National Union Fire Insurance Company of Pittsburgh, PA v. NVIDIA Corporation

Filing 113

STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS. Signed by Magistrate Judge Bernard Zimmerman on 1/21/2010. (bzsec, COURT STAFF) (Filed on 1/21/2010)

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Mary E. McCutcheon (State Bar No. 099939)
[e-mail] Karen P. Kimmey (State Bar No. 173284) [e-mail] Amanda D. Hairston (State Bar No. 251096) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone]

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Attorneys for Defendant and Counter-claimant NVIDIA CORPORATION

LINITED STATES DISTRICT COTJRT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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NATIONAL LINION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,
Plaintiff.
vs.

Case No.

C 09-2046 CW

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IPROPOSED] STIPULATED PROTECTTVE ORDER REGARDING CONFIDENTIAL DOCUMENTS

NVIDIA CORPORATION.
Defendant.

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NVIDIA CORPORATION,
Counter-claimant.
VS.

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NATIONAL LINION FIRE INSIIRANCE COMPANY OF PITTSBI.]RGH" PA.
Counter-defendant.

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Fücla Bmm
235 Motrtgonìdy +

The parties to the above-captioned action (the "Action") recognize that the case may

involve or is likely to involve information of parties and non-parties from whom discovery may
be sought

- that, under applicable law, is considered confidential. In order to protect the
24663U140210.1

Mdel LLP

Stcet, I 7ù Flær SÐ Frdcis, CA 941o4
(415)

9544m

[PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS Case No. C 09-2046 CW

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confidsntial information obtained by the parties in connection with this Action and to ensure that
documents produced in the Action are not used or disclosed except in connection with the Action,
the parties, through their counsel of record, hereby stipulate and agree as follows:

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A.

Any party or non-party may designate as "Confidential," as set forth herein, any

document or information that thatparty or witness considers in good faith to contain non-public,

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confidential, trade secret, proprietary, or private financial information subject to protection under
applicable law (hereinafter referred to as "Confidential Information").

B. C.

Confidential Information may not be used for any purpose other than the

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prosecution or defense of the Action.

A party or non-party may designate

a document produced

by it, which party or

witness considers in good faith to contain Confidential Information, by marking the document

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"Confidential."

D.

A party or non-party may designate information disclosed by it during a deposition

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or in response to written discovery that that party or witness considers in good faith to contain Confidential Information by so indicating in said responses or on the record at the deposition.

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Additionally, aparty may designate in writing, within 30 days after receipt of said responses or of
the deposition transcript for which the designation is proposed, that specific pages of the

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transcript (or portions of the videotape) and/or specif,rc responses be treated as Confidential

lnformation. All costs associated with the preparation of separate confidential and nonconfidential transcripts and videotapes or of executing procedures for denominating Confidential Information in transcripts
as

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referenced in this Section shall be borne by the designating party

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who shall also arrange for separate payment for such services through the service provider(s).

E.

Any Confidential lnformation that is inadvertently produced without written notice

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or identification as to its confidential nature may be so designated in writing by the producing

party after therealization that the Confidential Information has been produced without such designation. However, until the discovery materials are designated Confidential as set forth
above, the parties shall be entitled to treat the material as non-confidential. Upon designation, such Confidential Information shall then be treated as Confidential in accordance with the
IPROPOSED] STIPULATED PROTECTTVE ORDER REGARDING CONFIDENTIAL Case No. C 09-2046 CW

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Fdella Brau + Múcl LLP 235 Monlgomq StceL lTlh Fl@I

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DOCUMENTS

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provisions of this Order.

F.

Any non-designating party may object to any confidentiality designations or any

proposed confidentiality designations in writing or on the record. Upon such an objection, the parties shall follow the procedures described in paragraph J below. After any confidentiality designation is made according to the procedures set forth in paragraphs C, D or E, the designated documents or information shall be treated as confidential until the objection is resolved according

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to the procedures described inparagraph J below.

G.

Except with the prior written consent of the party or non-party designating

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documents or other information conf,rdential, or upon prior order of this Court obtained upon notice to such other counsel, Confidential lnformation shall not be disclosed to any person other
than:

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1. 2. 3. 4.

Counsel of record for the respective parties to the Action, including inhouse counsel, co-counsel or insurance counsel;

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Employees of such counsel assisting in the prosecution or defense of the

Action for use in accordance with this stipulation and order;
The parties to the Action (including their employees and affiliates, as well
as

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their auditors and/or reinsurers, as reasonably necessary);

Consultants or experts retained for the prosecution or defense of the

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Action, provided that each such consultant or expert shall have executed

a

copy of the Certification annexed to this Order (which shall be retained by counsel to the party so disclosing the Confidential Information) before

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being shown or given any Confidential lnformation;

5. 6. 7. 8.

Any authors of the Confidential Information and any individuals shown to
have been an original recipient of the Confidential Information;

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The Court, court personnel, and court reporters in the Action;

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Any mediator or arbitrator retained by the parties to the Action;
Mock jurors and related service providers, provided that each juror and
related service provider shall have executed a copy of the Certification

Filclla Brau + Mdcl LLP MontgomqyStæL lTth Flær Sd Frmciso, CA 94lg
(415)

954m

IPROPOSED] STIPULATED PROTECTTVE ORDER REGARDING CONFIDENTIAL
Case No. C 09-2046 CIV

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annexed to this Order before being shown or given any Confidential

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lnformation;

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Persons engaged by any counsel or party to the Action to photocopy,

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image, or maintain the Confidential Information; Witnesses (other than persons described inparagraph G(5)). A witness shall be requested to sign the Certification before being shown Confidential

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lnformation. Any witness who will not sign the Certification

as requested

may nevertheless be shown Confidential Information only in a deposition

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(or at trial

as

provided for in paragraph ltÐ. At the request of any party, the

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portion of the deposition transcript involving the Confidential Information
shall be designated "Confidential" pursuant to paragraph D above.
'Witnesses

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who will not sign the Certification as requested but who are

shown Confidential Information at a deposition shall not be allowed to retain copies of the Confidential Information;

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11.

Under no circumstances shall any Confidential Information or information derived from Confidential Information, be communicated, directly or

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indirectly, to any member or form of the press or media, or any other
person or entity, without the prior consent of the party or non-party that
designated the Confidential Information.

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H.

For applications and motions to the Court on which aparty submits Confidential

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lnformation, all documents and chamber copies containing Confidential Information that are
submitted to the Court shall be filed in the manner provided by the applicable Northern District

of

California Civil Local Rules, which are currently 3-17 and79-5.

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pursuant

lnformation produced by non-parties may be designated as "Confidential"
paragtaphs C, D, or E of this Order. Nothing herein shall restric

fo

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aparfy or non-party

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Fùclla Brau + Mdcl LLP
235 Montgomcry Sûæt, lTth Fl@r

from using or disclosing its own Confidential lnformation in any manner it deems appropriate.

Sm

Fruci*o, CA 94lg
(415) 954-44m

IPROPOSED] STIPULATED PROTECTTVE ORDER REGARDING CONFIDENTIAL Case No. C 09-2046 CW

DOCUMENTS

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If

aparty contends that any material designated as "Confidential" is not entitled to

confidential treatment , that party may at any time give written. notice challenging the designation
to the party that designated the material (the "designating party") as "Confidential." The designating party shall respond in writing to the notice challenging the designation within
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calendar days, or within such other period of time as may be agreed upon by the parties. If the designating party refuses to remove the 1'Confidential" designation, its response shall state the
reasons for this refusal.

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If the parties

are unable to resolve their dispute over the designation

of

the material, any party may move the Court for an order removing the designation or affirming

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that the designation was properly made. In the event that any such motion is made, the party that
designated the material as "Confidential" shall have the burden of establishing that the material is

entitled to confidential treatment.

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K.

Notwithstanding any challenge to the designation of material as Confidential

Information, all material shall be treated as confidential and shall be subject to the provisions
hereof unless and until one of the following occurs:

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1. 2. L.

The party or non-party who designated the material as Confidential

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Information withdraws such designation in writing; or
The Court rules the material is not Confidential Information.

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In the event any Confidential lnformation is subpoenaed or requested during the

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pendency of the Action by any court, regulatory, administrative, law enforcement or legislative body or any person or litigant purporting to have authority to subpoena or request such

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information, including requests based on any state or federal Freedom of Information Act, notice

will be given to the designating.party or non-party upon receipt. In addition, no Confidential
lnformation shall be so disclosed earlier than the designated date in the subpoena, so as to enable
the party or non-party to have a reasonable opportunity to seek appropriate relief.

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Fúclla Brau
235 Montgomcry +

M.

All provisions of this Order restricting the communication or use of Confidential

Information shall continue to be binding after the conclusion of this action, unless otherwise
agreed to by the producing party in writing or ordered by this Court. Upon conclusion of the

Actions, aparty in the possession of documents designated Confidential, other than that which is
lpRoPosEDl STtrULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL Case No. C 09-2046 CW

Mdcl

LLP

SEd, lTrh Flær Su Frecis, CA 94104
(4r5) 9544æ

DOCUMENTS

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contained in attorney work product, discovery responses, deposition transcripts and documents

filed with the Court, shall upon written request after termination of the actions either (a) return
such documents no later than 90 days after the request, to counsel for the party or non-party who

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provided such documents, or (b) destroy such documents within 90 days upon written consent

of

the party or non-party who provided the documents, and certify in writing within 90 days that the documents have been destroyed.

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N.

The terms of this Order do not preclude, limit, restrict, or otherwise apply to the

use of Confidential

Information attnal and will continue to apply to Confidential Information

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unless or until such information is placed in the public record. Nothing herein shall preclude a

party from requesting that information used attnal be admitted under seal in accordance with
procedures established by the Court at apretnal conference and applicable

law. Moreover,

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NVIDIA reserves its right to move for additional protection of information, whether designated
confidential or not, in light of the discovery stay provisions of the Private Securities Litigation
Reform Act ("PSLRA"), and Plaintiffs reserve the right to oppose such requests.

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O.

Nothing herein shall be deemed to waive any applicable privilege or protection, or

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to affect the ability of aparty or non-party to seek relief under Federal Rule of Evidence 502 and
other applicable law. Except as may be expressly agreed to the contrary, the parties do not intend

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to disclose material that is subject to any applicable privilege or protection.

P.

This Order may be modified only by the written consent of all parties to the Order,

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or, with respect to the Confidential lnformation of a specific party or non-party, by the written consent of that party or non-party that designated the Confidential lnformation, or by order of the

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Court for good cause shown. Nothing contained herein shall be construed or applied to alter or

limit the rights of any party under any applicable insurance policies. This Order shall not prevent
any party from later seeking to modify its terms or from seeking any such further provisions or

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relief as may be deemed appropriate or desirable.

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Ftrclla Brâu + Mdel LLP 235 Montgomdy Sug lTlh F]@r

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[PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL Case No' C 09-2046 CW

Se Frmciso, CA 94lM
(4r5) 954m

DOCUMENTS

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The parties

will remain bourd by the conf,rdentiality obligations imposed by this

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Order, and the Court shall retain jurisdiction to enforce this Order, after termination of the Action
and until a designatingparty agrees otherwise in writing or until a court order otherwise directs,

SO STIPULATED.
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DATED: 'TanuarY 2a

,2010

Respectfullysubmitted,

NATIONAL TINION INSURANCE COMPANY OF PITTSBURGH. PA

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Robert S. Marshall Jerurifer R. Bergstrom BATES & CAREY LLP 191 North Wacker Drive, Suite 2400 Chicago, Illinois 60606 Phone [phone] Fax 1312ì' 762-3200

Stephen V. Kovarik, Esq. Lewis Brisbois Bisgaard & Smith LLP 22i North Figueroa Street Los Angeles, CA 90012 (213) 25 0 - 1800 Telephone [phone] Facsimile

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DArED:

1-t

/Å,'**, Zl

,zoto NVIDIA

CORPORAT

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Mary E. McCutcheon (State Bar No. 099939) Karen P. Kimmey (State Bar No. 173284) Amanda D. Hairston (State Bar No. 251096) Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone]

IPROPOSEDI ORDER

IT IS SO ORDERED.
DATED:

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January 21, 2010

,2070

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Farclla BÉm
135

Hon. Bernard Zimmerman United States Magistrate Judge

+Mrnel LLP Mmr8orcry StGq l?th Fl@r SatrFÞftis,CA 941ø
(415)

STIPULATED PROTECTIVE ORDER REGARDING

9594Ó

CONFIDENTIAL DOCUMENTS
CaseNo. C09-2046 CW

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CERTIFICATION
, certify my understanding that

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Confidential lnformation is being provided to me pursuant to the terms and restrictions of the
Stipulated Protective Order Regarding Confidential Information dated
2009, tn National (Jnion Fire Insurance Company of Pittsburgh, PA v. NVIDIA Corporation,
Case

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No. C 09-2046 CW. I have been given a copy of and have read that Order and agree to be

bound by it. I understand that all such Confidential Information and copies thereof, including, but

not limited to, any notes or other transcripts made therefrom, shall be maintained in a secure
manner and shall be returned no later than 30 days after the termination of this action to (1) the counsel for any party or other person who provided such Confidential Information, or (2) the counsel who I have retained, or has retained me.

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DATED:

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Fùclla Brâu + Mdcl LLP
235 Montgomcry SuL lTth Fl@r San Frdcieo, CA 94104

(415) 95444m

[PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS Case No. C 09-2046 CW

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