Pimental v. Google, Inc. et al

Filing 62

STIPULATION WITH PROPOSED PROTECTIVE ORDER, filed by Google, Inc., Slide, Inc., Jessica Franklin, Nicole Pimental. (Wilson, Bobbie) (Filed on 3/22/2012) Modified on 3/23/2012 (jlm, COURT STAFF).

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PERKINS COIE LLP
BOBBIE J. WILSON (Bar No. 148317)
JOSHUA A. REITEN (Bar No. 238985)
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]

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DEBRA R. BERNARD (Pro hac vice)
131 S. Dearborn St. Suite 1700
Chicago, Il 60603
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
Attorneys for Defendants
GOOGLE INC. and SLIDE, INC.

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[Additional Counsel on Signature Page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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NICOLE PIMENTAL and JESSICA
FRANKLIN, individually and on behalf of
all others similarly situated,

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Plaintiffs,
v.
GOOGLE INC., a Delaware corporation,
and SLIDE, INC., a Delaware corporation,

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Defendants.
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This Document Relates to All Actions.

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[PROPOSED] STIPULATED PROTECTIVE ORDER
Case No. 11-cv-02585-YGR

Case No. 11-cv-02585-YGR
[PROPOSED] STIPULATED
PROTECTIVE ORDER FOR THE
TREATMENT OF CONFIDENTIAL
MATERIAL

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To expedite the production of discovery material, to facilitate the prompt resolution of

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disputes over confidentiality of discovery material, to adequately protect information the parties

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are entitled to keep confidential, to ensure that only the materials the parties are entitled to keep

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confidential are subject to such treatment, and to ensure that the parties are permitted reasonably

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necessary uses of confidential discovery material in preparation for and in the conduct of this

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litigation, pursuant to Fed. R. Civ. P. 26(c), it is hereby ORDERED THAT:

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I.

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INFORMATION SUBJECT TO THIS ORDER
A.

Protected Information Generally
1.

All documents, tangible things, physical objects, written discovery

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responses, testimony, or other information produced by the producing party in this litigation is

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considered “Discovery Material.” This Order applies not only to Discovery Material produced in

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this litigation, but also to any information copied or extracted therefrom or otherwise reflecting

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Protected Information, in any form. Any Discovery Material containing or including confidential

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information may be designated as such by the producing party by marking it “CONFIDENTIAL”

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or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY” prior to or at the time copies are

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furnished to the receiving party, and shall be treated in accordance with the terms of this Order.

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Each of the identified categories of confidential Discovery Material shall be identified

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collectively in this Order as “Protected Information.”

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2.

All Protected Information not reduced to documentary, tangible or physical

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form, or which cannot be conveniently designated as set forth in paragraph I.A.1 or pursuant to

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another confidentiality designation set forth in this Order, shall be designated by the producing

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party by informing the receiving party of the designation in writing.

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3.

Any Discovery Material (including physical objects and tangible things)

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made available for inspection by counsel for the receiving party prior to producing copies of

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items selected by the receiving party shall initially be considered, as a whole, to constitute

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Protected Information (unless otherwise designated at the time of inspection) and shall be subject

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to this Order. Thereafter, the producing party shall have a reasonable time to review and

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designate the appropriate documents as CONFIDENTIAL or CONFIDENTIAL – OUTSIDE

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COUNSEL ONLY prior to furnishing copies to the receiving party.

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4.

Any Protected Information that is obtained by any party from any person

pursuant to discovery in this litigation shall be used solely for purposes of this litigation.

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5.

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its own Protected Information.

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6.

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The following Discovery Material is not Protected Information:
a.

Any Discovery Material that is or, after its disclosure to a receiving

party, becomes part of the public domain as a result of publication not involving a violation of
this Order or other obligation to maintain the confidentiality of such material;

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Nothing in this Order shall limit any producing party’s use or disclosure of

b.

Any Discovery Material that the receiving party can show was

already publicly known prior to the disclosure; and,

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c.

Any Discovery Material that the receiving party can show by

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written records was received by it from an alternate source that obtained the material lawfully and

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under no obligation of confidentiality to the producing party.

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B.

Protected Information Designated Confidential
1.

For purposes of this Order, Protected Information designated

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CONFIDENTIAL shall mean all Discovery Material produced for or disclosed in connection with

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this action to a receiving party that constitutes confidential or commercially sensitive technical,

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sales, marketing, personal, or financial information of the producing party (including any party to

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this action and any non-party producing information or material voluntarily or pursuant to a

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subpoena or a court order in connection with this action), or information that the producing party

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is under a legal obligation to maintain as confidential, whether embodied in documentary,

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tangible or physical form, or the factual knowledge of persons, and which has been so designated

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by the producing party.

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2.

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therein shall be available only to:

Protected Information designated CONFIDENTIAL and the contents

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a.

Outside litigation counsel of record and supporting personnel employed in

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the law firm(s) of outside litigation counsel of record, such as attorneys, paralegals, legal

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translators, legal secretaries, law clerks, project managers and litigation support personnel;

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b.

Up to two in-house counsel of any party with responsibility for managing

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this litigation, who are members of at least one state bar in good standing, and supporting

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personnel employed by the legal department of any party to this litigation;

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c.

Technical advisers and their necessary support personnel engaged by

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counsel of record for the parties, subject to the provisions of section III herein, and provided that

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such individuals have first been given a copy of this Order and have executed the Confidentiality

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Agreement attached hereto as Attachment A. The term “technical adviser” shall mean

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independent outside technical expert witnesses, consulting experts, or technical consultants (i.e.,

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not employees of a party) retained by counsel of record for the parties who are deemed

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reasonably necessary to assist such counsel in connection with this litigation;

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d.

Independent contractors engaged by counsel of record for the parties, to the

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extent reasonably necessary to assist such counsel in connection with this litigation, including but

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not limited to (i) legal translators retained to translate in connection with this action; (ii)

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independent stenographic reporters and videographers retained to record and transcribe testimony

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in connection with this action; (iii) graphics or design services retained by counsel for purposes of

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preparing demonstrative or other exhibits for deposition, trial, or other court proceedings in the

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actions; (iv) non-technical jury or trial consulting services, including mock jurors; (v) electronic

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discovery vendors retained to assist with the organization and management of electronic

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discovery; and (vi) private investigators, provided that such persons or entities have first been

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given a copy of this Order and have executed the Confidentiality Agreement attached hereto as

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Attachment A, and a signed copy has been provided to the producing party;

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e.

Any fact witness during the course of a deposition subject to the provisions

of section V herein; and
f.

The Court, its personnel, and any other person (such as a master or

mediator) who serves in a judicial or quasi-judicial function, professional stenographic reporters
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engaged to transcribe testimony (under seal or with other suitable precautions determined by the

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Court), and jurors.

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C.

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Information Designated Confidential – Outside Counsel Only
1.

For purposes of this Order, Protected Information designated

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CONFIDENTIAL – OUTSIDE COUNSEL ONLY shall mean Protected Information that

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contains extremely sensitive information, the disclosure of which to another party would create a

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risk of competitive injury that could not be avoided by less restrictive means. Protected

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Information designated CONFIDENTIAL – OUTSIDE COUNSEL ONLY includes, but is not

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limited to: (i) marketing, financial, sales, web traffic, research and development, or technical, data

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or information; (ii) commercially sensitive competitive information, including, without limitation,

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information obtained from a nonparty pursuant to a current Nondisclosure Agreement (“NDA”);

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(iii) information or data relating to future products not yet commercially released and/or strategic

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plans; (iv) trade secret, or other confidential research and development information; and, (v)

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commercial agreements, settlement agreements or settlement communications, the disclosure of

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which is likely to cause harm to the competitive position of the producing party.

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2.

Protected Information alternatively designated “CONFIDENTIAL

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OUTSIDE ATTORNEYS’ EYES ONLY,” “HIGHLY CONFIDENTIAL” or “RESTRICTED

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CONFIDENTIAL” shall be treated as if designated CONFIDENTIAL – OUTSIDE COUNSEL

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ONLY. In determining whether Protected Information should be designated as CONFIDENTIAL

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– OUTSIDE COUNSEL ONLY, each party agrees to use such designation only in good faith.

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3.

Protected Information designated CONFIDENTIAL – OUTSIDE

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COUNSEL ONLY and the contents therein shall be available only to the persons or entities listed

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in paragraphs I.B.2.a, c, d, e and f, subject to any terms set forth or incorporated therein, and not

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to any person or entity listed in paragraph I.B.2.b.

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II.

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USE OF PROTECTED INFORMATION AT HEARING OR TRIAL
In the event that a party intends to use any Protected Information during any hearing or

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trial, that party shall provide a minimum of two (2) business days’ notice to the producing party.

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Subject to challenges under section IV, the parties will not oppose any reasonable request by the
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producing party that courtroom be sealed, if allowed by the Court, during the presentation of any

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testimony, evidence, or argument relating to or involving the use of any Protected Information.

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III.

DISCLOSURE TO TECHNICAL ADVISERS

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A.

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Protected Information designated by the producing party and such copies of Protected

Purpose

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Information as are reasonably necessary for maintaining, defending, or evaluating this litigation

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may be furnished and disclosed to the receiving party’s technical advisers and their necessary

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support personnel.

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B.

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No Disclosure Without Protective Order Subscription

No disclosure of Protected Information to a technical adviser or their necessary support

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personnel shall occur until that person has signed the form attached hereto as Attachment A, and a

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signed copy has been provided to the producing party; and to the extent there has been an

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objection under paragraph III.C, that objection is resolved according to the procedures set forth

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below.

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C.

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A party desiring to disclose Protected Information to a technical adviser shall also give

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prior written notice of the intended disclosure by email to all counsel of record in the litigation,

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and the producing party shall have ten (10) business days after such notice is given to object in

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writing to the disclosure. The party desiring to disclose Protected Information to a technical

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adviser must provide the following information for each technical adviser: name, address,

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curriculum vitae, and current employer. The party desiring to disclose Protected Information to a

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technical adviser must also provide written certification that each technical adviser does not

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currently have, has not previously had, and is not reasonably likely in the future to develop, a

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relationship with a competitor of the producing party that would create a reasonable risk of

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disclosure, whether intentional or not, of the Protected Information or any part of it to that

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competitor. No Protected Information shall be disclosed to such expert(s) or consultant(s) until

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after the expiration of the foregoing notice period and resolution of any objection.

Prior Notice of Intent to Disclose Protected Information to an Advisor

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D.

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A party objecting to disclosure of Protected Information to a technical adviser shall state

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with particularity the ground(s) of the objection. The objecting party’s consent to the disclosure

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of Protected Information to a technical adviser shall not be unreasonably withheld, and its

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objection must be based on that party’s good faith belief that disclosure of its Protected

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Information to the technical adviser will result in specific business or economic harm to that

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party.

Objections to Technical Advisors

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E.

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If after consideration of the objection, the party desiring to disclose the Protected

Resolution of Objections to Technical Advisors

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Information to a technical adviser refuses to withdraw the technical adviser, that party shall

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provide notice to the objecting party. Thereafter, the objecting party shall move the Court, within

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ten (10) business days of receiving such notice, for a ruling on its objection. A failure to file a

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motion within the ten (10) business day period, absent an agreement of the parties to the contrary

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or for an extension of such ten (10) business day period, shall operate as an approval of disclosure

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of Protected Information to the technical adviser. The parties agree to cooperate in good faith to

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shorten the time frames set forth in this paragraph if necessary to abide by any discovery or

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briefing schedules.

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F.

Burden for Objections to Technical Advisors
1.

The objecting party shall have the burden of showing to the Court “good

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cause” for preventing the disclosure of its Protected Information to the technical adviser. For

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purposes of this paragraph, “good cause” includes, but is not limited to, a particularized showing

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that the challenged technical advisor currently has, previously had, or is reasonably likely in the

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future to develop, a relationship with a competitor of the producing party that would create a

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reasonable risk of disclosure, whether intentional or not, of the Protected Information or any part

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of it to that competitor.

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2.

A party who has not previously objected to disclosure of Protected

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Information to a technical adviser or whose objection has been resolved with respect to

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previously produced Protected Information shall not be precluded from raising an objection to a
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technical adviser at a later time with respect to Protected Information that is produced after the

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time for objecting to such a technical adviser has expired. Any such objection shall be handled in

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accordance with the provisions set forth above in section III.

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IV.

CHALLENGES TO CONFIDENTIALITY DESIGNATIONS

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A.

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The parties shall use reasonable care when designating Protected Information. Nothing in

Use of Reasonable Care and No Waiver

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this Order shall prevent a receiving party from contending that any Protected Information has

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been improperly designated. A receiving party may at any time request that the producing party

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cancel or modify the Protected Information designation with respect to any document or any

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information contained therein.

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B.

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A party shall not be obligated to challenge the propriety of a designation of any category

Objections to Confidentiality Designations

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of Protected Information at the time of production, and a failure to do so shall not preclude a

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subsequent challenge thereto. In the event that a party objects to the designation of Protected

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Information, such a challenge shall be written, shall be served on counsel for the producing party,

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and shall particularly identify the Protected Information that the receiving party contends should

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be designated differently. The parties shall use their best efforts to resolve promptly and

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informally such disputes and shall advise one another of both the factual and legal basis for their

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respective positions. If an agreement cannot be reached, the receiving party shall request that the

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Court cancel or modify a designation. The burden of demonstrating the confidential nature of

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Protected Information shall at all times be and remain on the designating party.

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C.

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Unless otherwise resolved by agreement between the parties, until a determination by the

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Court, the Protected Information at issue shall be treated as having been properly designated and

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subject to the terms of this Order.

Treatment of Protected Information During Challenge to a Designation

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V.

LIMITATIONS ON THE USE OF PROTECTED INFORMATION

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A.

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All Protected Information shall be held in confidence by each person to whom it is

Restrictions on Use of Protected Information

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disclosed, shall be used only for purposes of this litigation, shall not be used for any business

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purpose or in connection with any other legal proceeding, and shall not be disclosed to any person

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who is not entitled to receive such Protected Information as herein provided. All produced

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Protected Information shall be carefully maintained so as to preclude access by persons who are

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not entitled to receive such Protected Information.

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B.

Examinations and Court Filings Concerning Protected Information

Except as may be otherwise ordered by the Court, any person may be examined as a

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witness at depositions and trial and may testify concerning all Protected Information of which

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such person has prior knowledge. Without in any way limiting the generality of the foregoing:

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1.

A present director, officer, and/or employee of a producing party may be

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examined and may testify concerning all Protected Information which has been produced by that

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party and of which the witness has personal knowledge;

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2.

A former director, officer, agent and/or employee of a producing party may

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be interviewed, examined and may testify concerning all Protected Information of which he or

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she has personal knowledge, including any Protected Information that refers to matters of which

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the witness has personal knowledge, which has been produced by that party and which pertains to

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the period or periods of his or her employment; and

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3.

Non-parties may be examined or testify concerning any Protected

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Information of a producing party, which appears on its face or from other documents or testimony

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to have been received from or communicated to the non-party as a result of any contact or

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relationship with the producing party or a representative of the producing party. Any person

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other than the witness, his or her attorney(s), or any person qualified to receive Protected

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Information under this Order shall be excluded from the portion of the examination concerning

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such Protected Information, unless the producing party consents to persons other than qualified

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recipients being present at the examination. If the witness is represented by an attorney who is
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not qualified under this Order to receive such Protected Information, then prior to the

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examination, the attorney must provide a signed statement, in the form of Attachment A hereto,

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that he or she will comply with the terms of this Order and maintain the confidentiality of

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Protected Information disclosed during the course of the examination. In the event that such

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attorney declines to sign such a statement prior to the examination, the parties, by their attorneys,

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shall jointly seek a protective order from the Court prohibiting the attorney from disclosing

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Protected Information.

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4.

Every fact witness shall be informed at the start of a deposition that he or

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she may be shown documents designated as Protected Information in this litigation, and that such

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Protected Information and the contents therein are being furnished to the witness solely for use in

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this litigation. Every fact witness shall be shown a copy of this Order. No fact witness may

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retain any documents designated as Protected Information.

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5.

All transcripts of depositions, exhibits, answers to interrogatories,

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pleadings, briefs, and other documents submitted to the Court that have been designated as

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Protected Information, or which contain information so designated, shall be filed under seal in a

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manner prescribed by the Court for such filings unless the Court orders otherwise. To avoid

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unnecessary sealing of Court records and motion practice relating to sealed filings, any party

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preparing a filing with the Court that may contain Protected Information may identify to the

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producing party or non-party the specific Protected Information at issue and request a waiver of

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the confidentiality protections for that specific Protected Information. Upon receipt of such a

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request to waive confidentiality protections, the producing party or non-party shall respond in

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good faith within twenty-four (24) hours.

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6.

Outside attorneys of record for the parties are hereby authorized to be the

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persons who may retrieve confidential exhibits and/or other confidential matters filed with the

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Court upon termination of this litigation without further order of this Court, and are the persons to

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whom such confidential exhibits or other confidential matters may be returned by the Clerk of the

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Court, if they are not so retrieved. No material or copies thereof so filed shall be released, except

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by order of the Court, to outside counsel of record, or as otherwise provided for hereunder.
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7.

Protected Information shall not be copied or otherwise produced by a

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receiving party, except for transmission to qualified recipients, without the written permission of

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the producing party, or, in the alternative, by further order of the Court. Nothing herein shall,

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however, restrict a qualified recipient from making working copies, abstracts, digests and

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analyses of Protected Information designated CONFIDENTIAL or CONFIDENTIAL –

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OUTSIDE COUNSEL ONLY for use in connection with this litigation, and such working copies,

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abstracts, digests and analyses shall be deemed Protected Information under the terms of this

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Order. Further, nothing herein shall restrict a qualified recipient from converting or translating

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Protected Information designated CONFIDENTIAL or CONFIDENTIAL – OUTSIDE

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COUNSEL ONLY into machine-readable form for incorporation into a data retrieval system used

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in connection with this action, provided that access to that Protected Information, in whatever

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form stored or reproduced, shall be limited to qualified recipients.

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8.

Testimony given at deposition may be designated as Protected Information

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by outside litigation counsel of record by making a statement orally to that effect on the record at

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any time during the deposition. Within fifteen (15) business days of receipt of the final certified

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transcript of any deposition, the producing party may request that the original and all copies of the

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deposition transcript, in whole or in part, be marked CONFIDENTIAL or CONFIDENTIAL –

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OUTSIDE COUNSEL ONLY. Confidential designations shall be made by notifying all parties in

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writing of the specific pages and lines of the transcript that should be treated as Protected

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Information. Deposition transcripts shall be treated by default as CONFIDENTIAL – OUTSIDE

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COUNSEL ONLY until the expiration of the time to make a confidentiality designation unless

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otherwise agreed to by the parties. Any portions so designated shall thereafter be treated in

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accordance with the terms of this Order. Objections to confidentiality designations under this

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paragraph shall be governed by the procedure set forth in section IV above.

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C.

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If a receiving party is reasonably certain that it has disclosed, by inadvertence or

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otherwise, Protected Information to any person or in any circumstance not authorized under this

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Order, the receiving party must immediately: (i) notify in writing the producing party of the
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Unauthorized Disclosure of Protected Information

[PROPOSED] STIPULATED PROTECTIVE ORDER
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unauthorized disclosure(s); (ii) use its best efforts to retrieve all copies of the Protected

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Information; (c) inform the person or persons to whom unauthorized disclosures were made of all

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the terms of this Order; and (d) request that such person or persons execute the confidentiality

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agreement attached hereto as Attachment A. Compliance with this paragraph V.C upon the

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discovery of an unauthorized disclosure of Protected Information is mandatory and shall not

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excuse a violation of this Order by a receiving party or exempt a violating receiving party from

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sanctions pursuant to paragraph V.D below.

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D.

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If any party violates the limitations on the use of Protected Information as described in

Violations

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this section V, the party violating this Order shall be subject to sanctions as ordered by the Court.

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In the event motion practice is required to enforce the limitations on the use of Protected

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Information described in Section V, the prevailing party on such a motion shall be awarded costs,

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expenses, and fees, including attorney or other professional fees, incurred in connection with the

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discovery of the violation and the preparation, filing, and arguing of the motion or any other

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proceedings resulting from the violation.

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VI.

NON-PARTY USE OF THIS PROTECTIVE ORDER

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A.

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A non-party producing Discovery Material voluntarily or pursuant to a subpoena or a

Purpose

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court order may designate such Discovery Material as Protected Information pursuant to the terms

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of this Protective Order.

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B.

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A non-party’s use of this Protective Order to protect its Protected Information does not

Non-Party Access

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entitle that non-party access to the Protected Information produced by any party or non-party in

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this case.

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VII.

NO WAIVER OF PRIVILEGE

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Nothing in this Protective Order shall require production of Discovery Material that a

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party contends is protected from disclosure by the attorney-client privilege, the work product

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immunity, common interest doctrine, or other privilege, doctrine, right, or immunity (collectively
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“Privileged Information”). In accordance with Rule 502 of the Federal Rules of Evidence, the

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parties hereby stipulate, and the Court orders that no inadvertent or unintentional production of

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Privileged Information shall prejudice the producing party or otherwise constitute a waiver or

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estoppel as to any such privilege, doctrine, right or immunity. Disclosures among defendants’

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attorneys of work product or other communications relating to issues of common interest shall not

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effect or be deemed a waiver of any applicable privilege or protection from disclosure. Any party

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that inadvertently produces Privileged Information may obtain the return of those materials by

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promptly notifying the recipient(s) and expressly articulating the basis for the asserted privilege

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or immunity. The recipient(s) shall gather and return all copies of the inadvertently produced

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Privileged Information to the producing party, or certify to the producing party that they have

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been destroyed and/or deleted. Notwithstanding this provision, outside litigation counsel of

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record are not required to delete inadvertently produced Privileged Information that may reside on

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their respective firm’s electronic back-up systems that are over-written in the normal course of

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business, provided such inadvertently produced Privileged Information is not used for any other

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purpose following counsel’s receipt of the producing party’s notice that the Privileged

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Information should not have been produced. Disputes regarding whether Discovery Material is

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discoverable or not discoverable shall be resolved in the same manner as disputes regarding

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whether Discovery Material that has been produced qualifies as Protected Information, subject to

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the terms of this section VII.

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VIII. MISCELLANEOUS PROVISIONS

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A.

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Any of the notice requirements herein may be waived, in whole or in part, but only in

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Waiver

writing signed by the attorney-in-charge for the party against whom such waiver will be effective.

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B.

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Inadvertent or unintentional production of documents or things containing Protected

Inadvertent or Unintentional Production

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Information that are not designated as one of the categories of Protected Information at the time

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of production shall not be deemed a waiver in whole or in part of a claim for confidential

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treatment. With respect to documents, the producing party shall immediately upon discovery
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notify the other parties of the error in writing and provide replacement pages bearing the

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appropriate confidentiality legend. In the event of any disclosure of Protected Information other

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than in a manner authorized by this Protective Order, including any unintentional or inadvertent

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disclosure, counsel for the party responsible for the disclosure shall immediately notify opposing

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counsel of all of the pertinent facts, and make every effort to prevent further unauthorized

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disclosure including, retrieving all copies of the Protected Information from the recipient(s)

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thereof, and securing the agreement of the recipients not to further disseminate the Protected

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Information in any form. Compliance with the foregoing shall not prevent the producing party

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from seeking further relief from the Court. Compliance with this paragraph VIII.B shall not

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excuse a violation of this Order or exempt a violating party from sanctions pursuant to paragraph

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V.D above.

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C.

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Within sixty (60) business days after the entry of a final non-appealable judgment or

Conclusion of Litigation

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order, or the expiration of the deadline for any party to appeal any final judgment or order, or the

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complete settlement of all claims asserted against all parties in this action, each party shall, at the

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option of the producing party, either return or destroy all physical objects and documents which

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embody Protected Information it has received, and shall destroy in whatever form stored or

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reproduced, all physical objects and documents, including but not limited to, correspondence,

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memoranda, notes and other work product materials, which contain or refer to any category of

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Protected Information. All Protected Information not embodied in physical objects and

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documents shall remain subject to this Order. In the event that a party is dismissed before the

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entry of a final non-appealable judgment or order, this same procedure shall apply to any

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Protected Information received from or produced to the dismissed party. Notwithstanding this

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provision, outside litigation counsel of record are not required to delete Protected Information that

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may reside on their respective firm’s electronic back-up systems that are over-written in the

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normal course of business. Notwithstanding the foregoing, outside counsel shall be entitled to

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maintain two (2) copies of all pleadings, motions and trial briefs (including all supporting and

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opposing papers and exhibits thereto), written discovery requests and responses (and exhibits
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thereto), deposition transcripts (and exhibits thereto), trial transcripts, and exhibits offered or

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introduced into evidence at any hearing or trial, and their attorney work product which refers or is

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related to any Protected Information designated CONFIDENTIAL or CONFIDENTIAL –

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OUTSIDE COUNSEL ONLY for archival purposes only. If a party opts to destroy Protected

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Information designated CONFIDENTIAL or CONFIDENTIAL – OUTSIDE COUNSEL ONLY,

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the party must provide a Certificate of Destruction to the producing party.

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D.

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If at any time documents containing Protected Information are subpoenaed by any court,

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arbitral, administrative or legislative body, or are otherwise requested in discovery, the person to

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whom the subpoena or other request is directed shall immediately give written notice thereof to

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every party or non-party who has produced such documents and to its counsel, and shall provide

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each such party with an opportunity to object to the production of such documents. If a

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producing party does not take steps to prevent disclosure of such documents within ten (10)

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business days of the date written notice is given, the party to whom the referenced subpoena is

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directed may produce such documents in response thereto, but shall take all reasonable measures

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to have such documents treated in accordance with terms of this Protective Order.

Subpoenas

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E.

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Testifying experts shall not be subject to discovery of any draft of their reports in this case

Communications with Testifying Experts

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and such draft reports, notes, outlines, or any other writings leading up to an issued report(s) in

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this litigation are exempt from discovery. In addition, all communications between counsel for a

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party and that party’s testifying expert, and all materials generated by a testifying expert with

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respect to that person’s work, are exempt from discovery unless they relate to the expert’s

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compensation or identify facts, data or assumptions relied upon by the expert in forming any

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opinions in this litigation and such information is not already disclosed in the expert’s report.

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F.

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No party shall be required to identify on their respective privilege log any document or

Post-Filing Communications

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communication dated on or after the filing of the lawsuit, which absent this provision, the party

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would have been obligated to so identify on said privilege log. The parties shall exchange their
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respective privilege document logs at a time to be agreed upon by the parties following the

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production of documents.

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G.

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This Order is entered without prejudice to the right of any party, either by agreement with

Modification of Protections

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other parties to this action, or by applying to the Court if agreement cannot be reached among

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parties, to extend additional protection, or to reduce or rescind the restrictions of this Order, when

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convenience or necessity requires. Furthermore, without application to the Court, any party that

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is a beneficiary of the protections of this Order may enter a written agreement releasing any other

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party hereto from one or more requirements of this Order even if the conduct subject to the

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release would otherwise violate the terms herein.

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H.

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The identification or agreed upon treatment of certain types of Discovery Material does

No Agreement Concerning Discoverability

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not reflect agreement by the parties that the disclosure of such categories of Discovery Material is

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required or appropriate in this action. The parties reserve the right to argue that any particular

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category of Discovery Material should not be produced.

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I.

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Nothing in this Protective Order shall preclude or impede outside litigation counsel of

No Limitation on Legal Representation

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record’s ability to communicate with or advise their client in connection with this litigation based

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on such counsel’s review and evaluation of Protected Information, provided however, that such

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communications or advice shall not disclose or reveal the substance or content of any Protected

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Information other than as permitted under this Protective Order.

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J.

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Each of the parties agrees to be bound by the terms of this Protective Order as of the date

Agreement Upon Execution

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counsel for such party executes this Protective Order, even if prior to entry of this order by the

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Court.

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K.

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The section headings used in this Order shall be intended for convenience only and shall

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Section Headings

not be deemed to supersede or modify any provisions.
-15[PROPOSED] STIPULATED PROTECTIVE ORDER
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L.

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The United States District Court for the Northern District of California is responsible for

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the interpretation and enforcement of this Stipulated Protective Order. After termination of this

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litigation, the provisions of this Stipulated Protective Order shall continue to be binding except

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with respect to that Discovery Material that becomes a matter of public record. This Court retains

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and shall have continuing jurisdiction over the parties and recipients of the Protected Information

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for enforcement of the provision of this Stipulated Protective Order following termination of this

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litigation. All disputes concerning Protected Information produced under the protection of this

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Stipulated Protective Order shall be resolved by the United States District Court for the Northern

Interpretation, Enforcement and Continuing Jurisdiction

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District of California.

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DATED: March 22, 2012

PERKINS COIE LLP

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By: /s/ Bobbie J. Wilson
BOBBIE J. WILSON

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Attorneys for Defendants
GOOGLE INC. and SLIDE, INC.

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DATED: March 22, 2012

EDELSON MCGUIRE, LLP

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By: /s/ Rafey S. Balabanian
RAFEY S. BALABANIAN

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Attorneys for Plaintiffs NICOLE PIMENTAL
and JESSICA FRANKLIN, individually and
on behalf of all others similarly situated

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DATED: March 22, 2012

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WEISS & LURIE
By: /s/ Jordan L. Lurie
JORDAN L. LURIE

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Attorneys for Plaintiffs NICOLE PIMENTAL
and JESSICA FRANKLIN, individually and
on behalf of all others similarly situated

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: _________________________

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HON. YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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ATTACHMENT A TO THE STIPULATED PROTECTIVE ORDER
FOR THE TREATMENT OF CONFIDENTIAL INFORMATION

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CONFIDENTIALITY AGREEMENT

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1. My name is ________________________________________________________________.

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2. I reside at __________________________________________________________________.

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3. My present employer is _______________________________________________________.

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4. My present occupation or job description is _______________________________________.

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5. I have been engaged as ______________________________________________________ on

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behalf of _______________________________________________________________ in
the preparation and conduct of litigation styled Nicole Pimental and Jessica Franklin,
individually and on behalf of all others similarly situated, v. Google Inc. and Slide, Inc.
6. I have received a copy of the Stipulated Protective Order dated ______, 20__, and I have

carefully read and understand its provisions. I agree to comply with and be bound by all the
provisions of said Order. I understand that I am to retain all copies of any documents
designated as CONFIDENTIAL or CONFIDENTIAL – OUTSIDE COUNSEL ONLY, or
any similar designation, in a secure manner and in accordance with the terms of said Order,
and that all copies are to remain in my personal custody until I have completed my assigned
duties, whereupon the copies and any writings prepared by me containing any information
containing any Protected Information or documents designated CONFIDENTIAL or
CONFIDENTIAL – OUTSIDE COUNSEL ONLY, or any similar designation, are to be
returned to counsel who provided me with such material.
7. I will not divulge Protected Information to persons other than those specifically authorized by

said Order, and I will not copy or use except solely for the purpose of this action, any
Protected Information obtained pursuant to said Order, except as provided in said Order. I
also agree to notify any stenographic or clerical personnel who are required to assist me of the
terms of said Order.
8. In accordance with paragraph III.C of the Order (if applicable), I have attached to this

Confidentiality Agreement my curriculum vitae and any other required information sufficient
to identify my current employer and employment history for the past ten (10) years, and a
listing of cases in which I have testified as an expert at trial or by deposition within the
preceding five (5) years. Further, I certify that I do not currently have, have not previously
had, and am not reasonably likely in the future to develop, a relationship with a competitor of
the producing party that would create a reasonable risk of disclosure, whether intentional or
not, of the Protected Information or any part of it to that competitor.
9. I state under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct.

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-18[PROPOSED] STIPULATED PROTECTIVE ORDER
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By: ______________________________________________

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Executed on ___________, 20____.

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-19[PROPOSED] STIPULATED PROTECTIVE ORDER
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General Order No. 45.X Attestation

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I, Bobbie Wilson, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the

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concurrence to the filing of this document has been obtained from each signatory hereto.

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DATED: March 22, 2012

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PERKINS COIE LLP
By: /s/ Bobbie J. Wilson
BOBBIE J. WILSON

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Attorneys for Defendants
GOOGLE INC. and SLIDE, INC.

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-20[PROPOSED] STIPULATED PROTECTIVE ORDER
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