Interpols Network Incorporated v. Aura Interactive Inc et al

Filing 29

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P Rosenbluth. (See Order for details.) (wr)

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Anthony J. Dain (Bar No. 98947)
[e-mail]
Victor M. Felix (Bar No. 179622)
[e-mail]
Megan E. McCarthy (Bar No. 220081)
[e-mail]

Joseph R. Re (No. 134479)
[e-mail]
Marko R. Zoretic (No. 233952)
[e-mail]

PROCOPIO, CORY, HARGREAVES
& SAVITCH LLP
525 B Street, Suite 2200
San Diego, California 92101-4469
Telephone: [phone]
Facsimile: 619.235.0398

KNOBBE, MARTENS, OLSON
& BEAR, LLP
2040 Main Street
Fourteenth Floor
Irvine, CA 92614
Telephone: [phone]
Facsimile: 949.760-9052

Attorneys for
Plaintiff/Counterdefendant,
INTERPOLS NETWORK
INCORPORATED

Attorneys for
Defendant/Counterclaimant
AURA INTERACTIVE, INC. (d/b/a/
The Aura Group)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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INTERPOLS NETWORK
INCORPORATED, a California
corporation,

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Plaintiff/Counterdefendant,

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AURA INTERACTIVE, INC., a
California corporation, and THE AURA
GROUP,

STIPULATED PROTECTIVE
ORDER

v.

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Case No. CV 8:12-832-JVS(JPRx)

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Magistrate Judge:
Hon. Jean P. Rosenbluth

Defendants/Counterclaimants.

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production

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of confidential, proprietary, or private information for which special protection from
STIPULATED PROTECTIVE ORDER
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public disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the Parties hereby stipulate to and petition the court

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to enter the following Stipulated Protective Order. The Parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to discovery

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and that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the

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applicable legal principles. The Parties further acknowledge, as set forth in Section

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12.3, below, that this Stipulated Protective Order does not entitle them to file

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confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

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that must be followed and the standards that will be applied when a party seeks

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permission from the court to file material under seal.

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2.

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DEFINITIONS
2.1

"Challenging Party" shall mean a Party or Non-Party that challenges the

designation of information or items under this Order.
2.2

"CONFIDENTIAL" Information or Items shall mean information

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(regardless of how it is generated, stored or maintained) or tangible things that qualify

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for protection under Federal Rule of Civil Procedure 26(c).

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2.3

"Designating Party" shall mean a Party or Non-Party that designates

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information or items that it produces in disclosures or in responses to discovery as

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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES ONLY."

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2.4

"Disclosure or Discovery Material" shall mean all items or information,

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regardless of the medium or manner in which it is generated, stored, or maintained

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(including, among other things, testimony, transcripts, and tangible things), that are

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produced or generated in disclosures or responses to discovery in this matter.

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2.5

"Expert" shall mean a person with specialized knowledge or experience

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in a matter pertinent to the litigation who (1) has been retained by a Party or its

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counsel to serve as an expert witness or as a consultant in this action, (2) is not a past

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or current employee of a Party or of a Party's competitor, and (3) at the time of
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retention, is not anticipated to become an employee of a Party or of a Party's

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competitor.
2.6

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"HIGHLY

CONFIDENTIAL–ATTORNEYS'

EYES

ONLY"

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Information or Items shall mean extremely sensitive "Confidential Information or

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Items," disclosure of which to another Party or Non-Party would create a substantial

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risk of serious harm that could not be avoided by less restrictive means.
2.7

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"In-House Counsel" shall mean attorneys who are employees of a party

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to this action. In-House Counsel does not include Outside Counsel of Record or any

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other outside counsel.
2.8

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"Non-Party" shall mean any natural person, partnership, corporation,

association, or other legal entity not named as a Party to this action.
2.9

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"Outside Counsel of Record" shall mean attorneys who are not

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employees of a party to this action but are retained to represent or advise a party to

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this action and have appeared in this action on behalf of that party or are affiliated

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with a law firm which has appeared on behalf of that party.

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2.10 "Party" shall mean any party to this action, including all of its officers,

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directors, employees, consultants, retained experts, and Outside Counsel of Record

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(and their support staffs).
2.11 "Producing Party" shall mean a Party or Non-Party that produces

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Disclosure or Discovery Material in this action.

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2.12 "Professional Vendors" shall mean persons or entities that provide

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litigation support services (e.g., photocopying, videotaping, translating, preparing

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exhibits or demonstrations, and organizing, storing, or retrieving data in any form or

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medium) and their employees and subcontractors.
2.13 "Protected Material" shall mean any Disclosure or Discovery Material

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that

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CONFIDENTIAL–ATTORNEYS' EYES ONLY."

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is

designated

as

"CONFIDENTIAL,"

or

as

"HIGHLY

2.14 "Receiving Party" shall mean a Party that receives Disclosure or
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Discovery Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or extracted

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from Protected Material; (2) all copies, excerpts, summaries, or compilations of

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Protected Material; and (3) any deposition testimony, conversations, or presentations

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by Parties or their Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover

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the following information: (a) any information that is in the public domain at the time

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of disclosure to a Receiving Party or becomes part of the public domain after its

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disclosure to a Receiving Party as a result of publication not involving a violation of

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this Order, including becoming part of the public record through trial or otherwise;

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and (b) any information known to the Receiving Party prior to the disclosure or

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obtained by the Receiving Party after the disclosure from a source who obtained the

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information lawfully and under no obligation of confidentiality to the Designating

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Party. Any use of Protected Material at trial or any Court hearing shall be governed

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by a separate agreement or order.

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4.

DURATION
5.

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Even after final disposition of this litigation, the confidentiality

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obligations imposed by this Order shall remain in effect until a Designating Party

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agrees otherwise in writing or a court order otherwise directs. Final disposition shall

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be deemed to be the later of (1) dismissal of all claims and defenses in this action, with

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or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

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including the time limits for filing any motions or applications for extension of time

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pursuant to applicable law.

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6.

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DESIGNATING PROTECTED MATERIAL
6.1

Exercise of Restraint and Care in Designating Material for Protection.
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6.2

Each Party or Non-Party that designates information or items for

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protection under this Order must take care to limit any such designation to specific

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material that qualifies under the appropriate standards. To the extent it is practical to

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do so, the Designating Party must designate for protection only those parts of material,

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documents, items, or oral or written communications that qualify – so that other

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portions of the material, documents, items, or communications for which protection

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is not warranted are not swept unjustifiably within the ambit of this Order. Mass,

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indiscriminate, or routinized designations are prohibited. Designations that are shown

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to be clearly unjustified or that have been made for an improper purpose (e.g., to

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unnecessarily encumber or retard the case development process or to impose

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unnecessary expenses and burdens on other parties) expose the Designating Party to

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sanctions.

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6.3

If it comes to a Designating Party's attention that information or items

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that it designated for protection do not qualify for protection at all or do not qualify

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for the level of protection initially asserted, that Designating Party must promptly

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notify all other parties that it is withdrawing the mistaken designation.

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6.4

Except as otherwise provided in this Order (see, e.g., second paragraph

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of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or

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Discovery Material that qualifies for protection under this Order must be clearly so

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designated before the material is disclosed or produced. Designation in conformity

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with this Order requires:

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(a)

for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix the legend "CONFIDENTIAL" or

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"HIGHLY CONFIDENTIAL–ATTORNEYS' EYES ONLY" to each page that

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contains protected material. If portions of an integrated, multi-page document,

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including a response to a discovery request, qualifies for protection, then the

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Producing Party shall affix the legend "CONFIDENTIAL" or "HIGHLY
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CONFIDENTIAL–ATTORNEYS' EYES ONLY" on the first page of the document

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and then on each page of the Document that qualifies for protection. If only a portion

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or portions of the material on a page qualifies for protection, the Producing Party also

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must clearly identify the protected portion(s) (e.g., by making appropriate markings

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in the margins) and must specify, for each portion, the level of protection being

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asserted.
(b)

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A Party or Non-Party that makes original documents or materials

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available for inspection need not designate them for protection until after the

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inspecting Party has indicated which material it would like copied and produced.

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During the inspection and before the designation, all of the material made available

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for inspection shall be deemed "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES

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ONLY." After the inspecting Party has identified the documents it wants copied and

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produced, the Producing Party must determine which documents, or portions thereof,

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qualify for protection under this Order. Then, before producing the specified

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documents,

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("CONFIDENTIAL," or "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES

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ONLY") to each page that contains Protected Material. If only a portion or portions

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of the material on a page qualifies for protection, the Producing Party also must

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clearly identify the protected portion(s) (e.g., by making appropriate markings in the

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margins) and must specify, for each portion, the level of protection being asserted.

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the

(c)

Producing

Party

must

affix

the

appropriate

legend

for testimony given in deposition, the Designating Party shall

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identify on the record, before the close of the deposition, all protected testimony and

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specify the level of protection being asserted. When it is impractical to identify

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separately each portion of testimony that is entitled to protection and it appears that

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substantial portions of the testimony may qualify for protection, the Designating Party

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may invoke on the record (before the deposition is concluded) a right to have up to

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twenty-one (21) days to identify the specific portions of the testimony as to which

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protection is sought and to specify the level of protection being asserted. Only those
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portions of the testimony that are appropriately designated for protection within the

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twenty-one (21) days shall be covered by the provisions of this Stipulated Protective

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Order. Alternatively, a Designating Party may specify, at the deposition or up to

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twenty-one (21) days afterwards if that period is properly invoked, that the entire

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transcript

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CONFIDENTIAL–ATTORNEYS' EYES ONLY."

shall

(d)

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be

treated

as

"CONFIDENTIAL"

or

"HIGHLY

Parties shall give the other parties notice if they reasonably expect

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a deposition to include Protected Material so that the other parties can ensure that only

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authorized individuals who have signed the "Acknowledgment and Agreement to Be

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Bound" (Exhibit A) are present at those proceedings. The use of a document as an

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exhibit at a deposition shall not in any way affect its designation as

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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES

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ONLY."

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Transcripts containing Protected Material shall have an obvious legend on the

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title page that the transcript contains Protected Material, and the title page shall be

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followed by a list of all pages (including line numbers as appropriate) that have been

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designated as Protected Material and the level of protection being asserted by the

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Designating Party. The Designating Party shall inform the court reporter of these

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requirements. Any transcript that is prepared before the expiration of a 21-day period

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for designation shall be treated during that period as if it had been designated

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"HIGHLY CONFIDENTIAL–ATTORNEYS' EYES ONLY" in its entirety unless

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otherwise agreed. After the expiration of that period, the transcript shall be treated

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only as actually designated.

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(e)

for information produced in some form other than documentary and for

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any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information or item is stored the

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legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL– ATTORNEYS' EYES

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ONLY". If only a portion or portions of the information or item warrant protection,
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the Producing Party, to the extent practicable, shall identify the protected portion(s)

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and specify the level of protection being asserted.

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6.5

Inadvertent Failures to Designate.

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6.6

If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating Party's right to

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secure protection under this Order for such material. Upon timely correction of a

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designation, the Receiving Party must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order.

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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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7.1

Timing of Challenges.

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7.2

Any Party or Non-Party may challenge a designation of confidentiality

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at any time. Unless a prompt challenge to a Designating Party's confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary

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economic burdens, or a significant disruption or delay of the litigation, a Party does

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not waive its right to challenge a confidentiality designation by electing not to mount

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a challenge promptly after the original designation is disclosed.

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7.3

Meet and Confer.

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7.4

The Challenging Party shall initiate the dispute resolution process by

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providing written notice of each designation it is challenging and describing the basis

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for each challenge. To avoid ambiguity as to whether a challenge has been made, the

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written notice must recite that the challenge to confidentiality is being made in

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accordance with this specific paragraph of the Protective Order. The Parties shall

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attempt to resolve each challenge in good faith and must begin the process by

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conferring directly (in voice to voice dialogue; other forms of communication are not

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sufficient) within ten (10) days of the date of service of notice. In conferring, the

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Challenging Party must explain the basis for its belief that the confidentiality

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designation was not proper and must give the Designating Party an opportunity to

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review the designated material, to reconsider the circumstances, and, if no change in
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designation is offered, to explain the basis for the chosen designation. The Parties

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shall comply with the requirements set forth in Local Rule 37-1 before seeking

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judicial intervention. A Challenging Party may proceed to the next stage of the

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challenge process only if it has engaged in this meet and confer process first or

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establishes that the Designating Party is unwilling to participate in the meet and confer

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process in a timely manner.

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7.5

Judicial Intervention.

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7.6

Prior to seeking judicial intervention, the Parties shall comply with Local

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Rule 37-1. If the Parties cannot resolve a challenge without court intervention, the

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Parties shall comply with Local Rule 37-2 and draft a joint stipulation pursuant to

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Local Rule 37-2.1.

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confidentiality designation at any time if there is good cause for doing so, including

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a challenge to the designation of a deposition transcript or any portions thereof. Any

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motion brought pursuant to this provision must be accompanied by a competent

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declaration affirming that the movant has complied with the meet and confer

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requirements imposed by Local Rule 37. The burden of persuasion in any such

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challenge proceeding shall be on the Designating Party. Frivolous challenges and

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those made for an improper purpose (e.g., to harass or impose unnecessary expenses

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and burdens on other parties) may expose the Challenging Party to sanctions. All

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Parties shall continue to afford the material in question the level of protection to which

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it is entitled under the Producing Party's designation until the Court rules on the

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challenge.

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8.

The Challenging Party may file a motion challenging a

ACCESS TO AND USE OF PROTECTED MATERIAL

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8.1

Basic Principles.

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8.2

A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with this case only for

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prosecuting, defending, or attempting to settle this litigation. Such Protected Material

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may be disclosed only to the categories of persons and under the conditions described
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in this Order. When the litigation has been terminated, a Receiving Party must

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comply with the provisions of section 14 below (FINAL DISPOSITION). Protected

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Material must be stored and maintained by a Receiving Party at a location and in a

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secure manner that ensures that access is limited to the persons authorized under this

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Order.

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8.3

Disclosure of "CONFIDENTIAL" Information or Items.

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8.4

Unless otherwise ordered by court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item designated

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"CONFIDENTIAL" only to:

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(a)

the Receiving Party's Outside Counsel of Record in this action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this litigation;
(b)

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the officers, directors, and employees (including In-House

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Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

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litigation and who have signed the "Acknowledgment and Agreement to Be Bound"

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(Exhibit A);

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(c)

Experts (as defined in this Order) of the Receiving Party to whom

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disclosure is reasonably necessary for this litigation and who have signed the

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"Acknowledgment and Agreement to Be Bound" (Exhibit A);

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(d)

dispute resolution proceedings related to this litigation;

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any neutral retained by the Parties in connection with alternative

(e)

any court or other shorthand reports or typist recording or

transcribing testimony and its personnel;

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(f)

jury consultants, mock jurors, focus group members and the like

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and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit

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A);

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(g)

Professional Vendors to whom disclosure is reasonably necessary

for this litigation;
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(h)

or a custodian or other person who otherwise possessed or knew the information.
8.5

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the author or recipient of a document containing the information

Disclosure of "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES

ONLY" Information or Items.
8.6

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Unless otherwise ordered by the court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item designated

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of "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES ONLY" only to:
(a)

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the Receiving Party's Outside Counsel of Record in this action, as

well as employees of said Outside Counsel of Record to whom it is reasonably
necessary to disclose the information for this litigation;
(b)

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Experts of the Receiving Party (1) to whom disclosure is

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reasonably necessary for this litigation, (2) who have signed the "Acknowledgment

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and Agreement to Be Bound" (Exhibit A), and (3) as to whom the procedures set forth

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in paragraph 7.4, below, have been followed;
(c)

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dispute resolution proceedings related to this litigation;
(d)

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any neutral retained by the Parties in connection with alternative

any court or other shorthand reports or typist recording or

transcribing testimony and its personnel;
(e)

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jury consultants, mock jurors, focus group members and the like

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and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit

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A);
(f)

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for this litigation;

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Professional Vendors to whom disclosure is reasonably necessary

(g)

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information.
8.7

Procedures for Approving or Objecting to Disclosure of "HIGHLY

CONFIDENTIAL–ATTORNEYS' EYES ONLY" information under this provision.
(a)

Unless otherwise ordered by the Court or agreed to in writing by
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the Designating Party, a Party that seeks to disclose to an Expert (as defined in this

2

Order) any information or item that has been designated of "HIGHLY

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CONFIDENTIAL–ATTORNEYS' EYES ONLY" pursuant to paragraph 7.3(b) first

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must make a written request to the Designating Party that (1) identifies the general

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categories of "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES ONLY"

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information that the Receiving Party seeks permission to disclose to the Expert, (2)

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sets forth the full name of the Expert and the city and state of his or her primary

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residence, (3) attaches a copy of the Expert's current resume, (4) identifies the Expert's

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current employer(s), (5) identifies each person or entity from whom the Expert has

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received compensation or funding for work in his or her areas of expertise or to whom

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the expert has provided professional services, including in connection with a

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litigation, at any time during the preceding three (3) years, and (6) identifies (by name

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and number of the case, filing date, and location of court) any litigation in connection

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with which the Expert has offered expert testimony, including through a declaration,

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report, or testimony at a deposition or trial, during the preceding three (3) years. Such

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written request shall be accompanied by an executed "Acknowledgment and

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Agreement to Be Bound" (Exhibit A). Counsel shall provide the counsel for the

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opposing Party with a copy of other executed "Acknowledgment[s] and Agreement[s]

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to Be Bound" (Exhibit A) by persons authorized under paragraph 7.2(b) within seven

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(7) days after the acknowledgement and agreement to be bound has been executed.

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(b)

A Party that makes a request and provides the information

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specified in the preceding respective paragraphs may disclose the subject Protected

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Material to the identified Expert unless, within fourteen (14) days of delivering the

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request, the Party receives a written objection from the Designating Party. Any such

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objection must set forth in detail the grounds on which it is based.

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(c)

A Party that receives a timely written objection must meet and

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confer with the Designating Party (through direct voice to voice dialogue) to try to

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resolve the matter by agreement within ten (10) days of the written objection. The
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Parties shall meet and confer pursuant to Local Rule 37-1. If the Parties cannot

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resolve the objection without court intervention, the Parties shall comply with Local

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Rule 37-2 and draft a joint stipulation pursuant to Local Rule 37-2. Any such motion

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filed must describe the circumstances with specificity, set forth in detail the reasons

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why the disclosure to the Expert is reasonably necessary, assess the risk of harm that

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the disclosure would entail, and suggest any additional means that could be used to

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reduce that risk. In addition, any such motion must be accompanied by a competent

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declaration describing the Parties' efforts to resolve the matter by agreement (i.e., the

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extent and the content of the meet and confer discussions) and setting forth the reasons

10

advanced by the Designating Party for its refusal to approve the disclosure. In any

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such proceeding, the Party opposing disclosure to the Expert shall bear the burden of

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proving that the risk of harm that the disclosure would entail (under the safeguards

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proposed) outweighs the Receiving Party's need to disclose the Protected Material to

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its Expert.

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9.

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IN OTHER LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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If a Party is served with a subpoena or a court order issued in other litigation

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that compels disclosure of any information or items designated in this action as

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"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES ONLY"

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that Party must:

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9.1

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promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or Court order;
9.2

promptly notify in writing the party who caused the subpoena or order

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to issue in the other litigation that some or all of the material covered by the subpoena

25

or order is subject to this Protective Order. Such notification shall include a copy of

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this Protective Order; and

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9.3

cooperate with respect to all reasonable procedures sought to be pursued

by the Designating Party whose Protected Material may be affected.
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If the Designating Party timely seeks a protective order, the Party served with

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the subpoena or court order shall not produce any information designated in this

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action as "CONFIDENTIAL," or "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES

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ONLY" before a determination by the court from which the subpoena or order issued,

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unless the Party has obtained the Designating Party's permission. The Designating

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Party shall bear the burden and expense of seeking protection in that court of its

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confidential material – and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this action to disobey a lawful

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directive from another court.

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10.

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PRODUCED IN THIS LITIGATION

NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE

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10.1 The terms of this Order are applicable to information produced by a

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Non-Party in this action and designated as "CONFIDENTIAL," or "HIGHLY

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CONFIDENTIAL–ATTORNEYS' EYES ONLY". Such information produced by

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Non-Parties in connection with this litigation is protected by the remedies and relief

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provided by this Order.

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prohibiting a Non-Party from seeking additional protections.

Nothing in these provisions should be construed as

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10.2 In the event that a Party is required, by a valid discovery request, to

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produce a Non- Party's confidential information in its possession and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party's

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confidential information, then the Party shall:

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(a)

promptly notify in writing the Requesting Party and the Non-Party

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that some or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;

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(b)

promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this litigation, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and

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(c)

make the information requested available for inspection by the
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STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

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Non-Party.

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10.3 If the Non-Party fails to object or seek a protective order from this court

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within fourteen (14) days of receiving the notice and accompanying information, the

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Receiving Party may produce the Non-Party's confidential information responsive to

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the discovery request. If the Non-Party timely seeks a protective order, the Receiving

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Party shall not produce any information in its possession or control that is subject to

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the confidentiality agreement with the Non-Party before a determination by the court.

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Absent a court order to the contrary, the Non-Party shall bear the burden and expense

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of seeking protection in this court of its Protected Material.

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11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the "Acknowledgment and

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Agreement to Be Bound" that is attached hereto as Exhibit A.

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12.

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PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other protection,

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

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may be established in an e-discovery order that provides for production without prior

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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Parties reach an agreement on the effect of disclosure of a communication or

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information covered by the attorney-client privilege or work product protection, the
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STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

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Parties may incorporate their agreement in the stipulated protective order submitted

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to the court. Any agreement, amendment or modification to this Protective Order

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agreed to by the Parties will not have the force or effect of a Court order unless

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approved by the Court.

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13.

MISCELLANEOUS

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13.1 Right to Further Relief.

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13.2 Nothing in this Order abridges the right of any person to seek its

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modification by the court in the future.
13.3 Right to Assert Other Objections.

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13.4 By stipulating to the entry of this Protective Order no Party waives any

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right it otherwise would have to object to disclosing or producing any information or

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item on any ground not addressed in this Stipulated Protective Order. Similarly, no

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Party waives any right to object on any ground to use in evidence of any of the

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material covered by this Protective Order.

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13.5 Filing Protected Material.

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13.6 Without written permission from the Designating Party or a court order

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secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material. A Party that seeks to file under

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seal any Protected Material must comply with Civil Local Rule 79-5.

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13.7 12.4 Nothing in this Protective Order shall bar or otherwise restrict

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counsel from rendering advice to his or her client with respect to this action and, in

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the course thereof, relying in a general way upon his or her examination of Protected

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Material produced or exchanged in this action; provided, however, that in rendering

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such advice and in otherwise communicating with his or her client, the attorney shall

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not disclose the contents of Protected Information produced by any other party or

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non-party.

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14.

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FINAL DISPOSITION
Within sixty (60) days after the final disposition of this action, as defined in
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STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

Section 4, each Receiving Party must return all Protected Material to the Producing

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Party or destroy such material. As used in this subdivision, "all Protected Material"

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includes all copies, abstracts, compilations, summaries, and any other format

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reproducing or capturing any of the Protected Material. Whether the Protected

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Material is returned or destroyed, the Receiving Party must submit a written

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certification to the Producing Party (and, if not the same person or entity, to the

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Designating Party) by the 60-day deadline that (1) identifies (by category, where

8

appropriate) all the Protected Material that was returned or destroyed and (2) affirms

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that the Receiving Party has not retained any copies, abstracts, compilations,

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summaries or any other format reproducing or capturing any of the Protected Material.

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Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work product,

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and consultant and expert work product, even if such materials contain Protected

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Material. Any such archival copies that contain or constitute Protected Material

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remain subject to this Protective Order as set forth in Section 4.

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SO ORDERED.

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Dated: November 14, 2012

_______________________________

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Hon. Jean P. Rosenbluth

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United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

Respectfully submitted,

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Date: November 12, 2012

Date: November 12, 2012

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By: /s/Victor M. Felix

By: /s/Marko R. Zoretic

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Anthony J. Dain (Bar No. 98947)
[e-mail]
Victor M. Felix (Bar No. 179622)
[e-mail]
Megan E. McCarthy (Bar No. 220081)
[e-mail]

Joseph R. Re (No. 134479)
[e-mail]
Marko R. Zoretic (No. 233952)
[e-mail]

PROCOPIO, CORY, HARGREAVES
& SAVITCH LLP
525 B Street, Suite 2200
San Diego, California 92101-4469
Telephone: [phone]
Facsimile: 619.235.0398

KNOBBE, MARTENS, OLSON
& BEAR, LLP
2040 Main Street
Fourteenth Floor
Irvine, CA 92614
Telephone: [phone]
Facsimile: 949.760-9052

Attorneys for
Plaintiff/Counterdefendant,
INTERPOLS NETWORK
INCORPORATED

Attorneys for
Defendant/Counterclaimant
AURA INTERACTIVE, INC. (d/b/a/
The Aura Group)

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STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)