U.S. Energy Technologies, Inc. v. Deco Lighting Inc et al

Filing 49

STIPULATED PROTECTIVE ORDER by Magistrate Judge Robert N. Block re Stipulation for Protective Order 48 : IT IS HEREBY ORDERED THAT the following principles and procedures shall govern any and all discovery among the parties and any third parties, as applicable: (See document for details.) (rla)

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1 2 3 4 5 6 7 8 9 10 11 12 13 David B. Sandelands, Esq. No. 198,252 Daniel M. Cislo, Esq. No. 125,378 CISLO & THOMAS LLP 1333 Second Street, Suite 500 Santa Monica, California 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 Attorneys for Plaintiff and Counterdefendant U.S. ENERGY TECHNOLOGIES, INC. (dba U.S. LIGHTING TECH, INC.) Nathaniel L. Dilger,Esq. No. 196023 Marc S. Williams, Esq. Bar No. 198913 John Tehranian, Esq. Bar No. 211616 One LLP 4000 MacArthur Blvd. West Tower, Suite 1100 Newport Beach, California 92660 Telephone: (949) 502-2870 Facsimile: (949) 258-5081 Attorneys for Defendant and Counterclaimant DECO LIGHTING, INC. 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 18 19 U.S. Energy Technologies, Inc. (dba U.S. Lighting Tech.), a California corporation, 20 Plaintiff, 21 22 23 vs. [DISCOVERY MATTER] [[Proposed] Order filed concurrently herewith] Defendants. 25 _____ 26 AND RELATED COUNTERCLAIMS 28 [PROPOSED] STIPULATED PROTECTIVE ORDER Deco Lighting, Inc., an entity of unknown status, residing in California, and DOES 1 through 9, inclusive, Trial Date: March 13, 2011 24 27 Case No. SACV 11-329 JST (RNBx) 1 On July 25, 2011, the parties submitted a Proposed Stipulated Protective 2 Order for entry as an order of the Court. On July 27, the Court issued a Minute 3 Order wherein the Court declined to issue the Protective Order as failing to meet 4 certain requirements as set forth by the Court in its Minute Order. In this First 5 Amended Stipulated Protective Order, the parties have made each change as 6 required for the Court and now believe the Proposed Stipulated Protective Order 7 is in condition for entry by the Court. CISLO & THOMAS LLP Attorneys at Law WHEREAS, Plaintiff US Energy Technologies, Inc. (dba US Lighting 9 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 8 Tech, Inc.) (“US Light”) and Defendant Deco Lighting, Inc. (“Deco”) agree that 10 discovery in this action may involve disclosure of certain documents and 11 information which may contain trade secrets and/or confidential commercial, 12 financial, research and development or business information, as contemplated by 13 Federal Rule of Civil Procedure 26(c)(7), and that a protective order is necessary 14 to protect their privacy and confidentiality. 15 ACCORDINGLY, the parties, by and through their respective undersigned 16 counsel of record, therefore STIPULATE to the following protective order and 17 procedures for handling such information, which will apply to all documents, 18 testimony, tangible things, materials, items, and/or information produced by the 19 parties or non-parties during discovery and designated as “CONFIDENTIAL” or 20 “CONFIDENTIAL -- ATTORNEYS ONLY” by the producing person or entity: 21 22 STIPULATED PROTECTIVE ORDER 23 24 25 Upon stipulation of the parties hereto for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, 26 27 28 2 1 IT IS HEREBY ORDERED THAT the following principles and 2 procedures shall govern any and all discovery among the parties and any third 3 parties, as applicable: 4 5 1. Scope of Order. Any person or entity that provides documents, Person”) to any party (“Receiving Party”) in connection with this action that 8 contain information of a confidential nature may designate such documents, 9 CISLO & THOMAS LLP Attorneys at Law materials and information, whether oral, written or demonstrative (“Producing 7 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 6 materials and information, whether in the form of documents, interrogatory 10 answers, admissions, things, deposition testimony, or otherwise (“Designated 11 Information”) as falling within one of the following two categories of 12 confidentiality, provided such designation is made in good faith: 13 “CONFIDENTIAL” and “CONFIDENTIAL – ATTORNEYS ONLY.” 14 15 2. Information that may be designated “CONFIDENTIAL” or 16 “CONFIDENTIAL – ATTORNEYS ONLY.” A Producing Person may 17 designate as “CONFIDENTIAL” any of the documents, materials and 18 information described in Paragraph 1 that the Producing Person believes in good 19 faith contains, reflects or reveals information entitled to protection under Fed. R. 20 Civ. P. 26(c)(7). If the Producing Person believes in good faith that the 21 limitations in this Order on dissemination of materials designated as 22 “CONFIDENTIAL” are insufficient to safeguard the subject materials because 23 the dissemination could reasonably cause competitive injury to the Party, its 24 owner or the Producing Person, the Producing Person may designate such 25 materials as “CONFIDENTIAL – ATTORNEYS ONLY.” The parties and their 26 attorneys shall use reasonable care and diligence to avoid designating any 27 documents or materials as CONFIDENTIAL or CONFIDENTIAL – 28 3 Information is designated as CONFIDENTIAL or CONFIDENTIAL – 3 ATTORNEYS ONLY, production or disclosure of that document, material or 4 information shall be governed by the terms of this Order unless such designation 5 is withdrawn, either by agreement of the Producing Person or by order of the 6 Court. For purposes of this Order, any confidential designation shall thereafter 7 be included on all copies of such materials delivered to or maintained by the 8 Receiving Parties, their counsel and experts, as well as all summaries, studies, 9 CISLO & THOMAS LLP Attorneys at Law ATTORNEYS ONLY that are not entitled to such designation. Once Designated 2 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 1 reports, exhibits, illustrations, or other materials or communications of any kind, 10 created by experts, consultants or others, based upon, referring to, revealing, 11 including, or incorporating in any way, in whole or in part, such confidential 12 materials. 13 14 3. Definition of “Document.” “Document,” for purposes of this 15 Order, is defined to be synonymous in meaning and equal in scope to the usage of 16 this term in Fed. R. Civ. P. 34(a). 17 18 4. Manner of Designation of Confidential Material. 19 20 a. Documents. All or any portion of a document may be 21 designated as CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS ONLY. 22 Documents shall be designated as CONFIDENTIAL or CONFIDENTIAL – 23 ATTORNEYS ONLY by affixing the appropriate confidential designation on each 24 such page. Tangible things and other non-paper documents shall be so marked 25 with an appropriate label, marking or notice. 26 27 28 4 1 b. Answers to Interrogatories, Requests for Production and 2 Requests for Admission. With respect to answers to interrogatories, responses to 3 requests for production of documents, and responses to requests for admission, 4 the confidential designation shall be made on the first page of any such set of 5 answers or responses and on each succeeding page that contains information 6 designated as confidential. 7 8 CISLO & THOMAS LLP Attorneys at Law SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 9 c. Deposition Transcripts and Exhibits. With respect to any deposition transcript or exhibit, or any portion thereof, the confidential 10 designation shall be made on the record at the deposition or within 10 days of 11 receipt of the deposition transcript by the Producing Person. If designated at the 12 deposition, the attorneys of record shall instruct the court reporter to mark the 13 cover page, those portions of the original transcripts, and all copies thereof which 14 contain Designated Information with the appropriate legend(s), either 15 “CONFIDENTIAL - Subject to Protective Order” or “CONFIDENTIAL – 16 ATTORNEYS ONLY - Subject to Protective Order.” If designated after the 17 deposition, all parties shall place such legends on the cover page and Designated 18 portions of such transcripts and copies thereof within their possession. 19 20 d. Inadvertent Failure to Designate. In the event that a Producing 21 Person inadvertently fails to designate any material as CONFIDENTIAL or 22 CONFIDENTIAL – ATTORNEYS ONLY in accordance with the foregoing 23 procedures, the Producing Person shall provide supplemental written notice 24 designating the material under the appropriate confidential designation as soon as 25 practicable and provide replacement materials with the appropriate confidential 26 designation. The Receiving Person shall make a good faith effort to treat the 27 originally-produced undesignated material, and all copies thereof, in all respects 28 5 case may be. Disclosure by any party of such matter prior to notice of the 3 confidential nature thereof shall not be deemed a violation of this Order. If 4 CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS ONLY material has 5 previously been disclosed to any person no longer qualified after such 6 designation, the disclosing counsel shall, within 10 days of learning that such 7 person no longer qualifies to receive such information, retrieve all such 8 previously disclosed information and shall advise such formerly qualified persons 9 CISLO & THOMAS LLP Attorneys at Law as either CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS ONLY, as the 2 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 1 of the claim of confidentiality. 10 11 5. Disputes Concerning Propriety of Confidential Designation. Any 12 party may dispute the designation of particular Designated Information as 13 CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS ONLY. If the 14 Receiving Party believes that material which has been designated as 15 CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS ONLY should not be so 16 designated, such party, after first attempting to resolve the dispute informally 17 among counsel, may submit such dispute to the Court, by duly noticed written 18 motion, for resolution. All motions challenging a designation must strictly 19 comply with Local Rules 37-1 and 37-2 (including the Joint Stipulation 20 requirement). Material or information claimed to be CONFIDENTIAL or 21 CONFIDENTIAL – ATTORNEYS ONLY that is subject to a dispute as to the 22 degree of disclosure allowed or as to whether it is in fact confidential material 23 information shall, until further order of the Court, be treated according to its 24 originally designated level of confidentiality in accordance with the provisions of 25 this Order notwithstanding the existence of such dispute. The Producing Party 26 shall bear the burden of proof to support the challenged designation. 27 28 6 1 6. No Use Permitted For Purposes Other Than This Action. 2 Documents or information designated as CONFIDENTIAL or CONFIDENTIAL 3 – ATTORNEYS ONLY under this Order (and their contents or information 4 revealing their contents) shall not be used or disclosed by any party, or person to 5 whom disclosure has been made under this Order: (a) in any action other than this 6 action or any appeals or retrials thereof, (b) for business or competitive purposes, 7 (c) and/or (c) for any purpose whatsoever other than the preparation for, and 8 proceedings relating to, this civil action and any appeals therein. CISLO & THOMAS LLP Attorneys at Law SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 9 10 7. Persons To Whom CONFIDENTIAL Material May Be Disclosed. 11 No one who obtains Designated Information designated CONFIDENTIAL under 12 this Order shall disclose or permit disclosure of such information or document 13 (and any of its contents or any information revealing the contents of such a 14 document) to any other person or entity, except in the following circumstances: 15 16 a. The Receiving Party, Employees and Agents. Disclosure may 17 be made to the Receiving Party and to those employees and agents of the 18 Receiving Party to whom it is necessary that said Designated Information be 19 shown solely for the purposes allowed by paragraph 6. Any employee or agent of 20 the Receiving Party to whom disclosure is made shall be advised of, and become 21 subject to, the provisions and requirements of this Order regarding the treatment of 22 Designated Information. 23 24 b. Attorneys of Record for the Receiving Party. Disclosure may 25 be made to the outside attorneys of record for the Receiving Party, legal and non- 26 legal personnel at their law firms, and copying, litigation support, and translation 27 services associated with or retained by such attorneys for this matter. 28 7 1 2 c. Experts and Consultants. Disclosure may be made to experts in the preparation for, and proceedings concerning, this litigation, and to 5 employees or support staff of such experts or consultants who are involved with 6 assisting the expert or consultant in connection with this action. The Receiving 7 Party may disclose Designated Information to the expert or consultant only after 8 obtaining a signed undertaking from the expert or consultant in the form attached 9 CISLO & THOMAS LLP Attorneys at Law or consultants retained by the Receiving Party or its attorneys of record to assist 4 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 3 as Exhibit A. 10 11 d. Deposition Witnesses. Persons called to testify under oath in 12 the context of a deposition may be shown during their testimony Designated 13 Information but they may not be allowed to retain copies of such documents 14 unless otherwise authorized to do so under this Order. Any deposition witness 15 who is to be shown Designated Information shall be provided with a copy of this 16 Order, informed on the record that he or she is bound by the terms of this Order 17 and is required not to disclose any Designated Information to any other person, 18 and required to sign a copy of the CONFIDENTIALITY AGREEMENT attached 19 hereto as Exhibit A. If a deposition witness refuses to execute the Confidentiality 20 Agreement, then the party seeking to disclose Designated Information to that 21 witness may only do so under the following conditions: (1) the party must show 22 the witness a copy of this Order and ask the witness to read it; (2) the party must 23 inform the witness that documents that will be shown to the witness are 24 confidential and that, under this Order, such documents and testimony or 25 information concerning them may not be disclosed to anyone except as provided 26 herein; and (3) the party must advise the witness that failure to abide by the terms 27 of this Order may result in the imposition of substantial penalties against the 28 8 1 witness. These advisements to a non-signing witness shall be made on the record 2 at a deposition, or a written record of the advisements shall be made by the 3 attorney giving the advice and the written record shall be retained in the same 4 fashion as a written Confidentiality Agreement. This paragraph applies to 5 witnesses at a deposition only. 6 7 e. Disclosure to the Court. Disclosure may be made at any time CISLO & THOMAS LLP Attorneys at Law to the Court or any Judge, clerk, or court employee with responsibility over any 9 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 8 aspect of this civil action; provided, however, that any such disclosure shall 10 comply with Paragraph 9 herein. Disclosure may also be made to court reporters, 11 stenographers and videographers actually recording proceedings in this action. 12 13 8. Persons to whom CONFIDENTIAL – ATTORNEYS ONLY 14 Material May be Disclosed. No one who obtains Designated Information 15 designated CONFIDENTIAL – ATTORNEYS ONLY under this Order shall 16 disclose or permit disclosure of such information or document (and any of its 17 contents or any information revealing the contents of such a document) to any 18 other person or entity, except in the following circumstances: 19 a. Attorneys of Record for the Receiving Party. Disclosure may 20 be made to the outside attorneys of record for the Receiving Party, legal and non- 21 legal personnel at their law firms, and copying, litigation support, and translation 22 services associated with or retained by such attorneys for this matter. 23 b. Experts and Consultants. Disclosure may be made to experts 24 or consultants retained by the Receiving Party or its attorneys of record to assist 25 in the preparation for, and proceedings concerning, this litigation, and to 26 employees or support staff of such experts or consultants who are involved with 27 assisting the expert or consultant in connection with this action. Prior to 28 9 consultants, the Receiving Party shall identify the name of the expert or consultant 3 to the Producing Person in writing and provide a copy of the expert’s or 4 consultant’s most recent curriculum vitae. The Producing Person shall have ten 5 calendar days to object in writing to any such disclosure, providing the reasons 6 for such objection. If the Producing Person objects within that time, then the 7 Receiving Party shall not disclose any CONFIDENTIAL – ATTORNEYS ONLY 8 to such expert or consultant. If the Producing Person does not object in writing 9 CISLO & THOMAS LLP Attorneys at Law disclosing any CONFIDENTIAL – ATTORNEYS ONLY to any such experts or 2 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 1 within such time, then after the expiration of the ten-day waiting period, or after 10 receiving the Producing Person’s written consent, the Receiving Party may 11 disclose CONFIDENTIAL – ATTORNEYS ONLY to the expert or consultant 12 after obtaining a signed undertaking from the expert or consultant in the form 13 attached as Exhibit A. All parties agree to use good faith in considering experts 14 or consultants identified by other parties and only to object if a good faith basis 15 exists to believe that disclosure to the identified expert or consultant would be 16 reasonably likely to cause competitive harm to their business. If an objection is 17 made to any such expert or consultant, the parties may bring the issue to the 18 Court for resolution, and the party objecting to disclosure shall bear the burden of 19 persuasion that disclosure should not be permitted. 20 c. Deposition Witnesses. Persons called to testify under oath in 21 the context of a deposition may be shown during their testimony 22 CONFIDENTIAL – ATTORNEYS ONLY information if said witness was the 23 author, sender, or a recipient of such documents or other materials or can 24 otherwise be demonstrated to have had prior access to or receipt of such 25 documents or materials or the information contained therein. Regardless of 26 designation pursuant to this Stipulated Protective Order, if a document or 27 testimony makes reference to the actual or alleged conduct or statements of a 28 10 or statements with such witness without revealing any portion of the document or 3 testimony other than that which specifically refers to such conduct or statement. 4 Deposition witnesses may not be allowed to retain copies of documents designated 5 CONFIDENTIAL – ATTORNEYS ONLY unless otherwise authorized to do so 6 under this Order. Any deposition witness who is to be shown CONFIDENTIAL 7 – ATTORNEYS ONLY as allowed under this sub-paragraph shall be provided 8 with a copy of this Order, informed on the record that he or she is bound by the 9 CISLO & THOMAS LLP Attorneys at Law person who is a potential witness in this action, counsel may discuss such conduct 2 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 1 terms of this Order and is required not to disclose any Designated Information to 10 any other person, and required to sign a copy of the CONFIDENTIALITY 11 AGREEMENT attached hereto as Exhibit A. If a deposition witness refuses to 12 execute the Confidentiality Agreement, then the party seeking to disclose 13 Designated Information to that witness may only do so under the following 14 conditions: (1) the party must show the witness a copy of this Order and ask the 15 witness to read it; (2) the party must inform the witness that documents that will 16 be shown to the witness are confidential and that, under this Order, such 17 documents and testimony or information concerning them may not be disclosed to 18 anyone except as provided herein; and (3) the party must advise the witness that 19 failure to abide by the terms of this Order may result in the imposition of 20 substantial penalties against the witness. These advisements to a non-signing 21 witness shall be made on the record at a deposition, or a written record of the 22 advisements shall be made by the attorney giving the advice and the written 23 record shall be retained in the same fashion as a written Confidentiality 24 Agreement. This paragraph applies to witnesses at a deposition only. 25 26 27 d. Disclosure to the Court. Disclosure may be made at any time to the Court or any Judge, clerk, or court employee with responsibility over any 28 11 1 aspect of this civil action; provided, however, that any such disclosure shall 2 comply with Paragraph 9 herein. Disclosure may also be made to court reporters, 3 stenographers and videographers actually recording proceedings in this action. 4 5 9. Filing Designated Information with the Court. In accordance with and/or documents that have been designated as “Confidential” or “Confidential-- 8 Attorney’s Only” the proposed filing shall be accompanied by an application to 9 CISLO & THOMAS LLP Attorneys at Law Local Rule 79-5.1, if any papers to be filed with the Court contain information 7 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 6 file the papers or the portion thereof containing the designated information for 10 documents (if such portion is segregable) under seal; and the application shall be 11 directed to the judge to whom the papers are directed. For motions, the parties 12 shall publicly file a redacted version of the motion and supporting papers. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 1 10. No Waiver Or Admission. The designation of any document, request to produce, response to request for admission or information as 4 CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS ONLY is intended 5 solely to facilitate preparation for trial, and treatment in conformity with such 6 designation will not be construed in any way as an admission or agreement that 7 the designated document or information contains any trade secret or confidential 8 information. Furthermore, the entry of this Order shall not be construed as a 9 CISLO & THOMAS LLP Attorneys at Law deposition exhibit, deposition transcript, answer to interrogatory, response to 3 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 2 waiver of any right to object on other grounds to the furnishing of Designated 10 Information in response to discovery and, except as expressly provided, shall not 11 relieve any party of the obligation of producing information in the course of 12 discovery. 13 14 11. Notification Upon Improper Disclosure. If any Designated 15 Information is disclosed to any person other than in the manner authorized by this 16 Order, the party responsible for the disclosure shall, upon discovery of the 17 disclosure, immediately inform the Producing Person whose information has been 18 disclosed of all facts pertinent thereto which, after due diligence and prompt 19 investigation, are known to the party responsible for the disclosure, including the 20 name, address and employer of the person to whom the disclosure was made, and 21 shall make reasonable efforts to retrieve such information and to prevent 22 disclosure by each unauthorized person who receives such information. 23 24 12. Duties in Responding to Third Party Requests for Disclosure of 25 Designated Information. Should any Receiving Party, during the pendency of this 26 action (including any appeals or retrials thereof) or thereafter receive a request 27 from any third party for disclosure of Designated Information received from a 28 13 1 Producing Person under this Order, whether by subpoena or otherwise, before 2 making such disclosure such Receiving Party shall first notify the Producing 3 Person, in writing, of such request to provide an opportunity for the Producing 4 Person to object to such disclosure. However, nothing in this order is intended to 5 be construed as authorizing a party to disobey a lawful subpoena issued in another 6 action. 7 8 CISLO & THOMAS LLP Attorneys at Law SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 9 13. Disposition Of Designated Information Upon Final Determination Of This Action. Within sixty (60) days following the final determination of this 10 action, including any appeals or retrial, all attorneys of record and every person 11 to whom Designated Information has been disclosed shall either return to outside 12 counsel for the Producing Person all such material, including all copies thereof, 13 with the exception of attorney work-product, or destroy such material and certify 14 in writing said destruction. Notwithstanding anything contained herein to the 15 contrary, counsel of record shall be permitted to retain copies of all court filings, 16 transcripts, exhibits and work product containing or reflecting confidential 17 materials; provided, however, that they shall treat such materials accordingly to 18 their original confidential designations. 19 20 14. No Restriction On Producing Person’s Use Of Confidential 21 Materials. Notwithstanding any other provision of this Order, the Producing 22 Person that has designated material as CONFIDENTIAL or CONFIDENTIAL – 23 ATTORNEYS ONLY does not thereby lose the right to use or disclose its own 24 documents or information in the manner of its own choosing. 25 26 27 15. No Restriction on Receiving Party’s Use of Materials in Its Possession Before Commencement of This Action. Notwithstanding any other 28 14 1 provision of this Order, the Receiving Party who receives documents or 2 information designated as CONFIDENTIAL or CONFIDENTIAL – 3 ATTORNEYS ONLY by the Producing Person does not lose the right to use or 4 disclose documents or information in its possession before this civil action was 5 commenced or documents or information received during this civil action and not 6 designated confidential in accordance with this Order which contain information 7 also contained in documents subsequently received with a confidential 8 designation. CISLO & THOMAS LLP Attorneys at Law SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 9 10 16. No Limitation On Scope Of Discovery Or Use Of Nonconfidential 11 Information. This Order shall not expand or limit the rights of any party to 12 demand additional information during the course of discovery on any grounds. 13 This Order shall not inhibit the dissemination or use of any Designated 14 Information if that information has been or is obtained by the Receiving Party 15 from: (a) sources which are or, through no act or failure to act by the Receiving 16 Party, become public, and/or (b) sources other than the Producing Person under 17 circumstances that place no restriction on the use or disclosure of the information 18 by the Receiving Party. Nothing in this Order or in any party’s compliance with 19 its provisions shall be construed to preclude a party from seeking and obtaining 20 Designated Information or other information either informally or by discovery 21 request or other judicial process in this civil action. 22 23 17. No Limitation On Receipt By Authors/Those Who Have Previously 24 Received Document. Nothing in this order shall limit the ability of a Receiving 25 Party to show documents (or information contained therein), regardless of 26 designation, to persons who on the face of such document are shown to have 27 authored or received it in the past. 28 15 1 2 18. Inadvertent Production of Privileged Material. If a party 3 inadvertently produces material that it considers to be protected by the attorney- 4 client privilege, the work product doctrine or any other privileges or doctrines of 5 similar effect, in whole or in part, or learns of the production of such material by 6 a third party, the party may retrieve such information as follows: 7 a. Within five (5) court days of the date of discovery by a party CISLO & THOMAS LLP Attorneys at Law of the inadvertent production by it or a third party, the party asserting that an 9 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 8 inadvertent production has occurred must give written notice to all other parties 10 that the party claims the material, in whole or in part, is privileged or protected 11 material; in addition, the notice must state the nature of the privilege or protection 12 and the basis for asserting it. 13 b. Upon receipt of such notice, any party who has received the 14 subject documents or material shall promptly return all copies to the party 15 asserting inadvertent production. In the event that only a part of a document is 16 claimed to be privileged or protected, the party asserting inadvertent production 17 shall furnish to the other parties who have received the document a redacted copy 18 of such document, removing only the part(s) thereof claimed to be privileged or 19 protected, together with such written notice. 20 c. Any party who has received the subject documents or material 21 may contest the claim of privilege or inadvertence by filing a motion contesting 22 the claim within ten (10) court days of receiving the notice under subparagraph (a) 23 above. Any such motion must strictly comply with the provisions of Local Rules 24 37-1 and 37-2 (including the Joint Stipulation requirement). During the pendency 25 of such motion, the receiving party need not return all copies of the produced 26 documents or material to the party asserting inadvertent production; however, the 27 28 16 1 receiving party may not use or disclose the material for any purpose other than 2 prosecution of the motion challenging the privilege or protection claim. 3 d. The provisions of the above subparagraphs are without 4 prejudice to any other rights that any party may have with respect to challenging 5 or defending any claim of privilege. 6 7 19. Modification of Order. Each party retains the right to seek CISLO & THOMAS LLP Attorneys at Law modification of this Order upon written motion to the Court, either with or 9 SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 8 without consent of the other side. 10 11 12 Dated: August 1, 2011 AGREED AND STIPULATED TO: 13 14 15 CISLO & THOMAS LLP ONE, LLP 16 17 ____/s/Dave Sandelands 18 David. B. Sandelands, Esq. Daniel M. Cislo, Esq. 19 20 Attorneys for Plaintiff US Energy Technologies, Inc. (dba US Lighting 21 Tech, Inc. 22 23 24 27 Attorneys for Defendant Deco Lighting, Inc. IT IS SO ORDERED. 25 Dated: August 8, 2011 26 /s/Marc Williams Nathaniel L. Dilger, Esq. Marc S. Williams, Esq. John Tehranian, Esq. _________________________________ Honorable Robert. N. Block United States Magistrate Judge 28 17 1 EXHIBIT A 2 CONFIDENTIALITY AGREEMENT 3 4 5 I have reviewed the Stipulated Protective Order, dated ______, 2011 (the 6 “Protective Order”) in the matter entitled US Energy Technologies, Inc. (dba US 7 Lighting Tech) v. Deco Lighting, Inc.. I understand that pursuant to the 8 CISLO & THOMAS LLP Attorneys at Law SUITE 500 1333 Second Street SANTA MONICA, CALIFORNIA 90401 Telephone: (310) 451-0647 Facsimile: (310) 394-4477 9 Protective Order, information disclosed in this matter through discovery shall be 10 held confidential pursuant to the terms of the Protective Order. I hereby agree to 11 12 13 14 15 16 17 18 maintain the confidentiality of all such confidential information in accordance with the terms of the Protective Order. I further understand that failure to abide by the terms of this Protective Order may result in the imposition of substantial penalties. Dated ________________________________. 19 20 Signature: ______________________ 21 22 23 24 25 26 Printed Name: ___________________ Printed Address: _________________ _________________ _________________ 27 28 18

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