection from
8
discovery, including but not limited to any attorney-client privilege, work product
9
privilege, joint defense privilege, or settlement privilege, shall not be deemed to
10
RUSS, AUGUST & KABAT
5
Any information (including
waive any such privilege or protection. A party or non-party may request the
11
return or destruction of such information, which request shall identify the
12
information and the basis for requesting its return. If a Receiving Party receives
13
information that the Receiving Party believes may be subject to a claim of
14
privilege or protection from discovery, the Receiving Party shall promptly identify
15
the information to the producing party or non-party.
16
When a Producing Party or Receiving Party identifies such privileged or
17
protected information, a Receiving Party: 1) shall not use, and shall immediately
18
cease any prior use of, such information; 2) shall take reasonable steps to retrieve
19
the information from others to which the receiving party disclosed the information;
20
3) shall within five (5) business days of the Producing Party's request return to the
21
Producing Party or destroy the information and destroy all copies thereof; and 4)
22
shall confirm to the Producing Party the destruction under 3) above of all copies of
23
the information not returned to the Producing Party. No one shall use the fact or
24
circumstances of production of the information in this action to argue that any
25
privilege or protection has been waived. Within thirty (30) days after a Producing
26
Party or Receiving Party identifies the information, and not thereafter, the
27
Receiving Party may file a motion to compel the production of the information on
28
the basis that: (a) the information was never privileged or protected from
17
STIPULATED PROTECTIVE ORDER
1
disclosure; or (b) any applicable privilege or immunity has been waived by some
2
act other than the production of the information in this action. Any such motion
3
must be made in strict compliance with Central District Local Rules 37-1 and 37-2
4
(including the Joint Stipulation requirement).
5
6
22.
INADVERTENT
DISCLOSURE
OF
DESIGNATED
INFORMATION.
a.
7
If any Litigation Material that a Party or non-party intends to
8
designate as DESIGNATED INFORMATION is inadvertently disclosed without
9
being marked in accordance with this Protective Order, the failure to so mark the
RUSS, AUGUST & KABAT
10
Litigation Material shall not be deemed a waiver of its confidentiality.
b.
11
If any DESIGNATED INFORMATION is disclosed, through
12
inadvertence or otherwise, to a person or Party other than a QUALIFIED
13
PERSON, SPECIALLY QUALIFIED PERSON or SOURCE CODE QUALIFIED
14
PERSON, as the case may be, then the Party disclosing the information shall use
15
its best efforts to bind such person or Party to the terms of this Protective Order
16
and (a) such person shall be informed promptly of all the provisions of this
17
Protective Order by the disclosing Party; (b) such person shall be identified
18
immediately to the Party that designated the Litigation Material as DESIGNATED
19
INFORMATION; and (c) the person to whom disclosure was made shall be
20
requested to sign an Agreement to Abide By Protective Order in the form of
21
Exhibit B hereto, which signed Agreement shall be served on the Party that
22
designated the Litigation Material as DESIGNATED INFORMATION. Nothing in
23
this Paragraph shall affect the Producing Party’s remedies under this Protective
24
Order or otherwise for such unauthorized disclosure.
25
26
27
28
23.
RETURN
OR
DESTRUCTION
OF
DESIGNATED
INFORMATION UPON CONCLUSION OF THIS ACTION.
a.
At the Conclusion of this Action, each Party subject to the
terms of this Protective Order shall assemble and return to each Producing Party all
18
STIPULATED PROTECTIVE ORDER
originals and reproductions of any Litigation Material containing DESIGNATED
2
INFORMATION, including notes made therefrom or summaries thereof, within
3
sixty (60) calendar days of the Conclusion of this Action. In lieu of returning
4
Litigation Materials containing information designated as CONFIDENTIAL
5
INFORMATION, or CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY
6
INFORMATION, or notes or summaries of Litigation Material containing any
7
DESIGNATED INFORMATION, a Party may destroy all such Litigation Material
8
within sixty (60) calendar days of the Conclusion of this Action, provided the Party
9
electing to undertake such destruction certifies to the Producing Party in writing
10
RUSS, AUGUST & KABAT
1
that it has made a reasonable and good faith effort to destroy such Litigation
11
Material, and that all such material has been destroyed to the best of its knowledge.
b.
12
Notwithstanding Paragraph 23(a), Outside Litigation Counsel
13
for each Party may retain a record including one unredacted copy of the following,
14
regardless of whether CONFIDENTIAL INFORMATION or CONFIDENTIAL
15
OUTSIDE ATTORNEY’S EYES ONLY INFORMATION of another Party or
16
non-Party is included: (i) its correspondence file of this case; (ii) its pleadings file,
17
including all briefs, memoranda, affidavits, supporting materials, and all papers
18
served on the Party; (iii) any briefs and appendices on appeal; (iv) all legal
19
research memoranda; (v) its file of deposition transcripts and accompanying
20
exhibits; and (vi) its file of hearing and trial transcripts and accompanying exhibits.
21
In the instance of CONFIDENTIAL SOURCE CODE – ATTORNEYS’ EYES
22
ONLY INFORMATION, the foregoing exception to Paragraph 23(a) shall not
23
apply and no partial or complete Source Code shall be retained under any
24
circumstances absent written consent from the Producing Party.
25
26
27
24.
SURVIVAL OF OBLIGATIONS.
a.
All the provisions of this Protective Order shall survive the
Conclusion of this Action, and shall continue to be binding after the Conclusion of
28
19
STIPULATED PROTECTIVE ORDER
1
this Action unless subsequently modified by agreement among the Parties or
2
further order of the Court.
b.
3
4
"Conclusion of this Action" shall mean all appeal periods have
expired and any settlement has become effective or judgment has become final.
c.
5
For the purposes of enforcing this Protective Order and
6
resolving any disputes thereunder, the Court retains jurisdiction indefinitely over
7
the Parties and any persons provided access to DESIGNATED INFORMATION
8
under the terms of this Protective Order.
25.
9
VIOLATIONS SANCTIONABLE.
All persons bound by this
RUSS, AUGUST & KABAT
10
Protective Order are hereby notified that if this Protective Order is in any manner
11
violated, the person or entity who commits such violation may be subject, on
12
motion and after a hearing, to such sanctions as are provided by law.
26.
13
RELIEF FROM PROTECTIVE ORDER. Entry of this Protective
14
Order shall be without prejudice to the application by any Party or non-Party (i) for
15
relief from any restriction contained herein or (ii) for any order compelling or
16
further restricting the production or use of any Litigation Material produced,
17
furnished, or disclosed in the course of discovery in this Action. The Parties may
18
amend or modify any provision of this Protective Order by mutual agreement,
19
which agreement shall be embodied in a written stipulation to be approved by the
20
Court.
21
27.
ADDITIONAL
ATTORNEY’S
ONLY
INFORMATION.
23
CONFIDENTIAL
24
INFORMATION shall be subject to the additional protection of this Paragraph.
SOURCE
CODE
EYES
CONFIDENTIAL
SOURCE
a.
–
FOR
22
25
CODE
PROTECTIONS
–
ATTORNEY’S
EYES
ONLY
Nothing in this Protective Order shall obligate the Parties to
26
produce any Source Code, nor act as an admission that any particular Source Code
27
is discoverable.
28
20
STIPULATED PROTECTIVE ORDER
b.
1
2
Access to Source Code will be given only to SOURCE CODE
QUALIFIED PERSONS.
c.
3
Access to Source Code shall be provided on one "stand-alone"
computer (that is, the computer may not be linked to any network, including a local
5
area network ("LAN"), an intranet, or the Internet and may not be connected to any
6
printer or storage device other than the internal hard disk drive of the computer)
7
(each such configured computer is hereinafter referred to as a "Secure Computer").
8
Each Secure Computer shall be kept in a secure location at the offices of the
9
Producing Party’s Outside Litigation Counsel's office in Los Angeles, or at such
10
RUSS, AUGUST & KABAT
4
other location as the Producing and Receiving Parties mutually agree (the
11
"Inspection Room"). Each Secure Computer may be password protected and shall
12
have the Source Code stored on a hard drive contained inside the Secure
13
Computer.
14
searchable format on each Secure Computer. Each Secure Computer shall, at the
15
Receiving Party’s request, include reasonable analysis tools appropriate for the
16
type of Source Code. The Receiving Party shall be responsible for providing the
17
tools or licenses to the tools that it wishes to use to the Producing Party so that the
18
Producing Party may install such tools on the Secure Computers. Each Secure
19
Computer shall include a printer of commercially reasonable speeds.
20
Receiving Party may make hard copy print outs (on the provided paper) from the
21
printer connected to each Secure Computer at the time of review. Absent written
22
agreement of the Producing Party, or Court order, no more than five hundred (500)
23
total pages of the Source Code shall be printed or requested by the Receiving
24
Party. At end of each day, Producing Party shall collect the printouts made by the
25
Receiving Party and shall Bates label and produce copies of the printouts to
26
Receiving Party within a reasonable time.
27
28
The Producing Party shall produce Source Code in computer
d.
The
The Receiving Party shall make reasonable efforts to restrict its
requests for access to the Secure Computers to normal business hours, which for
21
STIPULATED PROTECTIVE ORDER
1
purposes of this Paragraph shall be 9:00 a.m. through 5:00 p.m. Upon reasonable
2
notice from the Receiving Party, which shall not be less than three (3) business
3
days in advance, the Producing Party shall make reasonable efforts to
4
accommodate the Receiving Party’s request for access to the Secure Computers
5
outside of normal business hours. The Parties agree to cooperate in good faith
6
such that maintaining the Source Code at the offices of the Producing Party’s
7
Outside Litigation Counsel shall not unreasonably hinder the Receiving Party’s
8
ability to efficiently and effectively conduct the prosecution or defense of this
9
Action. The parties reserve their rights to request access to the Source Code at the
RUSS, AUGUST & KABAT
10
site of any hearing or trial.
11
e.
All SOURCE CODE QUALIFIED PERSONS who will review
12
Source Code on behalf of a Receiving Party shall be identified in writing to the
13
Producing Party at least seven (7) business days in advance of the first time that
14
such person reviews such Source Code. Such identification shall be in addition to
15
any disclosure required under Paragraph 8(b) of this order. The Producing Party
16
shall provide these individuals with information explaining how to start, log on to,
17
and operate the Secure Computers in order to access the produced Source Code on
18
the Secure Computers.
19
f.
No person other than the Producing Party may alter, dismantle,
20
disassemble or modify any Secure Computer in any way, or attempt to circumvent
21
any security feature of any Secure Computer.
22
g.
SOURCE CODE QUALIFIED PERSONS may not use cellular
23
telephones, tablets, cameras, laptop computers, and/or similar devices in the
24
Inspection Room. The Producing Party shall make reasonable efforts to provide a
25
separate room where SOURCE CODE QUALIFIED PERSONS may use these
26
devices during their inspection of the Source Code.
27
28
h.
Hard copy printouts of Source Code shall be maintained by the
Receiving Party's Outside Litigation Counsel or SOURCE CODE QUALIFIED
22
STIPULATED PROTECTIVE ORDER
1
PERSONS in a secured locked area. The Receiving Party may also temporarily
2
keep the print outs at: (i) the Court for any proceedings(s) relating to the Source
3
Code, for the dates associated with the proceeding(s); (ii) the sites where any
4
deposition(s) relating to the Source Code are taken, for the dates associated with
5
the deposition(s); and (iii) any intermediate location reasonably necessary to
6
transport the print outs (e.g., a hotel prior to a Court proceeding or deposition). No
7
further hard copies of such Source Code shall be made and the Source Code shall
8
not be transferred into any electronic format or onto any electronic media except
9
that:
1.
RUSS, AUGUST & KABAT
10
The Receiving Party is permitted to make a the number
11
of copies required for use in connection with a Court filing, hearing, or trial –
12
taking into account the Court’s procedural requirements and the needs of the Court,
13
counsel, and any applicable witness to see the exhibits – and of only the specific
14
pages deemed in good faith to be reasonably necessary for deciding the issue for
15
which the portions of the Source Code are being filed or offered. To the extent
16
portions of Source Code are quoted in a Court filing, either (1) the entire document
17
will be stamped and treated as CONFIDENTIAL SOURCE CODE –
18
ATTORNEY’S EYES ONLY INFORMATION; or (2) those pages containing
19
quoted Source Code will be separately stamped and treated as CONFIDENTIAL
20
SOURCE CODE – ATTORNEY’S EYES ONLY INFORMATION;
2.
21
Electronic copies of Source Code printouts may be made
22
only as necessary to create documents which, pursuant to the Court’s rules,
23
procedures and order, must be filed or served electronically.
24
i.
Nothing in this Protective Order shall be construed to limit how
25
a Producing Party may maintain material designated as CONFIDENTIAL
26
SOURCE CODE – ATTORNEY’S EYES ONLY INFORMATION.
27
28
j.
Outside Litigation Counsel for the Receiving Party with
custody of CONFIDENTIAL SOURCE CODE – ATTORNEY’S EYES ONLY
23
STIPULATED PROTECTIVE ORDER
1
INFORMATION shall maintain a source code log containing the following
2
information: (1) the date and time access CONFIDENTIAL SOURCE CODE –
3
ATTORNEY’S EYES ONLY INFORMATION began and ended; (2) the identity
4
of the person or people accessing the source code; and (3) the location the
5
CONFIDENTIAL
6
INFORMATION was accessed from.
7
Receiving Party will produce, upon request, each such source code log to the
8
Producing Party within sixty (60) days of the final determination of this Action.
9
28.
SOURCE
CODE
–
ATTORNEY'S
EYES
ONLY
Outside Litigation Counsel for the
PROSECUTION BAR. No attorney for or representing Plaintiff,
RUSS, AUGUST & KABAT
10
whether in-house or Outside Counsel of record, nor any other person associated
11
with Plaintiff, who is permitted to receive Protected Information pursuant to
12
Paragraph 7 herein, who obtains, receives, has access to, or otherwise learns, in
13
whole or in part, DESIGNATED INFORMATION of Defendant designated
14
CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION or
15
CONFIDENTIAL
16
INFORMATION pursuant to Paragraphs 3(i) and (j) herein shall prepare,
17
prosecute, supervise, or assist in the preparation or prosecution of any patent
18
application, reexamination procedures, or reissue procedures for Plaintiff, or for
19
any affiliated or related entity or person, pertaining to video processing and/or
20
capturing (“Technical Field”) or the disclosed DESIGNATED INFORMATION
21
during the pendency of this action and for two years after the conclusion of this
22
action, including any appeals. Nothing in this paragraph shall be construed as a
23
waiver of the other provisions of this Order, including but not limited to those
24
provisions restricting the use and disclosure of DESIGNATED INFORMATION.
SOURCE
CODE
–
ATTORNEY'S
EYES
ONLY
25
26
27
IT IS SO ORDERED.
Dated: November 27, 2013
_____________________________
Honorable Robert N. Block
28
United States Magistrate Judge
24
STIPULATED PROTECTIVE ORDER
1
EXHIBIT A
Qualified Employee
2
UNITED STATES DISTRICT COURT
3
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
4
5
Digital CBT LLC,
6
Plaintiff,
7
AGREEMENT TO ABIDE BY
PROTECTIVE ORDER
vs.
8
TiVo, Inc.,
9
10
RUSS, AUGUST & KABAT
Case No. SACV 12-6418 CJC (RNBx)
11
12
The Honorable Cormac J. Carney
United States District Court Judge
Defendant.
AND RELATED COUNTERCLAIMS
I,
__________________________________________,
declare
under
penalty of perjury that:
13
1. My address is _______________________________________________
14
__________________________________________________________________
15
___________.
16
2. My present employer is ______________________________________,
17
and the address of my present employment is _____________________________
18
__________________________________________________________________
19
___________.
20
3. My present occupation or job description is ________________________
21
__________________________________________________________________
22
__________________________________________________________________.
23
4. I hereby acknowledge that I have read the "Stipulated Protective Order"
24
("PROTECTIVE ORDER") in the above-captioned action (the "Action"), that I am
25
familiar with the terms thereof, and that I agree to be bound by the terms thereof.
26
5. I hereby certify that I am not involved in competitive decision-making for
27
my employer, nor will I be involved in competitive decision-making for my
28
employer until at least one year after the Conclusion of this Action.
25
STIPULATED PROTECTIVE ORDER
1
6. I hereby acknowledge that, pursuant to the PROTECTIVE ORDER, I may
2
receive information designated as CONFIDENTIAL INFORMATION, but not
3
CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION or
4
CONFIDENTIAL SOURCE CODE – ATTORNEY’S EYES ONLY
5
INFORMATION, in this Action, and certify my understanding that such
6
information is provided to me pursuant to the terms and restrictions of the
7
PROTECTIVE ORDER. I agree not to reveal any CONFIDENTIAL
8
INFORMATION or any notes containing or reflecting CONFIDENTIAL
9
INFORMATION to anyone not authorized to receive such information pursuant to
RUSS, AUGUST & KABAT
10
the terms of the PROTECTIVE ORDER, and I agree not to use, directly or
11
indirectly, or allow the use of any CONFIDENTIAL INFORMATION for any
12
purpose other than directly associated with my duties in this litigation.
13
7. I understand that I am to retain all copies of the materials that I receive
14
which have been designated as containing or reflecting CONFIDENTIAL
15
INFORMATION in a container, cabinet, drawer, room or other safe place in a
16
manner consistent with the PROTECTIVE ORDER. I understand that all copies of
17
any such materials are to remain in my custody until the Conclusion of this Action
18
or the completion of my assigned duties, whereupon the copies are to be destroyed
19
or returned to the Producing Party. Such return or destruction shall not relieve me
20
from the obligations imposed upon me by said PROTECTIVE ORDER. I further
21
agree to notify any support personnel (such as paralegals, administrative assistants,
22
secretaries, clerical and administrative staff) who are necessary to assist me of the
23
terms of the PROTECTIVE ORDER and of their obligation not to reveal any
24
CONFIDENTIAL INFORMATION to anyone not authorized to receive such
25
information pursuant to the terms of the PROTECTIVE ORDER.
26
8. I understand that I shall be subject to the jurisdiction of the U.S. District
27
Court for the Central District of California in any proceeding relating to my
28
performance under, compliance with, or violation of the PROTECTIVE ORDER.
26
STIPULATED PROTECTIVE ORDER
1
Signature: ____________________________
2
Date: ________________________________
3
4
5
6
7
8
9
RUSS, AUGUST & KABAT
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
27
STIPULATED PROTECTIVE ORDER
1
EXHIBIT B
Qualified Consultant Or Qualified Expert
2
UNITED STATES DISTRICT COURT
3
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
4
5
Digital CBT LLC,
6
Plaintiff,
7
AGREEMENT TO ABIDE BY
PROTECTIVE ORDER
vs.
8
TiVo, Inc.,
9
10
RUSS, AUGUST & KABAT
Case No. SACV 12-6418 CJC (RNBx)
11
12
13
The Honorable Cormac J. Carney
United States District Court Judge
Defendant.
AND RELATED COUNTERCLAIMS
I,
__________________________________________________________,
declare under penalty of perjury that:
1. My address is ________________________________________________
14
__________________________________________________________________
15
___________.
16
2. My present employer is _______________________________________,
17
and the address of my present employment is ______________________________
18
__________________________________________________________________
19
___________.
20
3. My present occupation or job description is
21
__________________________________________________________________
22
__________________________________________________________________
23
__________________________________________________________________.
24
4. I have attached hereto my current curriculum vitae and, to the best of my
25
knowledge, a complete list of any present or former relationships or engagements
26
between myself and any Party to the above-captioned action (the "Action") or any
27
known competitor thereof.
28
28
STIPULATED PROTECTIVE ORDER
1
5. I hereby acknowledge that I have read the "Stipulated Protective Order"
2
("PROTECTIVE ORDER") in this Action, that I am familiar with the terms
3
thereof, and that I agree to be bound by the terms thereof.
4
6. I hereby acknowledge that, pursuant to the PROTECTIVE ORDER, I may
receive
6
CONFIDENTIAL OUTSIDE ATTORNEY’S EYES ONLY INFORMATION, or
7
CONFIDENTIAL
8
INFORMATION (collectively, "DESIGNATED INFORMATION") in this Action,
9
and certify my understanding that such information is provided to me pursuant to
10
RUSS, AUGUST & KABAT
5
information
designated
the terms and restrictions of the PROTECTIVE ORDER. I agree not to reveal any
11
DESIGNATED INFORMATION or any notes containing DESIGNATED
12
INFORMATION to anyone not authorized to receive such information pursuant to
13
the terms of the PROTECTIVE ORDER, and I agree not to use, directly or
14
indirectly, or allow the use of any DESIGNATED INFORMATION for any
15
purpose other than directly associated with my duties in this litigation.
SOURCE
as
CODE
CONFIDENTIAL
–
ATTORNEY’S
INFORMATION,
EYES
ONLY
16
7. I understand that I am to retain all copies of the materials that I receive
17
which have been designated as containing or reflecting DESIGNATED
18
INFORMATION in a container, cabinet, drawer, room or other safe place in a
19
manner consistent with the PROTECTIVE ORDER. I understand that all copies of
20
any such materials are to remain in my custody until the Conclusion of this Action
21
or the completion of my assigned duties, whereupon the copies are to be destroyed
22
or returned to the Producing Party. Such return or destruction shall not relieve me
23
from the obligations imposed upon me by the PROTECTIVE ORDER.
24
understand that material designated as or reflecting CONFIDENTIAL SOURCE
25
CODE – ATTORNEY’S EYES ONLY INFORMATION is subject to the
26
additional restrictions listed in the PROTECTIVE ORDER and that I am familiar
27
with and agree to abide by those restrictions. I further agree to notify any support
28
personnel (such as paralegals, administrative assistants, secretaries, clerical and
29
STIPULATED PROTECTIVE ORDER
I
1
administrative staff) who are necessary to assist me of the terms of the
2
PROTECTIVE
3
CONFIDENTIAL
4
ATTORNEY’S EYES ONLY INFORMATION to anyone not authorized to
5
receive such information pursuant to the terms of the PROTECTIVE ORDER. I
6
also agree to notify any support personnel (such as paralegals, administrative
7
assistants, secretaries, clerical and administrative staff) that they may not access
8
CONFIDENTIAL
9
INFORMATION pursuant to the terms of the PROTECTIVE ORDER.
ORDER
and
of
their
INFORMATION
SOURCE
or
CODE
–
obligation
not
to
reveal
CONFIDENTIAL
ATTORNEY’S
any
OUTSIDE
EYES
ONLY
RUSS, AUGUST & KABAT
10
8. I understand that I shall be subject to the jurisdiction of the U.S. District
11
Court for the Central District of California in any proceeding relating to my
12
performance under, compliance with, or violation of the PROTECTIVE ORDER.
13
14
Signature: ________________________________
15
Date: ____________________________________
16
17
18
19
20
21
22
23
24
25
26
27
28
30
STIPULATED PROTECTIVE ORDER
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