Asis Internet Services v. Optin Global, Inc. et al

Filing 442

ORDER Granting re 440 Stipulation Re-Designation And Use of Documents Produced By Google Inc. filed by Azoogle.Com, Inc.. Signed by Judge Joseph C. Spero on 9/4/08. (fj, COURT STAFF) (Filed on 9/4/2008)

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KRONENBERGER BURGOYNE, LLP Henry M. Burgoyne, III (CA Bar No. 203748) Karl S. Kronenberger (CA Bar No. 226112) Jeffrey M. Rosenfeld (CA Bar No. 222187) Margarita Calpotura (CA Bar No. 244711) 150 Post Street, Suite 520 San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant, AZOOGLEADS.COM, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ASIS INTERNET SERVICES, a California corporation, Plaintiff, vs. OPTIN GLOBAL, INC., a Delaware Corporation, also dba Vision Media Limited Corp., USA Lenders Network, USA Lenders, and USA Debt Consolidation Service; et al., Defendants. Case No. C-05-5124 JCS STIPULATION AND [PROPOSED] ORDER REGARDING REDESIGNATION AND USE OF DOCUMENTS PRODUCED BY GOOGLE INC.

Case No. C-05-5124 JCS

STIPULATION AND [PROPOSED] ORDER RE RE-DESIGNATION AND USE OF DOCS

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WHEREAS on December 14, 2005, the parties to this action entered into a Stipulated Protective Order, which the Court entered as an order on December 16, 2005 (the "Protective Order"); WHEREAS the Protective Order defines Confidential Information as: Information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.Civ.P. 26(c) and other applicable confidentiality law; WHEREAS the Protective Order defines Highly Confidential ­ Attorneys' Eyes Only Information ("AEO") as: Extremely sensitive "Confidential Information or Items" whose disclosure to another Party or nonparty would create a substantial risk of serious injury that could not be avoided by less restrictive means; WHEREAS Google Inc. ("Google") produced documents including invoices, service contracts, and emails in response to a third-party subpoena for documents issued by Defendant AzoogleAds.com, Inc. ("Azoogle"), all of which except for a Postini, Inc. service manual, Google designated as AEO (the "Documents"); WHEREAS pursuant to the Protective Order, even after the termination of this action, the confidentiality obligations imposed remain in effect until the designating party agrees otherwise in writing, or a court order otherwise directs; WHEREAS Azoogle represents that Plaintiff ASIS Internet Services ("ASIS") is currently prosecuting several other cases that are nearly identical to the current action; WHEREAS Azoogle believes the Documents are relevant to dispositive issues in ASIS's other lawsuits; WHEREAS on June 5, 2008, Google and Azoogle reached an agreement regarding the re-designation and disclosure of the Documents; WHEREAS Google conditionally consents to the use of the Documents in other actions, subject to Google's review of the governing protective order, and subject to a designation of the Documents as CONFIDENTIAL in that respective action; ///
Case No. C-05-5124 JCS

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STIPULATION AND [PROPOSED] ORDER RE RE-DESIGNATION AND USE OF DOCS

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NOW

THEREFORE,

AZOOGLE

AND

GOOGLE,

THROUGH

THEIR

RESPECTIVE COUNSEL, HEREBY STIPULATE AS FOLLOWS: 1. All Documents produced by Google shall be re-designated as Confidential,

from their prior AEO designation. 2. Google shall permit the disclosure and use of the Documents in connection

with other legal actions, provided that a) any such other legal action is governed by a protective order that is substantially as protective as the Protective Order, and b) the Documents are designated with a CONFIDENTIAL designation or the equivalent in any such other legal action. 3. Prior to the disclosure in connection with another legal action, Google shall

be given the opportunity to review the related protective order and shall have ten (10) days to object to it on the basis that it is not substantially as protective of the documents as the Protective Order. IT IS SO STIPULATED: DATED: September 2, 2008 KRONENBERGER BURGOYNE, LLP

By: _

______

_

Henry M. Burgoyne, III Attorneys for Defendant AZOOGLEADS.COM, INC.

DATED: July ___, 2008 23 24 25 26 27 28
Case No. C-05-5124 JCS

GOOGLE INC.

By: _

______

_

Nicole Wong Attorney for third-party GOOGLE INC.
STIPULATION AND [PROPOSED] ORDER RE RE-DESIGNATION AND USE OF DOCS

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED: 9/4/08 DATED: _________________

The Honorable Joseph C. Spero

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F D IS T IC T O R

ATTESTATION OF CONCURRENCE IN FILING Pursuant to N.D. Cal. General Order No. 45, section 45X(B), I, Henry M. Burgoyne, III, hereby attest that concurrence in the filing of this stipulation and proposed order has been obtained from counsel for third-party, Google Inc., who has provided the conformed signature above. DATED: September 2, 2008 KRONENBERGER BURGOYNE, LLP

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Case No. C-05-5124 JCS

By: _

______

Henry M. Burgoyne, III Attorneys for Defendant AZOOGLEADS.COM, INC.

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STIPULATION AND [PROPOSED] ORDER RE RE-DESIGNATION AND USE OF DOCS

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