Corbis Corporation v. Tivoli Associates Inc et al

Filing 49

STIPULATIVE PROTECTIVE ORDER. Signed by Magistrate Judge Bernard Zimmerman on 12/11/2009. (bzsec, COURT STAFF) (Filed on 12/11/2009)

1 e-mail: [e-mail] 2 e-mail: [e-mail] 3 One Front Street 4 Telephone: [phone] 15 16 17 18 19 21 22 23
v.

SIMON J. FRANKEL (SB# 171552) LESLIE N. HARVEY (SB# 241203) COVINGTON & BURLING LLP San Francisco, CA 94111 [phone] facsimile: [phone] Attorneys for Plaintiff

6 CORBIS CORPORATION

DANIEL C. DECARLO (SB# 160307) e-mail: [e-mail] DANIEL R. LEWIS (SB# 260106) e-mail: [e-mail] LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street, Suite 1200 Los Angeles, California 90012 Telephone: [phone] Facsimile: 213.250.7900 Attorneys for Defendant TIVOLI ASSOCIATES, INC. MICHAEL A. FOX (SB# 114799) email: [e-mail] FOX, SHIEFLO, HARTLEY & BABU LLP 2000 Alameda de Las Pulgas, Suite 250 San Mateo, CA 94403-1271 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant EXPERTS IN TELECOMMUNICATIONS AND INTEGRATION, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION CASE NO. CV09-3383 BZ STIPULATED PROTECTIVE ORDER

20 CORBIS CORPORATION,
Plaintiff,

24 EXPERTS IN 25 TELECOMMUNICATIONS AND
INTEGRATION, INC.,

TIVOLI ASSOCIATES, INC., and

26 27 28

Defendants.

STIPULATED PROTECTIVE ORDER CASE NO. CV09-3383 BZ

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1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of

3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation would be warranted. 5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 7 all disclosures or responses to discovery and that the protection it affords extends only to the 8 limited information or items that are entitled under the applicable legal principles to treatment as 9 confidential. The parties further acknowledge, as set forth in Section 10, below, that this 10 Stipulated Protective Order creates no entitlement to file confidential information under seal; Civil 11 Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will 12 be applied when a party seeks permission from the court to file material under seal. 13 14 15 17
2. DEFINITIONS 2.1 Party: any party to this action, including all of its officers, directors, employees,

16 consultants, retained experts, and outside counsel (and their support staff).
2.2 Disclosure or Discovery Material: all items or information, regardless of the

18 medium or manner generated, stored, or maintained (including, among other things, testimony, 19 transcripts, or tangible things) that are produced or generated in disclosures or responses to 20 discovery in this matter. 21
2.3 "Confidential" Information or Items: information (regardless of how generated,

22 stored or maintained) or tangible things that qualify for protection under standards developed 23 under F.R.Civ.P. 26(c). 24
2.4 "Highly Confidential ­ Attorneys' Eyes Only" Information or Items: extremely

25 sensitive "Confidential Information or Items" whose disclosure to another Party or non-party 26 would create a substantial risk of serious injury that could not be avoided by less restrictive means. 27 28
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2.5

Receiving Party: a Party that receives Disclosure or Discovery Material from a

2 Producing Party.
2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery

4 Material in this action.
2.7. Designating Party: a Party or non-party that designates information or items that it

6 produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential -- 7 Attorneys' Eyes Only." 8 10 12 13 15
2.8 Protected Material: any Disclosure or Discovery Material that is designated as

9 "Confidential" or as "Highly Confidential ­ Attorneys' Eyes Only."
2.9. Outside Counsel: attorneys who are not employees of a Party but who are retained

11 to represent or advise a Party in this action.
2.10 2.11 House Counsel: attorneys who are employees of a Party. Counsel (without qualifier): Outside Counsel and House Counsel (as well as their

14 support staffs).
2.12 Expert: a person with specialized knowledge or experience in a matter pertinent to

16 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 17 consultant in this action and who is not a past or a current employee of a Party or of a competitor 18 of a Party's and who, at the time of retention, is not anticipated to become an employee of a Party 19 or a competitor of a Party's. This definition includes a professional jury or trial consultant 20 retained in connection with this litigation. 21
2.13 Professional Vendors: persons or entities that provide litigation support services

22 (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, 23 storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. 24 25 26 28
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3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material

27 (as defined above), but also any information copied or extracted therefrom, as well as all copies, 3

1 excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 2 parties or counsel to or in court or in other settings that might reveal Protected Material. 3 4 5
4. DURATION Even after the termination of this litigation, the confidentiality obligations imposed by this

6 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 7 otherwise directs. 8 9 10
5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party

11 or non-party that designates information or items for protection under this Order must take care to 12 limit any such designation to specific material that qualifies under the appropriate standards. A 13 Designating Party must take care to designate for protection only those parts of material, 14 documents, items, or oral or written communications that qualify ­ so that other portions of the 15 material, documents, items, or communications for which protection is not warranted are not 16 swept unjustifiably within the ambit of this Order. 17
Mass, indiscriminate, or routinized designations are prohibited. Designations that are

18 shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to 19 unnecessarily encumber or retard the case development process, or to impose unnecessary 20 expenses and burdens on other parties), expose the Designating Party to sanctions. 21
If it comes to a Party's or a non-party's attention that information or items that it

22 designated for protection do not qualify for protection at all, or do not qualify for the level of 23 protection initially asserted, that Party or non-party must promptly notify all other parties that it is 24 withdrawing the mistaken designation. 25 27 28
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5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

26 (see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered,

4

1 material that qualifies for protection under this Order must be clearly so designated before the 2 material is disclosed or produced. 3 4
Designation in conformity with this Order requires: (a) for information in documentary form (apart from transcripts of depositions or other

5 pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL" or 6 "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" at the top of each page that 7 contains protected material. If only a portion or portions of the material on a page qualifies for 8 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 9 appropriate markings in the margins) and must specify, for each portion, the level of protection 10 being asserted (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' 11 EYES ONLY"). 12
A Party or non-party that makes original documents or materials available for inspection

13 need not designate them for protection until after the inspecting Party has indicated which material 14 it would like copied and produced. During the inspection and before the designation, all of the 15 material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL ­ 16 ATTORNEYS' EYES ONLY." After the inspecting Party has identified the documents it wants 17 copied and produced, the Producing Party must determine which documents, or portions thereof, 18 qualify for protection under this Order, then, before producing the specified documents, the 19 Producing Party must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY 20 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY") at the top of each page that contains 21 Protected Material. If only a portion or portions of the material on a page qualifies for protection, 22 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins) and must specify, for each portion, the level of protection being asserted 24 (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY"). 25
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the Party

26 or non-party offering or sponsoring the testimony identify on the record, before the close of the 27 deposition, hearing, or other proceeding, all protected testimony, and further specify any portions 28
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1 of the testimony that qualify as "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." 2 When it is impractical to identify separately each portion of testimony that is entitled to protection, 3 and when it appears that substantial portions of the testimony may qualify for protection, the Party 4 or non-party that sponsors, offers, or gives the testimony may invoke on the record (before the 5 deposition or proceeding is concluded) a right to have up to 20 days to identify the specific 6 portions of the testimony as to which protection is sought and to specify the level of protection 7 being asserted ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES 8 ONLY"). Only those portions of the testimony that are appropriately designated for protection 9 within the 20 days shall be covered by the provisions of this Stipulated Protective Order. 10
Transcript pages containing Protected Material must be separately bound by the court

11 reporter, who must affix to the top of each such page the legend "CONFIDENTIAL" or "HIGHLY 12 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," as instructed by the Party or non-party 13 offering or sponsoring the witness or presenting the testimony. 14
(c) for information produced in some form other than documentary, and for any other

15 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 16 or containers in which the information or item is stored the legend "CONFIDENTIAL" or 17 "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." If only portions of the 18 information or item warrant protection, the Producing Party, to the extent practicable, shall 19 identify the protected portions, specifying whether they qualify as "Confidential" or as "Highly 20 Confidential ­ Attorneys' Eyes Only." 21
5.3 Inadvertent Failures to Designate . If timely corrected, an inadvertent failure to

22 designate qualified information or items as "Confidential" or "Highly Confidential ­ Attorneys' 23 Eyes Only" does not, standing alone, waive the Designating Party's right to secure protection 24 under this Order for such material. If material is appropriately designated as "Confidential" or 25 "Highly Confidential ­ Attorneys' Eyes Only" after the material was initially produced, the 26 Receiving Party, on timely notification of the designation, must make reasonable efforts to assure 27 that the material is treated in accordance with the provisions of this Order. 28
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6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's

3 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 4 economic burdens, or a later significant disruption or delay of the litigation, a Party does not 5 waive its right to challenge a confidentiality designation by electing not to mount a challenge 6 promptly after the original designation is disclosed. 7
6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating

8 Party's confidentiality designation must do so in good faith and must begin the process by 9 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) 10 with counsel for the Designating Party. In conferring, the challenging Party must explain the basis 11 for its belief that the confidentiality designation was not proper and must give the Designating 12 Party an opportunity to review the designated material, to reconsider the circumstances, and, if no 13 change in designation is offered, to explain the basis for the chosen designation. A challenging 14 Party may proceed to the next stage of the challenge process only if it has engaged in this meet 15 and confer process first. 16
6.3 Judicial Intervention. A Party that elects to press a challenge to a confidentiality

17 designation after considering the justification offered by the Designating Party may file and serve 18 a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) 19 that identifies the challenged material and sets forth in detail the basis for the challenge. Each 20 such motion must be accompanied by a competent declaration that affirms that the movant has 21 complied with the meet and confer requirements imposed in the preceding paragraph and that sets 22 forth with specificity the justification for the confidentiality designation that was given by the 23 Designating Party in the meet and confer dialogue. 24
The burden of persuasion in any such challenge proceeding shall be on the Designating

25 Party. Until the court rules on the challenge, all parties shall continue to afford the material in 26 question the level of protection to which it is entitled under the Producing Party's designation. 27 28
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7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or

3 produced by another Party or by a non-party in connection with this case only for prosecuting, 4 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 5 the categories of persons and under the conditions described in this Order. When the litigation has 6 been terminated, a Receiving Party must comply with the provisions of section 11, below (FINAL 7 DISPOSITION). 8 10
Protected Material must be stored and maintained by a Receiving Party at a location and in

9 a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered

11 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 12 information or item designated CONFIDENTIAL only to: 13
(a) the Receiving Party's Outside Counsel of record in this action, as well as

14 employees of said Counsel to whom it is reasonably necessary to disclose the information for this 15 litigation and who have signed the "Agreement to Be Bound by Protective Order" that is attached 16 hereto as Exhibit A; 17
(b) the officers, directors, and employees (including House Counsel) of the

18 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 19 signed the "Agreement to Be Bound by Protective Order" (Exhibit A); 20
(c) experts (as defined in this Order) of the Receiving Party to whom disclosure is

21 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 22 Protective Order" (Exhibit A); 23 24
(d) the Court and its personnel; (e) court reporters, their staffs, and professional vendors to whom disclosure is

25 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 26 Protective Order" (Exhibit A); 27 28
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(f) during their depositions, witnesses in the action to whom disclosure is

2 reasonably necessary and who have signed the "Agreement to Be Bound by Protective Order" 3 (Exhibit A). Pages of transcribed deposition testimony or exhibits to depositions that reveal 4 Protected Material must be separately bound by the court reporter and may not be disclosed to 5 anyone except as permitted under this Stipulated Protective Order. 6 7
7.3 (g) the author of the document or the original source of the information. Disclosure of "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY"

8 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 9 Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY 10 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" only to: 11
(a) the Receiving Party's Outside Counsel of record in this action, as well as

12 employees of said Counsel to whom it is reasonably necessary to disclose the information for this 13 litigation and who have signed the "Agreement to Be Bound by Protective Order" that is attached 14 hereto as Exhibit A; 15
(b) House Counsel of a Receiving Party (1) to whom disclosure is reasonably

16 necessary for this litigation, and (2) who has signed the "Agreement to Be Bound by Protective 17 Order" (Exhibit A); 18
(c) Experts (as defined in this Order) (1) to whom disclosure is reasonably

19 necessary for this litigation, (2) who have signed the "Agreement to Be Bound by Protective 20 Order" (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, below, have 21 been followed; 22 23
(d) the Court and its personnel; (e) court reporters, their staffs, and professional vendors to whom disclosure is

24 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 25 Protective Order" (Exhibit A); and 26 27 28
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(f) the author of the document or the original source of the information.

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7.4

Procedures for Approving Disclosure of "HIGHLY CONFIDENTIAL ­

2 ATTORNEYS' EYES ONLY" Information or Items to "Experts"
(a) Unless otherwise ordered by the court or agreed in writing by the Designating

4 Party, a Party that seeks to disclose to an "Expert" (as defined in this Order) any information or 5 item that has been designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" first 6 must make a written request to the Designating Party that (1) identifies the specific HIGHLY 7 CONFIDENTIAL information that the Receiving Party seeks permission to disclose to the Expert, 8 (2) sets forth the full name of the Expert and the city and state of his or her primary residence, (3) 9 attaches a copy of the Expert's current resume, (4) identifies the Expert's current employer(s), (5) 10 identifies each person or entity from whom the Expert has received compensation for work in his 11 or her areas of expertise or to whom the expert has provided professional services at any time 12 during the preceding five years, and (6) identifies (by name and number of the case, filing date, 13 and location of court) any litigation in connection with which the Expert has provided any 14 professional services during the preceding five years. 15
(b) A Party that makes a request and provides the information specified in the

16 preceding paragraph may disclose the subject Protected Material to the identified Expert unless, 17 within seven court days of delivering the request, the Party receives a written objection from the 18 Designating Party. Any such objection must set forth in detail the grounds on which it is based. 19
(c) A Party that receives a timely written objection must meet and confer with the

20 Designating Party (through direct voice to voice dialogue) to try to resolve the matter by 21 agreement. If no agreement is reached, the Party seeking to make the disclosure to the Expert may 22 file a motion as provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if 23 applicable) seeking permission from the court to do so. Any such motion must describe the 24 circumstances with specificity, set forth in detail the reasons for which the disclosure to the Expert 25 is reasonably necessary, assess the risk of harm that the disclosure would entail and suggest any 26 additional means that might be used to reduce that risk. In addition, any such motion must be 27 accompanied by a competent declaration in which the movant describes the parties' efforts to 28
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1 resolve the matter by agreement (i.e., the extent and the content of the meet and confer 2 discussions) and sets forth the reasons advanced by the Designating Party for its refusal to approve 3 the disclosure. 4
In any such proceeding the Party opposing disclosure to the Expert shall bear the burden of

5 proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 6 outweighs the Receiving Party's need to disclose the Protected Material to its Expert. 7 8 9 10
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. If a Receiving Party is served with a subpoena or an order issued in other litigation that

11 would compel disclosure of any information or items designated in this action as 12 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," the 13 Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately 14 and in no event more than three court days after receiving the subpoena or order. Such 15 notification must include a copy of the subpoena or court order. 16
The Receiving Party also must immediately inform in writing the Party who caused the

17 subpoena or order to issue in the other litigation that some or all the material covered by the 18 subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must 19 deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that 20 caused the subpoena or order to issue. 21
The purpose of imposing these duties is to alert the interested parties to the existence of

22 this Protective Order and to afford the Designating Party in this case an opportunity to try to 23 protect its confidentiality interests in the court from which the subpoena or order issued. The 24 Designating Party shall bear the burdens and the expenses of seeking protection in that court of its 25 confidential material ­ and nothing in these provisions should be construed as authorizing or 26 encouraging a Receiving Party in this action to disobey a lawful directive from another court. 27 28
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9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

3 Material to any person or in any circumstance not authorized under this Stipulated Protective 4 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) 6 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 7 Order, and (d) request such person or persons to execute the "Acknowledgment and Agreement to 8 Be Bound" that is attached hereto as Exhibit A. 9 10 11
10. FILING PROTECTED MATERIAL. Without written permission from the Designating Party or a court order secured after

12 appropriate notice to all interested persons, a Party may not file in the public record in this action 13 any Protected Material. A Party that seeks to file under seal any Protected Material must comply 14 with Civil Local Rule 79-5. 15 16 17
11. FINAL DISPOSITION. Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days

18 after the final termination of this action, each Receiving Party must return all Protected Material to 19 the Producing Party. As used in this subdivision, "all Protected Material" includes all copies, 20 abstracts, compilations, summaries or any other form of reproducing or capturing any of the 21 Protected Material. With permission in writing from the Designating Party, the Receiving Party 22 may destroy some or all of the Protected Material instead of returning it. Whether the Protected 23 Material is returned or destroyed, the Receiving Party must submit a written certification to the 24 Producing Party (and, if not the same person or entity, to the Designating Party) by the sixty day 25 deadline that identifies (by category, where appropriate) all the Protected Material that was 26 returned or destroyed and that affirms that the Receiving Party has not retained any copies, 27 abstracts, compilations, summaries or other forms of reproducing or capturing any of the Protected 28
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1 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 2 pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney work product, 3 even if 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 Section 4 5 (DURATION), above. 6 7 8 10
12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek

9 its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order

11 no Party waives any right it otherwise would have to object to disclosing or producing any 12 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 13 Party waives any right to object on any ground to use in evidence of any of the material covered 14 by this Protective Order. 15
12.3 Inadvertent Production: Inadvertent or unintentional production of documents

16 (including physical objects) subject to work product immunity, the attorney-client privilege, the 17 right of privacy or any other applicable privilege, shall not constitute a waiver of the immunity or 18 privilege, provided that the Designating Party shall notify the Receiving Party in writing of such 19 inadvertent production promptly after the Designating Party discovers such inadvertent 20 production. After notification is made, the Receiving Party shall immediately return to the 21 Designating Party all copies of such inadvertently produced documents and shall immediately 22 confirm in writing that all electronic copies have been deleted or destroyed. A Receiving Party 23 shall not refuse a written request for the immediate return of such inadvertently produced 24 documents on any basis. However, nothing herein shall prevent the Receiving Party from 25 challenging the propriety of the privilege or immunity designation by promptly filing an 26 appropriate motion with the Court, but the Receiving Party shall not challenge the propriety of the 27 privilege or immunity designation on the grounds that the privilege or immunity was waived by 28
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1 production of the document. Unless such a challenge is successful, no use shall be made of such 2 documents during deposition or trial, nor shall they be shown to anyone who was not given access 3 to them prior to the request to return or destroy such documents. Furthermore, if no such 4 challenge is brought, or if any such challenge is unsuccessful, the Receiving Party shall promptly 5 confirm in writing that any analyses, memoranda, or notes which were internally generated based 6 upon such inadvertently produced information have been deleted and/or destroyed. 7 8 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 10 11 12 13 DATED: December 10, 2009 14 15 16 DATED: December 10, 2009 17 18 19 21 this efiled document. 22 23 25
December 11, 2009 26 DATED: _____________ DATED: December 10, 2009 COVINGTON & BURLING LLP /s/ Simon J. Frankel Attorneys for Plaintiff CORBIS CORPORATION LEWIS BRISBOIS BISGAARD & SMITH LLP /s/ Daniel Lewis Attorneys for Defendant TIVOLI ASSOCIATES, INC. FOX, SHIEFLO, HARTLEY & BABU LLP /s/ Michael Fox Attorneys for Defendant EXPERTS IN TELECOMMUNICATIONS AND INTEGRATION, INC. the signatories, Daniel Lewis and Michael Fox, indicated by a "conformed" signature (/s/) within /s/ Simon J. Frankel

20 Pursuant to General Order No. 45 Section X.B., I hereby attest that I have obtained concurrence of

24 PURSUANT TO STIPULATION, IT IS SO ORDERED.
__________________________________ United States Magistrate Judge The Honorable Bernard Zimmerman

27 28

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EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, _____________________________ [print or type full name], of _________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and

5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Northern District of California on _______ [date] in the case of Corbis Corporation v. Tivoli 7 Associates, Inc., and Experts in Telecommunications and Integration, Inc., Case No. CV09-3383 8 BZ. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order 9 and I understand and acknowledge that failure to so comply could expose me to sanctions and 10 11 12
punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the

13 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 14 Order, even if such enforcement proceedings occur after termination of this action. 15 16 17 18 19 Date: _________________________________ 20 City and State where sworn and signed: _________________________________ 21 Printed name: ______________________________
[printed name] I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order.

22 23 Signature: __________________________________
[signature]

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