Don Henley et al v. Charles S Devore et al

Filing 34

STIPULATION for Protective Order filed by Plaintiffs Don Henley, Mike Campbell. (Attachments: # 1 Proposed Order)(Barquist, Charles)

Don Henley et al v. Charles S Devore et al

Doc. 34

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MORRISON & FOERSTER LLP CHARLES S. BARQUIST (CA SBN 133785) [e-mail] 555 West Fifth Street Los Angeles, California 90013-1024 Telephone: [phone] Facsimile: 213.892.5454 JACQUELINE C. CHARLESWORTH (pro hac vice) [e-mail] CRAIG B. WHITNEY (CA SBN 217673) [e-mail] KELVIN D. CHEN (pro hac vice) [e-mail] 1290 Avenue of the Americas New York, New York 10104 Telephone: [phone] Facsimile: 212.468.7900 PAUL GOLDSTEIN (CA SBN 79613) [e-mail] 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: 650.327.0811 Attorneys for Plaintiffs ONE LLP CHRISTOPHER W. ARLEDGE (CA SBN 200767) [e-mail] PETER AFRASIABI (CA SBN 193336) [e-mail] JOHN TEHRANIAN (CA SBN 211616) [e-mail] 535 Anton Boulevard, Suite 850 Costa Mesa, California 92626 Telephone: [phone] Facsimile: 714.434.8756 Attorneys for Defendants UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA | | | Plaintiffs, | v. | CHARLES S. DEVORE and | JUSTIN HART, | Defendants. | _ | DON HENLEY and MIKE CAMPBELL, Case No. SACV09-0481 JVS (RNBx) Hon. James V. Selna STIPULATION REGARDING [PROPOSED] PROTECTIVE ORDER FOR DISCOVERY

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The discovery procedures in this case may require disclosure of information regarded by the producing party as confidential information incorporating private, trade secret, and/or proprietary business information. Accordingly, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the parties by and through their respective attorneys, stipulate and agree, subject to the approval of the Court, to the entry of the protective order (the "Protective Order") attached hereto as Exhibit A, which will apply to the exchange of confidential information during discovery. GOOD CAUSE STATEMENT Unrestricted or unprotected disclosure of confidential commercial or personal information would result in substantial prejudice or harm to the disclosing party by revealing competitively sensitive and valuable confidential information, or by revealing private personal information to which a valid privacy interest pertains. Confidential information may constitute valuable tangible and intangible assets of a disclosing party, and unrestricted disclosure may destroy or significantly diminish such value. The privacy interest of the parties must be safeguarded. Furthermore, documents disclosed in the discovery procedures may also reveal the confidential information of third parties relating to their agreements, business dealings, and other interactions with one or more of the parties; the valid interests of non-parties to this litigation should be protected as well. It is the intent of the parties that confidential materials produced in this case will not be designated "Confidential" or "Attorneys' Eyes Only" for tactical reasons and that nothing will be designated as such without a good faith belief that good cause exists as to why it should not be part of the public record of this case. Examples of confidential information that the parties may seek to protect from unrestricted or unprotected disclosure include: (a) Information that is the subject of non-disclosure or confidentiality agreements or obligations with third parties;
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(b)

Internal business or campaign-related material, which may reveal

strategies relating to defendant DeVore's political campaigns or other sensitive business practices, such as internal correspondence, campaign research, or strategy memoranda; (c) Commercially sensitive proprietary and financial information, which may reveal revenues, royalties, profits, costs, margins, pricing, or trade secrets relating to a party or to third parties, such as documents reflecting proposals, negotiations, and agreements with third parties relating to licensing requests, royalty payments, and proposed artistic and commercial works of the parties or third parties seeking to license the Plaintiffs' copyrighted works for use in such third parties' proposed works and products; and (d) Personal information concerning a party or a third party. // // // // // // // // // // // // //

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Accordingly, the parties respectfully submit that there is good cause for the entry of the Protective Order. IT IS SO STIPULATED. Dated: September 16, 2009 MORRISON & FOERSTER LLP Charles S. Barquist Jacqueline C. Charlesworth Craig B. Whitney Kelvin D. Chen Paul Goldstein

By: /s/ Charles S. Barquist Charles S. Barquist Attorneys for Plaintiffs DON HENLEY and MIKE CAMPBELL Dated: September 16, 2009 ONE LLP Christopher W. Arledge Peter Afrasiabi John Tehranian

By: /s/ Christopher W. Arledge Christopher W. Arledge Attorneys for Defendants CHARLES S. DEVORE and JUSTIN HART

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