Rocket Dog Brands, LLC v. GMI Corporation

Filing 60

ORDER by Judge Susan Illston granting 59 Stipulated Protective Order (tfS, COURT STAFF) (Filed on 8/6/2013)

1 HANSON BRIDGETT LLP
GARNER K. WENG, SBN 191462
2 [e-mail]
LAWRENCE M. CIRELLI, SBN 114710
3 [e-mail]
CHRISTOPHER S. WALTERS, SBN 267262
4 [e-mail]
425 Market Street, 26th Floor
5 San Francisco, California 94105
Telephone: [phone]
6 Facsimile:
[phone]
7 Attorneys for Plaintiff
ROCKET DOG BRANDS, LLC
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11 ROCKET DOG BRANDS, LLC, a
Delaware limited liability company,
12
Plaintiff,
13
v.
14
GMI CORPORATION, a New York
15 corporation,
16

CASE NO. C12-4643 SI
STIPULATED PROTECTIVE ORDER

Defendant.

17
AND RELATED COUNTERCLAIMS
18
19
20 1.

PURPOSES AND LIMITATIONS

21

Disclosure and discovery activity in this action are likely to involve production of

22 confidential, proprietary, or private information for which special protection from public
23 disclosure and from use for any purpose other than prosecuting this litigation may be
24 warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the
25 following Stipulated Protective Order. The parties acknowledge that this Order does not
26 confer blanket protections on all disclosures or responses to discovery and that the
27 protection it affords from public disclosure and use extends only to the limited information
28 or items that are entitled to confidential treatment under the applicable legal principles.
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1 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
2 Protective Order does not entitle them to file confidential information under seal; Civil
3 Local Rule 79-5 and General Order 62 set forth the procedures that must be followed and
4 the standards that will be applied when a party seeks permission from the court to file
5 material under seal.
6 2.

DEFINITIONS

7

2.1

Challenging Party: a Party or Non-Party that challenges the designation of

8 information or items under this Order.
9

2.2

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

10 is generated, stored or maintained) or tangible things that qualify for protection under
11 Federal Rule of Civil Procedure 26(c).
12

2.3

Counsel (without qualifier): Outside Counsel of Record and House

13 Counsel (as well as their support staff).
14

2.4

Designated House Counsel: House Counsel who seek access to

15 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this matter.
16

2.5

Designating Party: a Party or Non-Party that designates information or

17 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”.
18

2.6

Disclosure or Discovery Material: all items or information, regardless of

19 the medium or manner in which it is generated, stored, or maintained (including, among
20 other things, testimony, transcripts, and tangible things), that are produced or generated
21 in disclosures or responses to discovery in this matter.
22

2.7

Expert: a person with specialized knowledge or experience in a matter

23 pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as
24 an expert witness or as a consultant in this action, (2) is not a past or current employee of
25 a Party’s competitor, and (3) at the time of retention, is not anticipated to become an
26 employee of a Party’s competitor.
27

2.8

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

28 Items: extremely sensitive “Confidential Information or Items,” disclosure of which to
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1 another Party or Non-Party would create a substantial risk of serious harm that could not
2 be avoided by less restrictive means.
3

2.9

House Counsel: attorneys who are employees of a party to this action.

4 House Counsel does not include Outside Counsel of Record or any other outside
5 counsel.
6

2.10

Non-Party: any natural person, partnership, corporation, association, or

7 other legal entity not named as a Party to this action.
8

2.11

Outside Counsel of Record: attorneys who are not employees of a party

9 to this action but are retained to represent or advise a party to this action and have
10 appeared in this action on behalf of that party or are affiliated with a law firm which has
11 appeared on behalf of that party.
12

2.12

Party: any party to this action, including all of its officers, directors,

13 employees, consultants, retained experts, and Outside Counsel of Record (and their
14 support staffs).
15

2.13

Producing Party: a Party or Non-Party that produces Disclosure or

16 Discovery Material in this action.
17

2.14

Professional Vendors: persons or entities that provide litigation support

18 services (e.g., photocopying, videotaping, translating, preparing exhibits or
19 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
20 their employees and subcontractors.
21

2.15

Protected Material: any Disclosure or Discovery Material that is

22 designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’
23 EYES ONLY.”
24

2.16

Receiving Party: a Party that receives Disclosure or Discovery Material

25 from a Producing Party.
26 3.

SCOPE

27

The protections conferred by this Stipulation and Order cover not only Protected

28 Material (as defined above), but also (1) any information copied or extracted from
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1 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
2 Material; and (3) any testimony, conversations, or presentations by Parties or their
3 Counsel that might reveal Protected Material. However, the protections conferred by this
4 Stipulation and Order do not cover the following information: (a) any information that is in
5 the public domain at the time of disclosure to a Receiving Party or becomes part of the
6 public domain after its disclosure to a Receiving Party as a result of publication not
7 involving a violation of this Order, including becoming part of the public record through
8 trial or otherwise; and (b) any information known to the Receiving Party prior to the
9 disclosure or obtained by the Receiving Party after the disclosure from a source who
10 obtained the information lawfully and under no obligation of confidentiality to the
11 Designating Party. Any use of Protected Material at trial shall be governed by a separate
12 agreement or order.
13 4.

DURATION

14

Even after final disposition of this litigation, the confidentiality obligations imposed

15 by this Order shall remain in effect until a Designating Party agrees otherwise in writing or
16 a court order otherwise directs. Final disposition shall be deemed to be the later of (1)
17 dismissal of all claims and defenses in this action, with or without prejudice; and (2) final
18 judgment herein after the completion and exhaustion of all appeals, rehearings, remands,
19 trials, or reviews of this action, including the time limits for filing any motions or
20 applications for extension of time pursuant to applicable law.
21 5.

DESIGNATING PROTECTED MATERIAL

22

5.1

23

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

Exercise of Restraint and Care in Designating Material for Protection.

24 this Order must take care to limit any such designation to specific material that qualifies
25 under the appropriate standards. To the extent it is practical to do so, the Designating
26 Party must designate for protection only those parts of material, documents, items, or oral
27 or written communications that qualify – so that other portions of the material, documents,
28 items, or communications for which protection is not warranted are not swept unjustifiably
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1 within the ambit of this Order.
2

Mass, indiscriminate, or routinized designations are prohibited. Designations that

3 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
4 to unnecessarily encumber or retard the case development process or to impose
5 unnecessary expenses and burdens on other parties) expose the Designating Party to
6 sanctions.
7

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

8 designated for protection do not qualify for protection at all or do not qualify for the level
9 of protection initially asserted, that Designating Party must promptly notify all other
10 parties that it is withdrawing the mistaken designation.
11

5.2

12

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

Manner and Timing of Designations.

13 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
14 qualifies for protection under this Order must be clearly so designated before the material
15 is disclosed or produced.
16
17

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic

18 documents, but excluding transcripts of depositions or other pretrial or trial proceedings),
19 that the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
20 – ATTORNEYS’ EYES ONLY” to each page that contains protected material. If only a
21 portion or portions of the material on a page qualifies for protection, the Producing Party
22 also must clearly identify the protected portion(s) (e.g., by making appropriate markings
23 in the margins) and must specify, for each portion, the level of protection being asserted.
24

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

25 inspection need not designate them for protection until after the inspecting Party has
26 indicated which material it would like copied and produced. During the inspection and
27 before the designation, all of the material made available for inspection shall be deemed
28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has
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1 identified the documents it wants copied and produced, the Producing Party must
2 determine which documents, or portions thereof, qualify for protection under this Order.
3 Then, before producing the specified documents, the Producing Party must affix the
4 appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
5 EYES ONLY”) to each page that contains Protected Material. If only a portion or portions
6 of the material on a page qualifies for protection, the Producing Party also must clearly
7 identify the protected portion(s) (e.g., by making appropriate markings in the margins)
8 and must specify, for each portion, the level of protection being asserted.
9

(b) for testimony given in deposition or in other pretrial or trial proceedings,

10 that the Designating Party identify on the record all protected testimony and specify the
11 level of protection being asserted before the close of the deposition, hearing, or other
12 proceeding. When it is impractical to identify separately each portion of testimony that is
13 entitled to protection and it appears that substantial portions of the testimony may qualify
14 for protection, the Designating Party may invoke on the record (before the deposition,
15 hearing, or other proceeding is concluded) a right to have up to 21 days to identify the
16 specific portions of the testimony as to which protection is sought and to specify the level
17 of protection being asserted. Only those portions of the testimony that are appropriately
18 designated for protection within the 21 days shall be covered by the provisions of this
19 Stipulated Protective Order. Alternatively, a Designating Party may specify, at the
20 deposition or up to 21 days afterwards if that period is properly invoked, that the entire
21 transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
22 ATTORNEYS’ EYES ONLY.”
23

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

24 hearing or other proceeding to include Protected Material so that the other parties can
25 ensure that only authorized individuals who have signed the “Acknowledgment and
26 Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a
27 document as an exhibit at a deposition shall not in any way affect its designation as
28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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1

Transcripts containing Protected Material shall have an obvious legend on the title

2 page that the transcript contains Protected Material, and the title page shall be followed
3 by a list of all pages (including line numbers as appropriate) that have been designated
4 as Protected Material and the level of protection being asserted by the Designating Party.
5 The Designating Party shall inform the court reporter of these requirements. Any
6 transcript that is prepared before the expiration of a 21-day period for designation shall
7 be treated during that period as if it had been designated “HIGHLY CONFIDENTIAL –
8 ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the expiration
9 of that period, the transcript shall be treated only as actually designated.
10

(c) for information produced in some form other than documentary and for

11 any other tangible items, that the Producing Party affix in a prominent place on the
12 exterior of the container or containers in which the information or item is stored the
13 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If
14 only a portion or portions of the information or item warrant protection, the Producing
15 Party, to the extent practicable, shall identify the protected portion(s) and specify the level
16 of protection being asserted.
17

5.3

18

If timely corrected, an inadvertent failure to designate qualified information or items

Inadvertent Failures to Designate.

19 does not, standing alone, waive the Designating Party’s right to secure protection under
20 this Order for such material. Upon timely correction of a designation, the Receiving Party
21 must make reasonable efforts to assure that the material is treated in accordance with
22 the provisions of this Order.
23 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

24

6.1

25

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

Timing of Challenges.

26 Unless a prompt challenge to a Designating Party’s confidentiality designation is
27 necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,
28 or a significant disruption or delay of the litigation, a Party does not waive its right to
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1 challenge a confidentiality designation by electing not to mount a challenge promptly after
2 the original designation is disclosed.
3

6.2

4

The Challenging Party shall initiate the dispute resolution process by providing

Meet and Confer.

5 written notice of each designation it is challenging and describing the basis for each
6 challenge. To avoid ambiguity as to whether a challenge has been made, the written
7 notice must recite that the challenge to confidentiality is being made in accordance with
8 this specific paragraph of the Stipulated Protective Order. The parties shall attempt to
9 resolve each challenge in good faith and must begin the process by conferring directly (in
10 voice to voice dialogue; other forms of communication are not sufficient) within 14 days of
11 the date of service of notice. In conferring, the Challenging Party must explain the basis
12 for its belief that the confidentiality designation was not proper and must give the
13 Designating Party an opportunity to review the designated material, to reconsider the
14 circumstances, and, if no change in designation is offered, to explain the basis for the
15 chosen designation. A Challenging Party may proceed to the next stage of the challenge
16 process only if it has engaged in this meet and confer process first or establishes that the
17 Designating Party is unwilling to participate in the meet and confer process in a timely
18 manner.
19

6.3

20

If the Parties cannot resolve a challenge without court intervention, the

Judicial Intervention.

21 Challenging Party shall file and serve a motion challenging a confidential designation
22 under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5 and General Order
23 62, if applicable) within 21 days of the initial notice of challenge or within 14 days of the
24 parties agreeing that the meet and confer process will not resolve their dispute,
25 whichever is earlier. Each such motion must be accompanied by a competent
26 declaration affirming that the movant has complied with the meet and confer
27 requirements imposed in the preceding paragraph.
28

The burden of persuasion in any such challenge proceeding shall be on the

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1 Designating Party. Frivolous challenges and those made for an improper purpose (e.g.,
2 to harass or impose unnecessary expenses and burdens on other parties) may expose
3 the Challenging Party to sanctions. All parties shall continue to afford the material in
4 question the level of protection to which it is entitled under the Producing Party’s
5 designation until the court rules on the challenge.
6 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

7

7.1

8

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

Basic Principles.

9 another Party or by a Non-Party in connection with this case only for prosecuting,
10 defending, or attempting to settle this litigation. Such Protected Material may be disclosed
11 only to the categories of persons and under the conditions described in this Order. When
12 the litigation has been terminated, a Receiving Party must comply with the provisions of
13 Section 13 below.
14

Protected Material must be stored and maintained by a Receiving Party at a

15 location and in a secure manner that ensures that access is limited to the persons
16 authorized under this Order.
17

7.2

18

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

Disclosure of “CONFIDENTIAL” Information or Items.

19 Party, a Receiving Party may disclose any information or item designated
20 “CONFIDENTIAL” only to:
21

(a) the Receiving Party’s Outside Counsel of Record in this action, as well

22 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
23 disclose the information for this litigation;
24

(b) the officers, directors, and employees (including House Counsel) of the

25 Receiving Party to whom disclosure is reasonably necessary for this litigation and who
26 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27

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

28 disclosure is reasonably necessary for this litigation and who have signed the
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1 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2

(d) the court and its personnel;

3

(e) court reporters and their staff, professional jury or trial consultants, and

4 Professional Vendors to whom disclosure is reasonably necessary for this litigation and
5 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6

(f) during their depositions, witnesses in the action to whom disclosure is

7 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be
8 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the
9 court;1 and
10

(g) the author or recipient of a document containing the information or a

11 custodian or other person who otherwise possessed or knew the information.
12

7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

13 Information or Items.
14

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

15 Party, a Receiving Party may disclose any information or item designated “HIGHLY
16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
17

(a) the Receiving Party’s Outside Counsel of Record in this action, as well

18 as employees of said Outside Counsel of Record to whom it is reasonably necessary to
19 disclose the information for this litigation and who have signed the “Acknowledgment and
20 Agreement to Be Bound” that is attached hereto as Exhibit A;
21

(b) Designated House Counsel of the Receiving Party (1) who has no

22 involvement in competitive decision-making, (2) to whom disclosure is reasonably
23 necessary for this litigation, (3) who has signed the “Acknowledgment and Agreement to
24 Be Bound” (Exhibit A), and (4) as to whom the procedures set forth in paragraph
25
26

1

Pages of transcribed deposition testimony or exhibits to depositions that reveal
Protected Material must be separately bound by the court reporter and may not be
27 disclosed to anyone except as permitted under this Stipulated Protective Order.
28
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1 7.4(a)(1), below, have been followed;
2

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

3 necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to
4 Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph
5 7.4(a)(2), below, have been followed;
6

(d) the court and its personnel;

7

(e) court reporters and their staff, professional jury or trial consultants, and

8 Professional Vendors to whom disclosure is reasonably necessary for this litigation and
9 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10

(f) the author or recipient of a document containing the information or a

11 custodian or other person who otherwise possessed or knew the information;
12

7.4

Procedures for Approving or Objecting to Disclosure of “HIGHLY

13 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Designated
14 House Counsel or Experts.
15

(a)(1) Unless otherwise ordered by the court or agreed to in writing by the

16 Designating Party, a Party that seeks to disclose to Designated House Counsel any
17 information or item that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
18 EYES ONLY” pursuant to paragraph 7.3(b) first must make a written request to the
19 Designating Party that (1) sets forth the full name of the Designated House Counsel and
20 the city and state of his or her residence, and (2) describes the Designated House
21 Counsel’s current and reasonably foreseeable future primary job duties and
22 responsibilities in sufficient detail to determine if the Designated House Counsel is
23 involved, or may become involved, in any competitive decision-making.
24

(a)(2) Unless otherwise ordered by the court or agreed to in writing by the

25 Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order)
26 any information or item that has been designated “HIGHLY CONFIDENTIAL –
27 ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c) first must make a written
28 request to the Designating Party that (1) sets forth the full name of the Expert and the city
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1 and state of his or her primary residence, (2) attaches a copy of the Expert’s current
2 resume, (3) identifies the Expert’s current employer(s), (4) identifies each person or entity
3 from whom the Expert has received compensation or funding for work in his or her areas
4 of expertise or to whom the expert has provided professional services, including in
5 connection with a litigation, at any time during the preceding five years, and (5) identifies
6 any litigation (by name and number of the case, filing date, and location of court, if such
7 information is not available to the Expert, the Expert should provide the nature of the
8 litigation and the identity of the attorney(s) and client(s) that retained the Expert in the
9 matter) in connection with which the Expert has offered expert testimony, including
10 through a declaration, report, or testimony at a deposition or trial, during the preceding
11 five years.
12

(b) A Party that makes a request and provides the information specified in

13 the preceding respective paragraphs may disclose the subject Protected Material to the
14 identified Designated House Counsel or Expert unless, within 14 days of delivering the
15 request, the Party receives a written objection from the Designating Party. Any such
16 objection must set forth in detail the grounds on which it is based.
17

(c) A Party that receives a timely written objection must meet and confer

18 with the Designating Party (through direct voice to voice dialogue) to try to resolve the
19 matter by agreement within seven days of the written objection. If no agreement is
20 reached, the Party seeking to make the disclosure to Designated House Counsel or the
21 Expert may file a motion as provided in Civil Local Rule 7 (and in compliance with Civil
22 Local Rule 79-5 and General Order 62, if applicable) seeking permission from the court to
23 do so. Any such motion must describe the circumstances with specificity, set forth in
24 detail the reasons why the disclosure to Designated House Counsel or the Expert is
25 reasonably necessary, assess the risk of harm that the disclosure would entail, and
26 suggest any additional means that could be used to reduce that risk. In addition, any
27 such motion must be accompanied by a competent declaration describing the parties’
28 efforts to resolve the matter by agreement (i.e., the extent and the content of the meet
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1 and confer discussions) and setting forth the reasons advanced by the Designating Party
2 for its refusal to approve the disclosure.
3

In any such proceeding, the Party opposing disclosure to Designated House

4 Counsel or the Expert shall bear the burden of proving that the risk of harm that the
5 disclosure would entail (under the safeguards proposed) outweighs the Receiving Party’s
6 need to disclose the Protected Material to its Designated House Counsel or Expert.
7 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

8

PRODUCED IN OTHER LITIGATION

9

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

10 compels disclosure of any information or items designated in this action as
11 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party
12 must:
13

(a) promptly notify in writing the Designating Party. Such notification shall

14 include a copy of the subpoena or court order;
15

(b) promptly notify in writing the party who caused the subpoena or order to

16 issue in the other litigation that some or all of the material covered by the subpoena or
17 order is subject to this Stipulated Protective Order. Such notification shall include a copy
18 of this Stipulated Protective Order; and
19

(c) cooperate with respect to all reasonable procedures sought to be

20 pursued by the Designating Party whose Protected Material may be affected.
21

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

22 subpoena or court order shall not produce any information designated in this action as
23 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a
24 determination by the court from which the subpoena or order issued, unless the Party has
25 obtained the Designating Party’s permission. The Designating Party shall bear the
26 burden and expense of seeking protection in that court of its confidential material – and
27 nothing in these provisions should be construed as authorizing or encouraging a
28 Receiving Party in this action to disobey a lawful directive from another court.
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1 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

2

PRODUCED IN THIS LITIGATION

3

(a)

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

4 Non-Party in this action and designated as “CONFIDENTIAL” of “HIGHLY
5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by Non6 Parties in connection with this litigation is protected by the remedies and relief provided
7 by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party
8 from seeking additional protections.
9

(b)

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

10 produce a Non-Party’s confidential information in its possession, and the Party is subject
11 to an agreement with the Non-Party not to produce the Non-Party’s confidential
12 information, then the Party shall:
13

1.

promptly notify in writing the Requesting Party and the Non-Party

14 that some or all of the information requested is subject to a confidentiality agreement with
15 a Non-Party;
16

2.

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

17 Protective Order in this litigation, the relevant discovery request(s), and a reasonably
18 specific description of the information requested; and
19

3.

make the information requested available for inspection by the Non-

(c)

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

20 Party.
21

22 court within 14 days of receiving the notice and accompanying information, the Receiving
23 Party may produce the Non-Party’s confidential information responsive to the discovery
24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not
25 produce any information in its possession or control that is subject to the confidentiality
26 agreement with the Non-Party before a determination by the court. Absent a court order
27 to the contrary, the Non-Party shall bear the burden and expense of seeking protection in
28 this court of its Protected Material.
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1 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2

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

3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the
5 Designating Party of the unauthorized disclosures; (b) use its best efforts to retrieve all
6 unauthorized copies of the Protected Material; (c) inform the person or persons to whom
7 unauthorized disclosures were made of all the terms of this Order; and (d) request such
8 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is
9 attached hereto as Exhibit A.
10 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11

PROTECTED MATERIAL

12

When a Producing Party gives notice to Receiving Parties that certain

13 inadvertently produced material is subject to a claim of privilege or other protection, the
14 obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
15 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
16 established in an e-discovery order that provides for production without prior privilege
17 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach
18 an agreement on the effect of disclosure of a communication or information covered by
19 the attorney-client privilege or work product protection, the parties may incorporate their
20 agreement in the stipulated protective order submitted to the court.
21 12.

MISCELLANEOUS

22

12.1

23

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

Right to Further Relief.

24 the court in the future.
25

12.2

26

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

Right to Assert Other Objections.

27 otherwise would have to object to disclosing or producing any information or item on any
28 ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any
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1 right to object on any ground to use in evidence of any of the material covered by this
2 Protective Order.
3

12.3

4

Without written permission from the Designating Party or a court order secured

Filing Protected Material.

5 after appropriate notice to all interested persons, a Party may not file in the public record
6 in this action any Protected Material. A Party that seeks to file under seal any Protected
7 Material must comply with Civil Local Rule 79-5 and General Order 62. Protected
8 Material may only be filed under seal pursuant to a court order authorizing the sealing of
9 the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General
10 Order 62, a sealing order will issue only upon a request establishing that the Protected
11 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to
12 protection under the law. If a Receiving Party's request to file Protected Material under
13 seal pursuant to Civil Local Rule 79-5(d) and General Order 62 is denied by the court,
14 then the Receiving Party may file the Protected Material in the public record pursuant to
15 Civil Local Rule 79-5(e) unless otherwise instructed by the court.
16 13.

FINAL DISPOSITION

17

Within 60 days after the final disposition of this action, as defined in Section 4,

18 each Receiving Party must return all Protected Material to the Producing Party or destroy
19 such material. As used in this subdivision, “all Protected Material” includes all copies,
20 abstracts, compilations, summaries, and any other format reproducing or capturing any of
21 the Protected Material. Whether the Protected Material is returned or destroyed, the
22 Receiving Party must submit a written certification to the Producing Party (and, if not the
23 same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
24 (by category, where appropriate) all the Protected Material that was returned or
25 destroyed and (2) 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 an
28 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
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1 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
2 work product, and consultant and expert work product, even if such materials contain
3 Protected Material. Any such archival copies that contain or constitute Protected Material
4 remain subject to this Protective Order as set forth in Section 4.
5
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
8

DATED: August 1, 2013

HANSON BRIDGETT LLP

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By:

10
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14

DATED: August 1, 2013

/s/ Christopher S. Walters
GARNER K. WENG
LAWRENCE M. CIRELLI
CHRISTOPHER S. WALTERS
Attorneys for Plaintiff
ROCKET DOG BRANDS, LLC
GREENBERG TRAURIG, LLP

15
16
By:

17
18

/s/ Sarah E. Barrows
SARAH E. BARROWS
Attorneys for Defendant
GMI USA CORPORATION

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20
21 PURSUANT TO STIPULATION, IT IS SO ORDERED.
22

8/5/13
DATED: ________________________ _____________________________________

23

The Honorable Susan Illston
United States District Judge

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1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4 _________________ [print or type full address], declare under penalty of perjury that I
5 have read in its entirety and understand the Stipulated Protective Order that was issued
6 by the United States District Court for the Northern District of California on
7 _______________ [date] in the case of Rocket Dog Brands, LLC v. GMI Corporation,
8 U.S. District Court for the Northern District of California, Case No. C12-4643 SI agree to
9 comply with and to be bound by all the terms of the Stipulated Protective Order and I
10 understand and acknowledge that failure to so comply could expose me to sanctions and
11 punishment in the nature of contempt. I solemnly promise that I will not disclose in any
12 manner any information or item that is subject to this Stipulated Protective Order to any
13 person or entity except in strict compliance with the provisions of this Order.
14

I further agree to submit to the jurisdiction of the United States District Court for

15 the Northern District of California for the purpose of enforcing the terms of this Stipulated
16 Protective Order, even if such enforcement proceedings occur after termination of this
17 action.
18
19 Date: _________________________________
20 City and State where sworn and signed: _________________________________
21
22

Printed name: ______________________________
[printed name]

23

Signature: __________________________________
[signature]
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1
2

ATTESTATION CLAUSE
I, Christopher S. Walters, am the ECF User whose ID and password are being

3 used to file this STIPULATED PROTECTIVE ORDER. In compliance with General Order
4 45, X.B., I hereby attest that Sarah E. Barrows, attorney at Greenberg Traurig, LLC,
5 concurred in this filing.
6
7 Dated: August 1, 2013
HANSON BRIDGETT LLP

8
9

By:

10

/s/ Christopher S. Walters
Christopher S. Walters

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