Mycone Dental Supply Co., Inc. v. Creative Nail Design, Inc.

Filing 162

STIPULATION AND ORDER TO AMEND PROTECTIVE ORDER. Signed by Judge Richard Seeborg on 10/23/13. (cl, COURT STAFF) (Filed on 10/23/2013)

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VENABLE LLP
ADAM R. HESS (pro hac vice)
Email: [e-mail]
CHRISTOPHER T. LA TESTA (pro hac vice)
Email: [e-mail]
575 7th Street N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]

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FREITAS TSENG & KAUFMAN LLP
CRAIG KAUFMAN (SBN 159458)
Email: [e-mail]
100 Marine Parkway
Suite 200
Redwood Shores, CA 94065
Telephone: [phone]

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Attorneys for Defendant
CREATIVE NAIL DESIGN, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MYCONE DENTAL SUPPLY CO., INC.,
D/B/A/ KEYSTONE RESEARCH &
PHARMACEUTICAL,
Plaintiff,

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STIPULATION AND [PROPOSED] ORDER
TO AMEND PROTECTIVE ORDER

vs.

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Case No. 3:12-cv-00747-RS

CREATIVE NAIL DESIGN, INC.,

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Defendant.
AND RELATED COUNTERCLAIM

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STIPULATION AND [PROPOSED] ORDER TO
AMEND PROTECTIVE ORDER
CASE NO. 3:12-CV-00747 RS

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WHEREAS, on December 3, 2012, the Court entered a Stipulated Protective Order
(Docket No. 93); and

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WHEREAS, the Stipulated Protective Order governs discovery and confidentiality in the
above-captioned action for all named parties;

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WHEREAS, third parties have been served and will be served with discovery that calls for
the production of Confidential Information; and

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WHEREAS, a third party has requested a modification of the Stipulated Protective Order

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that the third party deems necessary to ensure that its Confidential Information is adequately

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protected;

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Defendant/Counterclaim Plaintiff Creative Nail Design, Inc. (“CND”), Plaintiff Mycone

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Dental Supply Co., Inc. (“Keystone”), and Counterclaim Defendants Young Nails, Inc., Cacee,

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Inc. and Nail Systems International (“Counterclaim Defendants”), by and through their respective

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counsel, hereby stipulate and agree, subject to the Court’s approval, that the Stipulated Protective

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Order shall be amended as follows:

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2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

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generated, stored or maintained) or tangible things (a) that contain private or confidential personal

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information, or (b) that contain information received in confidence from third parties, or (c)

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which the producing party otherwise believes in good faith to be entitled to protection under Rule

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26(c)(1)(G) of the Federal Rules of Civil Procedure.

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2.8

“HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”

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Information or Items: extremely sensitive “Confidential” Information or Items pertaining to (a)

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technical materials, methods, or processes that are or could be used by a producing party to

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manufacture its products, the disclosure of which to another Party or Non-Party would create a

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substantial risk of serious harm that could not be avoided by less restrictive means or (b) trade

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secrets, competitively sensitive technical, marketing, financial, sales or other confidential

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business information.

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///

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STIPULATION AND [PROPOSED] ORDER TO
AMEND PROTECTIVE ORDER
CASE NO. 3:12-CV-00747 RS

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IT IS ST STIPULATED THROUGH COUNSEL OF RECORD.

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Dated: October 23, 2013

FREITAS TSENG & KAUFMAN LLP

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By:/s/ Craig R. Kaufman
Craig R. Kaufman
Attorney for Defendant and Counterclaim Plaintiff
CREATIVE NAIL DESIGN, INC.

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Dated: October 23, 2013

FISH & RICHARDSON P.C.

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By:/s/John M. Farrell
John M. Farrell
Attorney for Plaintiff
MYCONE DENTAL SUPPLY CO., INC. D/B/A
KEYSTONE RESEARCH &
PHARMACEUTICALS

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IT IS SO ORDERED.

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Dated: 10/23/13

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The Honorable Richard Seeborg
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO
AMEND PROTECTIVE ORDER
CASE NO. 3:12-CV-00747 RS