United States Of America v. Bazaarvoice, Inc.

Filing 120

ORDER REGARDING USE OF THIRD PARTY MATERIALS AND DEPOSITION TESTIMONY AT TRIAL. Signed by Judge William H. Orrick on 09/10/2013. (jmdS, COURT STAFF) (Filed on 9/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No. 13-cv-00133-WHO

Plaintiff,
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v.
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BAZAARVOICE, INC.,
Defendant.

ORDER REGARDING USE OF THIRD
PARTY MATERIALS AND
DEPOSITION TESTIMONY AT TRIAL
Re: Dkt. No. 118

United States District Court
Northern District of California

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ORDER REGARDING USE OF THIRD PARTY MATERIALS
AND DEPOSITION TESTIMONY AT TRIAL

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On September 9, 2013, the Court held a pre-trial conference in the case captioned United

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States v. Bazaarvoice, Inc., Case No. 13-cv-0133 WHO (the “Litigation”) to address various

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issues in the Litigation, including the use of evidence at trial.

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On March 4, 2013, the Court entered a Protective Order setting forth the procedures for

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protecting confidential information exchanged during discovery in the Litigation. During the

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course of discovery, the parties received materials and obtained deposition testimony from third

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parties, some of which has been designated by the third parties as “Confidential” or “Highly

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Confidential – Attorneys’ Eyes Only” pursuant to the Protective Order.

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The Court hereby orders the following with respect to such “Confidential” and “Highly

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Confidential – Attorneys’ Eyes Only” designations of materials and/or deposition testimony by

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third parties:

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1. Any party intending to use at trial any third party materials and/or deposition

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testimony designated by such third party as “Confidential” or “Highly Confidential –

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Attorneys’ Eyes Only” must send via overnight delivery written notice of such

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intention no later than September 10, 2013. To the extent a party has already sent

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such written notification prior to the entry of this Order, that party need not provide

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duplicative notice. The party intending to use at trial third party materials and/or

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deposition testimony designated by such third party as “Confidential” or “Highly

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Confidential – Attorneys’ Eyes Only” must also send to the third party a copy of this

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Order via overnight delivery within one (1) business day after the entry of this Order.

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2. Any third party receiving the written notification set forth in Paragraph 1 and

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intending to maintain such “Confidential” or “Highly Confidential – Attorneys’ Eyes

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Only” designations of materials and/or deposition testimony must: (1) appear at a
hearing on September 19, 2013 at 10 a.m. in court room 2 located at 450 Golden Gate

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United States District Court
Northern District of California

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Avenue, San Francisco, CA 94102 to address this issue; and/or (2) file with the Court

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a formal request, including a supporting declaration that adequately justifies the

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designations by no later than September 18, 2013.

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IT IS SO ORDERED.
Dated: September 10, 2013
______________________________________
WILLIAM H. ORRICK
United States District Judge

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