Interpols Network Incorporated v. Aura Interactive Inc et al

Filing 30

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

1
2
3
4
5
6
7
8

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)

9
10
11
12
13
14

UNITED STATES DISTRICT COURT

15

FOR THE CENTRAL DISTRICT OF CALIFORNIA

16

SOUTHERN DIVISION

17
18

INTERPOLS NETWORK
INCORPORATED, a California corporation,

19

Plaintiff/Counterdefendant,

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

20
21
22
23
24

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

Magistrate Judge:
Hon. Jean P. Rosenbluth

Defendants/Counterclaimants.

25
26
27
28

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

1

1.

PURPOSES AND LIMITATIONS

2

Disclosure and discovery activity in this action are likely to involve

3

production of confidential, proprietary, or private information for which special

4

protection from public disclosure and from use for any purpose other than

5

prosecuting this litigation may be warranted.

6

stipulate to and petition the court to enter the following Stipulated Protective Order.

7

The Parties acknowledge that this Order does not confer blanket protections on all

8

disclosures or responses to discovery and that the protection it affords from public

9

disclosure and use extends only to the limited information or items that are entitled

10

to confidential treatment under the applicable legal principles. The Parties further

11

acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective

12

Order does not entitle them to file confidential information under seal; Civil Local

13

Rule 79-5 sets forth the procedures that must be followed and the standards that

14

will be applied when a party seeks permission from the court to file material under

15

seal.

16

2.

17
18
19

Accordingly, the Parties hereby

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

20

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

21

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

22

2.3

“Designating Party” shall mean a Party or Non-Party that designates

23

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

24

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES

25

ONLY.”

26

2.4

“Disclosure or Discovery Material” shall mean all items or

27

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

28

maintained (including, among other things, testimony, transcripts, and tangible
1
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

things), that are produced or generated in disclosures or responses to discovery in

2

this matter.

3

2.5

“Expert” shall mean a person with specialized knowledge or

4

experience in a matter pertinent to the litigation who (1) has been retained by a

5

Party or its counsel to serve as an expert witness or as a consultant in this action,

6

(2) is not a past or current employee of a Party or of a Party’s competitor, and (3) at

7

the time of retention, is not anticipated to become an employee of a Party or of a

8

Party’s competitor.

9

2.6

“HIGHLY

CONFIDENTIAL–ATTORNEYS’

EYES

ONLY”

10

Information or Items shall mean extremely sensitive “Confidential Information or

11

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

12

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

13

2.7

“In-House Counsel” shall mean attorneys who are employees of a

14

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

15

or any other outside counsel.

16
17
18

2.8

“Non-Party” shall mean any natural person, partnership, corporation,

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

“Outside Counsel of Record” shall mean attorneys who are not

19

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

20

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

21

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

22

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

23

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

24

(and their support staffs).

25
26

2.11 “Producing Party” shall mean a Party or Non-Party that produces
Disclosure or Discovery Material in this action.

27

2.12 “Professional Vendors” shall mean persons or entities that provide

28

litigation support services (e.g., photocopying, videotaping, translating, preparing
2
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

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

2

or medium) and their employees and subcontractors.

3

2.13 “Protected Material” shall mean any Disclosure or Discovery Material

4

that is designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL–

5

ATTORNEYS’ EYES ONLY.”

6

2.14 “Receiving Party” shall mean a Party that receives Disclosure or

7

Discovery Material from a Producing Party.

8

3.

SCOPE

9

The protections conferred by this Stipulation and Order cover not only

10

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

11

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

12

compilations of Protected Material; and (3) any deposition testimony,

13

conversations, or presentations by Parties or their Counsel that might reveal

14

Protected Material.

15

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

16

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

17

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

18

after its disclosure to a Receiving Party as a result of publication not involving a

19

violation of this Order, including becoming part of the public record through trial

20

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

21

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

22

who obtained the information lawfully and under no obligation of confidentiality to

23

the Designating Party. Any use of Protected Material at trial or any Court hearing

24

shall be governed by a separate agreement or order.

25

4.

DURATION

26

Even after final disposition of this litigation, the confidentiality obligations

27

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

28

otherwise in writing or a court order otherwise directs. Final disposition shall be
3
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

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

2

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

3

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

4

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

5

pursuant to applicable law.

6

5.

DESIGNATING PROTECTED MATERIAL

7

5.1

8

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

9

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

10

that qualifies under the appropriate standards. To the extent it is practical to do so,

11

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

12

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

13

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

14

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

15

indiscriminate, or routinized designations are prohibited. Designations that are

16

shown to be clearly unjustified or that have been made for an improper purpose

17

(e.g., to unnecessarily encumber or retard the case development process or to

18

impose unnecessary expenses and burdens on other parties) expose the Designating

19

Party to sanctions.

Exercise of Restraint and Care in Designating Material for Protection.

20

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

21

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

22

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

23

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

24

5.2

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

25

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

26

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

27

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

28

with this Order requires:
4
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

(a)

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

2

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

3

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

4

“HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” to each page that

5

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

6

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

7

Producing Party shall affix the legend “CONFIDENTIAL” or “HIGHLY

8

CONFIDENTIAL–ATTORNEYS’ EYES ONLY” on the first page of the

9

document and then on each page of the Document that qualifies for protection. If

10

only a portion or portions of the material on a page qualifies for protection, the

11

Producing Party also must clearly identify the protected portion(s) (e.g., by making

12

appropriate markings in the margins) and must specify, for each portion, the level

13

of protection being asserted.

14

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

15

for inspection need not designate them for protection until after the inspecting Party

16

has indicated which material it would like copied and produced. During the

17

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

18

inspection shall be deemed “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES

19

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

20

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

21

thereof, qualify for protection under this Order.

22

specified documents, the Producing Party must affix the appropriate legend

23

(“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES

24

ONLY”) to each page that contains Protected Material.

25

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

26

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

27

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

28

asserted.

Then, before producing the

If only a portion or

5
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

(b)

for testimony given in deposition, the Designating Party shall

2

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

3

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

4

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

5

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

6

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

7

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

8

which protection is sought and to specify the level of protection being asserted.

9

Only those portions of the testimony that are appropriately designated for

10

protection within the twenty-one (21) days shall be covered by the provisions of

11

this Stipulated Protective Order. Alternatively, a Designating Party may specify, at

12

the deposition or up to twenty-one (21) days afterwards if that period is properly

13

invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or

14

“HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY.”

15

Parties shall give the other parties notice if they reasonably expect a

16

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

17

only authorized individuals who have signed the “Acknowledgment and Agreement

18

to Be Bound” (Exhibit A) are present at those proceedings. The use of a document

19

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

20

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

21

ONLY.”

22

Transcripts containing Protected Material shall have an obvious legend on

23

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

24

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

25

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

26

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

27

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

28

day period for designation shall be treated during that period as if it had been
6
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

designated “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” in its

2

entirety unless otherwise agreed. After the expiration of that period, the transcript

3

shall be treated only as actually designated.

4

(c)

for information produced in some form other than documentary

5

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

6

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

7

stored

8

ATTORNEYS’ EYES ONLY”. If only a portion or portions of the information or

9

item warrant protection, the Producing Party, to the extent practicable, shall

10

the

legend

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL–

identify the protected portion(s) and specify the level of protection being asserted.

11

5.3

12

If timely corrected, an inadvertent failure to designate qualified information

13

or items does not, standing alone, waive the Designating Party’s right to secure

14

protection under this Order for such material.

15

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

16

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

17

6.

Inadvertent Failures to Designate.

Upon timely correction of a

CHALLENGING CONFIDENTIALITY DESIGNATIONS

18

6.1

19

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

Timing of Challenges.

20

any time.

21

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary

22

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

23

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

24

mount a challenge promptly after the original designation is disclosed.

Unless a prompt challenge to a Designating Party’s confidentiality

25

6.2

26

The Challenging Party shall initiate the dispute resolution process by

27

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

28

basis for each challenge. To avoid ambiguity as to whether a challenge has been

Meet and Confer.

7
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

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

2

made in accordance with this specific paragraph of the Protective Order. The

3

Parties shall attempt to resolve each challenge in good faith and must begin the

4

process by conferring directly (in voice to voice dialogue; other forms of

5

communication are not sufficient) within ten (10) days of the date of service of

6

notice. In conferring, the Challenging Party must explain the basis for its belief

7

that the confidentiality designation was not proper and must give the Designating

8

Party an opportunity to review the designated material, to reconsider the

9

circumstances, and, if no change in designation is offered, to explain the basis for

10

the chosen designation. The Parties shall comply with the requirements set forth in

11

Local Rule 37-1 before seeking judicial intervention. A Challenging Party may

12

proceed to the next stage of the challenge process only if it has engaged in this

13

meet and confer process first or establishes that the Designating Party is unwilling

14

to participate in the meet and confer process in a timely manner.

15

6.3

16

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

17

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

18

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

19

Local Rule 37-2.1.

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

expenses and burdens on other parties) may expose the Challenging Party to

28

sanctions. All Parties shall continue to afford the material in question the level of

Judicial Intervention.

The Challenging Party may file a motion challenging a

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

1

protection to which it is entitled under the Producing Party’s designation until the

2

Court rules on the challenge.

3

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

4

7.1

5

A Receiving Party may use Protected Material that is disclosed or produced

6

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

7

prosecuting, defending, or attempting to settle this litigation.

8

Material may be disclosed only to the categories of persons and under the

9

conditions described in this Order. When the litigation has been terminated, a

10

Receiving Party must comply with the provisions of section 14 below (FINAL

11

DISPOSITION). Protected Material must be stored and maintained by a Receiving

12

Party at a location and in a secure manner that ensures that access is limited to the

13

persons authorized under this Order.

Basic Principles.

Such Protected

14

7.2

15

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

16

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

17

“CONFIDENTIAL” only to:

18

(a)

Disclosure of “CONFIDENTIAL” Information or Items.

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

19

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

20

necessary to disclose the information for this litigation;

21

(b)

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

22

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

23

this litigation and who have signed the “Acknowledgment and Agreement to Be

24

Bound” (Exhibit A);

25

(c)

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

26

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

27

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

28
9
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1
2

(d)

dispute resolution proceedings related to this litigation;

3
4

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;

5

(f)

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

6

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

7

A);

8

(g)

9

necessary for this litigation;

10

(h)

11

the author or recipient of a document containing the information

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

12
13

Professional Vendors to whom disclosure is reasonably

7.3

Disclosure of “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES

ONLY” Information or Items.

14

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

15

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

16

designated of “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY” only

17

to:

18

(a)

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

19

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

20

necessary to disclose the information for this litigation;

21

(b)

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

22

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

23

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

24

forth in paragraph 7.4, below, have been followed;

25
26
27
28

(c)

any neutral retained by the Parties in connection with alternative

dispute resolution proceedings related to this litigation;
(d)

any court or other shorthand reports or typist recording or

transcribing testimony and its personnel;
10
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

(e)

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

2

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

3

A);

4

(f)

5

necessary for this litigation;

6

(g)

7
8
9
10
11

Professional Vendors to whom disclosure is reasonably

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information.
7.4

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

12

the Designating Party, a Party that seeks to disclose to an Expert (as defined in this

13

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

14

CONFIDENTIAL–ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b)

15

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

16

general categories of “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES ONLY”

17

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

18

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

19

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

20

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

21

Expert has received compensation or funding for work in his or her areas of

22

expertise or to whom the expert has provided professional services, including in

23

connection with a litigation, at any time during the preceding three (3) years, and

24

(6) identifies (by name and number of the case, filing date, and location of court)

25

any litigation in connection with which the Expert has offered expert testimony,

26

including through a declaration, report, or testimony at a deposition or trial, during

27

the preceding three (3) years. Such written request shall be accompanied by an

28

executed “Acknowledgment and Agreement to Be Bound” (Exhibit A). Counsel
11
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

shall provide the counsel for the opposing Party with a copy of other executed

2

“Acknowledgment[s] and Agreement[s] to Be Bound” (Exhibit A) by persons

3

authorized under paragraph 7.2(b) within seven (7) days after the acknowledgement

4

and agreement to be bound has been executed.

5

(b)

A Party that makes a request and provides the information

6

specified in the preceding respective paragraphs may disclose the subject Protected

7

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

8

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

9

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

10

(c)

A Party that receives a timely written objection must meet and

11

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

12

resolve the matter by agreement within ten (10) days of the written objection. The

13

Parties shall meet and confer pursuant to Local Rule 37-1. If the Parties cannot

14

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

15

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

16

such motion filed must describe the circumstances with specificity, set forth in

17

detail the reasons why the disclosure to the Expert is reasonably necessary, assess

18

the risk of harm that the disclosure would entail, and suggest any additional means

19

that could be used to reduce that risk. In addition, any such motion must be

20

accompanied by a competent declaration describing the Parties’ efforts to resolve

21

the matter by agreement (i.e., the extent and the content of the meet and confer

22

discussions) and setting forth the reasons advanced by the Designating Party for its

23

refusal to approve the disclosure. In any such proceeding, the Party opposing

24

disclosure to the Expert shall bear the burden of proving that the risk of harm that

25

the disclosure would entail (under the safeguards proposed) outweighs the

26

Receiving Party’s need to disclose the Protected Material to its Expert.

27

//

28
12
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

8.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

2

PRODUCED IN OTHER LITIGATION

3

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

4

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

5

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL–ATTORNEYS’ EYES

6

ONLY” that Party must:

7
8

8.1

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or Court order;

9

8.2

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

10

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

11

subpoena or order is subject to this Protective Order. Such notification shall include

12

a copy of this Protective Order; and

13
14

8.3

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

15

If the Designating Party timely seeks a protective order, the Party served

16

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

17

this

18

ATTORNEYS’ EYES ONLY” before a determination by the court from which the

19

subpoena or order issued, unless the Party has obtained the Designating Party’s

20

permission. The Designating Party shall bear the burden and expense of seeking

21

protection in that court of its confidential material – and nothing in these provisions

22

should be construed as authorizing or encouraging a Receiving Party in this action

23

to disobey a lawful directive from another court.

24

9.

action

as

“CONFIDENTIAL,”

NON-PARTY’S

PROTECTED

or

“HIGHLY

MATERIAL

25

9.1

SOUGHT

TO

BE

PRODUCED IN THIS LITIGATION

26

CONFIDENTIAL–

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

27

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

28

CONFIDENTIAL–ATTORNEYS’ EYES ONLY”. Such information produced by
13
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

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

2

provided by this Order.

3

prohibiting a Non-Party from seeking additional protections.

4

9.2

Nothing in these provisions should be construed as

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

5

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

6

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

7

confidential information, then the Party shall:

8
9

(a)

promptly notify in writing the Requesting Party and the Non-

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

10

agreement with a Non-Party;

11

(b)

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

12

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

13

reasonably specific description of the information requested; and

14
15

(c)

make the information requested available for inspection by the

Non-Party.

16

9.3

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

17

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

18

information, the Receiving Party may produce the Non-Party’s confidential

19

information responsive to the discovery request. If the Non-Party timely seeks a

20

protective order, the Receiving Party shall not produce any information in its

21

possession or control that is subject to the confidentiality agreement with the Non-

22

Party before a determination by the court. Absent a court order to the contrary, the

23

Non-Party shall bear the burden and expense of seeking protection in this court of

24

its Protected Material.

25

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

26

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

27

disclosed Protected Material to any person or in any circumstance not authorized

28

under this Stipulated Protective Order, the Receiving Party must immediately (a)
14
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

2

best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

3

the person or persons to whom unauthorized disclosures were made of all the terms

4

of this Order, and (d) request such person or persons to execute the

5

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

6

A.

7

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

8

PROTECTED MATERIAL

9

When a Producing Party gives notice to Receiving Parties that certain

10

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

11

protection, the obligations of the Receiving Parties are those set forth in Federal

12

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

13

whatever procedure may be established in an e-discovery order that provides for

14

production without prior privilege review. Pursuant to Federal Rule of Evidence

15

502(d) and (e), insofar as the Parties reach an agreement on the effect of disclosure

16

of a communication or information covered by the attorney-client privilege or work

17

product protection, the Parties may incorporate their agreement in the stipulated

18

protective order submitted to the court.

19

modification to this Protective Order agreed to by the Parties will not have the

20

force or effect of a Court order unless approved by the Court.

21

12.

Any agreement, amendment or

MISCELLANEOUS

22

12.1 Right to Further Relief.

23

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

24

modification by the court in the future.

25

12.2 Right to Assert Other Objections.

26

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

27

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

28

item on any ground not addressed in this Stipulated Protective Order. Similarly, no
15
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

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

2

material covered by this Protective Order.

3

12.3 Filing Protected Material.

4

Without written permission from the Designating Party or a court order

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

shall not disclose the contents of Protected Information produced by any other

14

party or non-party.

15

13.

FINAL DISPOSITION

16

Within sixty (60) days after the final disposition of this action, as defined in

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

compilations, summaries or any other format reproducing or capturing any of the

27

Protected Material. Notwithstanding this provision, Counsel are entitled to retain

28

an archival copy of all pleadings, motion papers, trial, deposition, and hearing
16
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

2

reports, attorney work product, and consultant and expert work product, even if

3

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

4

constitute Protected Material remain subject to this Protective Order as set forth in

5

Section 4.

6

SO ORDERED.

7
8

Dated: November 21, 2012

9

_______________________________
Hon. Jean P. Rosenbluth
United States Magistrate Judge

10
11

Respectfully submitted,

12
13
14
15
16
17
18

Date: November 20, 2012

Date: November 20, 2012

By: /s/Victor M. Felix

By: /s/Marko R. Zoretic

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)

19
20
21
22
23
24
25
26
27
28
17
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I, _____________________________ [print or type full name], of

5

_________________________________________ [print or type full address],

6

declare under penalty of perjury that I have read in its entirety and understand the

7

Stipulated Protective Order attached hereto that was issued by the United States

8

District Court for the Central District of California in the case of Interpols Network

9

Incorporated v. Aura Interactive, Inc., No. 8:12-832-JVS (JPRx). I agree to

10

comply with and to be bound by all the terms of this Stipulated Protective Order

11

and I understand and acknowledge that failure to so comply could expose me to

12

sanctions and punishment in the nature of contempt. I solemnly promise that I will

13

not disclose in any manner any information or item that is subject to this Stipulated

14

Protective Order to any person or entity except in strict compliance with the

15

provisions of this Order. I further agree to submit to the jurisdiction of the United

16

States District Court for the Central District of California, Southern Division for the

17

purpose of enforcing the terms of this Stipulated Protective Order, even if such

18

enforcement proceedings occur after termination of this action.

19
20

Date: _________________________________

21

City and State where sworn and signed: _________________________________

22

Printed name: ______________________________

23

Signature: __________________________________

24
25
26
27
28
18
AMENDED STIPULATED PROTECTIVE ORDER
Case No. CV 8:12-832-JVS(JPRx)