Applestein v. Medivation, Inc. et al

Filing 96

STIPULATED PROTECTIVE ORDER; Signed by Judge Marilyn Hall Patel on 11/3/2010. (Attachments: # 1 Supplement)(awb, COURT STAFF) (Filed on 11/3/2010)

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Applestein v. Medivation, Inc. et al Doc. 96 1 2 3 UNITED STATES DISTRICT COURT 4 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID APPLESTEIN, On Behalf of Himself and All Others Similarly Situated, 8 CASE NO.: 3:10-CV-00998MPH STIPULATION AND (PROPOSED) ORDER GOVERNING CONFIDENTIAL MATERIAL 9 10 11 Plaintiff, vs. MEDIVATION, INC., DAVID T. HUNG, C. 12 PATRICK MACHADO, LYNN SEELY, and 13 ROHAN PALEKAR, 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 V ADYM SHABANOV, On Behalf of 3 Himself and All Others Similarly Situated, 4 5 CASE NO.: 3:10-CV-Ol0149- MPH Plaintiff, vs. 6 7 MEDIVATION, INC., DAVID T. HUNG, C. MACHADO, LYNN SEELY, and 8 PATRICK ROHAN P ALEKAR, 9 10 11 Defendants. 12 13 14 15 MARK SLOTKIN, On Behalf of Himself and CASE NO.: 3:10-CV-02005- 16 All Others Similarly Situated, MPH 17 18 Plaintiff, vs. 19 20 MEDIV ATION, INC., DAVID T. HUNG, C. PATRICK MACHADO, LYNN SEEL Y, and 21 ROHANPALEKAR, 22 23 Defendants. 24 25 26 27 28 11 1 2 3 IT is HEREBY STIPULATED AND AGREED by and between the parties to the actions (the "Actions"), and the other signatories hereto, subject to the approval of the Court, that: 4 5 6 1. This Stipulation and Order governs the treatment of documents and 7 testimony in depositions ("Discovery Material") produced by, given by, or obtained 8 from any party or any non-party who agrees to the terms of this Stipulation and Order 9 10 (the "Producing Person") in the above-captioned actions (the "Actions") that is 11 designated confidential by the Producing Person in accordance with the procedures set 12 forth below. Any party or non-party who, after agreeing to the terms of this 13 14 Stipulation and Order, produces or is compelled to produce information in these 15 Actions is considered a Producing Person for purposes of this Stipulation and Order. 16 2. Any Producing Person may designate as confidential any Discovery 17 18 Material which contains or discloses, inter alia, internal policies, procedures and 19 operations, non-public information, unpublished investment or trading data, 20vest.nt ord' iorecasts or strategies, ana yses,. is, vai' orher .c. . i appraisa uatlOns ot in me tra ing 21 22 information of a non-public nature considered by the Producing Person to be 23 commercially or personally sensitive or proprietary, including, offering memoranda 24 and limited partnership and management agreements. All Discovery Material so 25 26 designated and all information derived therefrom shall be referred to in this 27 28 10947vl 1 Stipulation and Order as "Confidential Discovery Material" and shall be handled in 2 strict accordance with the terms of this Stipulation and Order. 3 4 3. Confidential Discovery Material shall be used only for the purposes of 5 the lead plaintiff motions in the Actions, and may be disclosed only under the 6 circumstances and to the persons specifically provided for in this or subsequent court 7 8 orders, or with the explicit consent in writing of the Producing Person with respect to 9 specifically identified Confidential Discovery Material, and shall not be used or 10 11 employed for any other purpose whatsoever. Confidential Discovery Material which are 12 4. Copies or originals of 13 delivered to a party of the Actions or otherwise leave the possession of the Producing 14 15 Person shall be so designated by marking or stamping them "Confidential". With 16 respect to multi-page documents that contain Confidential Discovery Material, each 17 page of the multi-page document should be marked "Confidential". In the case of 18 depositions, Counsel for the Producing Party may designate that the deposition be 19 20 maintained as "Confidential" by making a statement on the record and/or sending a 21 letter requesting that the deposition be treated as "Confidential" within 1 0 days of the 22 dos..lOn. ep it 23 24 25 5. Discovery Material designated as Confidential Discovery Material or information derived therefrom, may be disclosed or made available without written consent from the Producing Person only to the following persons: 26 27 28 31383vl 2 1 (a) parties to the Actions (including, for parties who are corporate 2 3 entities, the officers, directors, and employees of the party to whom disclosure 4 5 is reasonably necessary for this litigation), outside litigation counsel to the parties to the Actions, and attorneys, clerical, paralegal and secretarial and other staff employed by such counsel, provided that a member or authorized representative of such law firm shall first execute a copy of this Stipulation and 6 7 8 9 10 11 Order; such execution shall constitute an agreement by all lawyers in, and regular and temporary employees of, that firm to be so bound; (b) the authors, senders, addressees and designated copy recipients of 12 13 any Confidential Discovery Materials; and (c) the Court. 14 15 16 6. Without written permission from the Producing Person or a court order 17 secured after appropriate notice to all interested persons, a party may not file in the 18 public record in these Actions any Confidential Discovery MateriaL. A party that 19 20 seeks to file under seal any Confidential Discovery Material must comply with Civil 21 Local Rule 79-5. Confidential Discovery Material may only be filed under seal 22 pursuant to a court order authorizing the sealing of the specific Confidential Discovery 23 24 Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only 25 upon a request establishing that the Confidential Discovery Material at issue is 26 27 28 privileged, protectable as a trade secret, or otherwise entitled to protection under the 31383vl 3 1 law. If a party's request to file Confidential Discovery Material under seal pursuant to Civil Local Rule 79-5( d) is denied by the court, then the party may file the 2 3 4 information in the public record pursuant to Civil Local Rule 79-5( e) unless otherwise 5 instructed by the court. 6 7 7. Inadvertent production of any information, document or thing without it be deemed a waiver of any claim of 8 being marked "Confidential" shall not itself 9 confidentiality as to such matter, and the same may thereafter be corrected by 10 11 supplemental written notice. All copies of any such information, document or thing 12 shall thereafter promptly be marked by persons in possession of them with the correct 13 designation. 14 15 8. Inadvertent production of any information, document or thing which the 16 Producing Person claims is privileged or is work product shall not itself be deemed a 17 waiver of any claim of privilege or work product as to such matter or as to any other 18 matter. Upon notice from the Producing Person, all copies of such information, 19 20 document or thing shall promptly be returned to the Producing Person. 21 9. This Stipulation and Order has no effect upon, and its scope shall not 22 extend to, any Producing Person's use of its own Confidential Discovery MateriaL. 23 24 25 10. Nothing contained in this Stipulation and Order shall be construed to be an admission by any party that the documents or materials labeled as Confidential 26 27 28 Discovery Material are in fact Confidential as defined herein. Nothing contained in 31383vl 4 1 this Stipulation and Order shall be construed to be a waiver of the Producing Person's 2 3 right to claim that a document not designated as Confidential Discovery Material is in 4 fact Confidential within the terms of this Stipulation and Order. Nothing in this 5 Stipulation and Order shall be construed to be a waiver of any party's right to object 6 on any grounds whatsoever to any request for discovery or to an agreement to produce 7 8 any documents or to supply any information. The failure of any party to challenge the 9 designation by another Producing Person of Discovery Material as Confidential 10 during the discovery period shall not be a waiver of 11 designation of such material as Confidential at triaL. that party's right to object to the 12 13 11. This Stipulation and Order or the existence of such shall not be offered or 14 15 admitted into evidence at trial, argued to the jury, or otherwise disclosed to the jury. 16 This Stipulation and Order shall have no effect on the admissibility or discoverability 17 of any Discovery MateriaL. 18 12. After the termination of these proceedings, this Stipulation and Order 19 20 21 shall continue to be binding upon the parties hereto, and upon all persons to whom Confidential Discovery Material has been disclosed or communicated, and this Court 22 23 shall retain jurisdiction over the parties for enforcement of its provisions. 13. Within forty-five (45) days after 24 the Court's Order appointing a lead 25 plaintiff in this litigation, all Confidential Discovery Material supplied by a Producing 26 Person and all copies thereof (including, without limitation, copies provided to 27 28 31383vl 5 1 testifying or consulting experts) shall be returned to the Producing Person, or the party's counsel shall certify to the Producing Person that all such materials have been destroyed. As to those materials containing Confidential Discovery Material, that 2 3 4 5 constitute counsel's work product, were served in these Actions, filed with the Court, and/or marked as trial exhibits, counsel may retain such documents if such counsel 6 7 8 otherwise comply with this Stipulation and Order with respect to such retained 9 materiaL. 10 11 14. A party who determines, upon advice of counsel, that Confidential 12 Discovery Material must be disclosed in order to comply with a subpoena, discovery 13 request or court order (collectively, "Disclosure Obligation") shall give all other 14 15 counsel written notice by telecopy and overnight mail at least ten (10) business days 16 prior to disclosing any Confidential Discovery Material, or within an appropriately 17 shorter period if such Disclosure Obligation necessitates disclosure prior to the 18 passage of ten (10) business days. The written notice shall contain copies of any 19 20 subpoena or other legal document which the party believes requires the disclosure. 21 The party believing disclosure to be necessary shall have the burden of proof as to 22 these issues. 23 24 25 15. The parties agree to seek the approval of the Court with respect to this Stipulation and Order. Notwithstanding the pendency of approval by the Court, this Stipulation and Order shall become effective among such parties who have executed 26 27 28 31383vl 6 1 this agreement immediately upon such execution. If approval by the Court is ultimately denied, no party shall treat any Confidential Discovery Material produced 2 3 4 prior to that time other than as provided herein. 5 16. Nothing in this Stipulation and Order shall be construed as prejudicing 6 7 any Producing Person's right to seek an agreement or court order (a) modifying the this Stipulation and Order or (b) providing additional confidentiality or 8 provisions of 9 other protections to any Confidential Discovery Material produced in this action. 10 However, until such agreement or order is obtained, this Stipulation and Order shall 11 12 constitute the entire agreement of the parties with respect to the matters covered 13 herein. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31383vl 7 1 DATED: Octobcrt~ 2010 Respectfully submitted, 2 3 BERNSTEIN LIEHHARI)LLP 4 5 S 'ndy A. Liehhard Joseph R. Seidman, Jr. --_. _."IL:._~ r. Seth Ottensoser 6 7 8 10 E. 40th Street. Suite 22 New York, NY i 00 16 Telephone: (2 i 2) 779-1414 Facsimile: (212) 779-3218 II COlliiselfor Catoo517 (\ \ d:J 'i 10 I I 11 ROBIUNSG1LLLll.R RllIVlAN & DO\VDLt,P 12 13 14 15 16 i7 .D~~~(;t;t;;.~~ DanielJe. S. 'Myers 655 W'. Broadvvay, Ste. i 900 San Diego. CA 92101 ....' . Telephone: (619) 231- 1058 18 Facsimile: (619) 231-7423 - and Dennis J, I-Tennan Post 19 L"0 ! '" 1\ 21 ') ') Montgomery Center Montu.0111CrV Street. Suie 1800 -' *" One 23 24 25 San l'rancisco, CA 94104 'Ielephone: (415) 288-4545 Facsimile: (415) 288-4534 Coilftselfor Hopson F(mii~l' investments 26 27 28 l947v COOLEY LLP 2 3 James M. Penning 5 GlO Alto Square ./ ( '~~!,~o\ -_../." - ) ~")- 4 5 3000 El Camino Real Palo Alto, CA 94306-2155 Telephone: (650) 843-5000 c)J 6 7 8 Facsimile: (650) 857-0663 Counsel for Defendant."" 9 10 IT is SO ORDERED. 11 SUBJECT TO ATTACHED MODIFICATION. 12 13 16 17 18 19 ER N 20 21 F D IS T IC T O R 22 23 24 25 26 27 28 31383v1 A C LI FO ari Judge M lyn H. P atel R NIA ERED 15 HONORABLET IS SO ORD PATEL MARILYN H. I NO 14 UNIT ED S S DISTRICT TE C TA RT U O November 3, 2010 RT H

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