Pimental v. Google, Inc. et al

Filing 66

[MODIFIED] STIPULATED PROTECTIVE ORDER re 62 . Signed by Judge Yvonne Gonzalez Rogers on 3/27/12. (fs, COURT STAFF) (Filed on 3/27/2012)

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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]
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.
[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,
Defendants.
This Document Relates to All Actions.

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

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

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
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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

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Order. 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 items

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

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

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

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appropriate documents as CONFIDENTIAL or CONFIDENTIAL – OUTSIDE COUNSEL

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ONLY prior to furnishing copies to the receiving party.
4.

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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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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;
b.

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The following Discovery Material is not Protected Information:
a.

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

Any Discovery Material that the receiving party can show was

already publicly known prior to the disclosure; and,
c.

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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, tangible

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

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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 reasonably

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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.

Information Designated Confidential – Outside Counsel Only
1.

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For purposes of this Order, Protected Information designated

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CONFIDENTIAL – OUTSIDE COUNSEL ONLY shall mean Protected Information that contains

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

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

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designated CONFIDENTIAL – OUTSIDE COUNSEL ONLY includes, but is not limited to: (i)

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marketing, financial, sales, web traffic, research and development, or technical, data or

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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.
2.

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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.
3.

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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.

Purpose

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

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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.

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.

Prior Notice of Intent to Disclose Protected Information to an Advisor

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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.

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D.

Objections to Technical Advisors

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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 party.

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E.

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

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Resolution of Objections to Technical Advisors

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

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provide notice to the objecting party. Except as specifically set forth in the Court’s “Standing

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Order In Civil Cases,” no motions regarding discovery disputes, including disputes over the

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disclosure of Protected Information to a technical adviser, may be filed without prior leave of

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Court. A Party that receives a timely written objection to the disclosure of Protected Information

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to a technical adviser must meet and confer with the objecting party in person to try to resolve the

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matter by agreement within ten (10) days of the written objection. Thereafter, if no agreement is

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reached, the objecting party shall cause to be filed a joint letter brief as provided in Paragraph 8 of

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the Court’s Standing Order in Civil Cases. The joint letter brief must attest that, prior to filing the

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request for relief, counsel met and conferred in person and must concisely summarize those

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remaining issues counsel were unable to resolve, including the reasons advanced for why the

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disclosure of Protected Information to a technical adviser is reasonably necessary, assess the risk

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of harm that the disclosure would entail, and suggest any additional means that could be used to

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reduce that risk. In addition, any such joint letter brief must summarize the reasons advanced by

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the objecting party for its refusal to approve the disclosure. The Court will then advise the parties

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if additional briefing, a telephonic conference, or a personal appearance will be necessary. A

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failure by the objecting party to cause to be filed a joint letter brief within the ten (10) business

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day period, absent an agreement of the parties to the contrary or for an extension of such ten (10)

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business day period, shall operate as an approval of disclosure of Protected Information to the

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technical adviser. The parties agree to cooperate in good faith to shorten the time frames set forth

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in this paragraph if necessary to abide by any discovery or briefing schedules.
F.

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Burden for Objections to Technical Advisors
1.

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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.
2.

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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 previously

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produced Protected Information shall not be precluded from raising an objection to a technical

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adviser at a later time with respect to Protected Information that is produced after the time for

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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.

Use of Reasonable Care and No Waiver

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

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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.

Objections to Confidentiality Designations

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

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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 and explain both the factual and legal basis for the objection to the

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designation. Upon receipt of the written objection, counsel for the producing party shall, within

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five (5) days, provide a written response to the objecting party explaining both the factual and

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legal basis for the designation as Protected Information. The parties shall use their best efforts to

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resolve promptly and informally such disputes. Except as specifically set forth in the Court’s

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“Standing Order In Civil Cases,” no motions regarding discovery disputes, including disputes

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over the designation of Protected Information, may be filed without prior leave of Court. If the

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parties are unable to resolve an objection without court intervention, any request for discovery

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relief must be summarized jointly by the parties in a joint letter brief no longer than four (4) pages

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as provided in the Court’s Standing Order in Civil Cases. The joint letter brief must attest that,

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prior to filing the request for relief, counsel met and conferred in person and must concisely

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summarize those remaining issues that counsel were unable to resolve. The joint letter brief may

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cite to limited and specific legal authority only for resolution of dispositive issues. The joint letter

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brief may not be accompanied by declarations; however any specific excerpt of disputed

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discovery material may be attached. The Court will then advise the parties if additional briefing, a

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telephonic conference, or a personal appearance will be necessary.

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C.

Treatment of Protected Information During Challenge to a Designation

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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.

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V.

LIMITATIONS ON THE USE OF PROTECTED INFORMATION

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A.

Restrictions on Use of Protected Information

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

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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

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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 she

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

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

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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 other

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

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

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Information, unless the producing party consents to persons other than qualified recipients being

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present at the examination. If the witness is represented by an attorney who is not qualified under

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this Order to receive such Protected Information, then prior to the examination, the attorney must

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provide a signed statement, in the form of Attachment A hereto, that he or she will comply with

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the terms of this Order and maintain the confidentiality of Protected Information disclosed during

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the course of the examination. In the event that such attorney declines to sign such a statement

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prior to the examination, the parties, by their attorneys, shall jointly seek a protective order from

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the Court prohibiting the attorney from disclosing 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 retain

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any documents designated as Protected Information.

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5.

Without written permission from the designating party or a court order

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secured after appropriate notice to all interested persons, a party may not file in the public record

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in this action any Protected Information. A party that seeks to file under seal any Protected

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Information must comply with Civil Local Rule 79-5 and General Order 62. Protected

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Information may only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Information at issue. Pursuant to Civil Local Rule 79-5 and General Order 62,

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a sealing order will issue only upon a request establishing that the Protected Information at issue

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is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. To

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

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party 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. If a receiving party’s request to file Protected

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Information under seal pursuant to Civil Local Rule 79 5 and General Order 62 is denied by the

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court, then the Receiving Party may file the information in the public record pursuant to Civil

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Local Rule 79-5(e) unless otherwise instructed by the court.

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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.

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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 analyses

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of Protected Information designated CONFIDENTIAL or CONFIDENTIAL – OUTSIDE

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

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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.
8.

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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.

Unauthorized Disclosure of Protected Information

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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(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.

Violations

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

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

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

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

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

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

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resulting from the violation.

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VI.

NON-PARTY USE OF THIS PROTECTIVE ORDER

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A.

Purpose

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

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

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this Protective Order.

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B.

Non-Party Access

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

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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 or

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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.

Inadvertent or Unintentional Production

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Inadvertent or unintentional production of documents or things containing Protected

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

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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.

Conclusion of Litigation

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

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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.

Subpoenas

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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 producing

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

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the date written notice is given, the party to whom the referenced subpoena is directed may

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produce such documents in response thereto, but shall take all reasonable measures to have such

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documents treated in accordance with terms of this Protective Order.

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E.

Communications with Testifying Experts

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

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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.

Post-Filing Communications

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

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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.

Modification of Protections

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

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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 release

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would otherwise violate the terms herein.

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H.

No Agreement Concerning Discoverability

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

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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.

No Limitation on Legal Representation

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

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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.

Agreement Upon Execution

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

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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.
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L.

Interpretation, Enforcement and Continuing Jurisdiction

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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 for a period of one year. All disputes concerning Protected Information produced under

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the protection of this Stipulated Protective Order shall be resolved by the United States District

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Court for the Northern 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

WEISS & LURIE

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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: March 27, 2012

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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 ________________________________________________________________.
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 _______________________________________.
5. I have been engaged as ______________________________________________________ on

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.

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7. I will not divulge Protected Information to persons other than those specifically authorized by

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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.

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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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By: ______________________________________________

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Executed on ___________, 20____.

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-19[MODIFIED] STIPULATED PROTECTIVE ORDER
Case No. 11-cv-02585-YGR

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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[MODIFIED] STIPULATED PROTECTIVE ORDER
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