Schlumberger Technology Corporation, Inc v. East Charleston, Inc et al

Filing 46

Protective ORDER. Signed by Judge Lucy H. Koh on 2/3/2012. (lhklc2, COURT STAFF) (Filed on 2/3/2012)

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RICHARD C. COFFIN (State Bar No. 70562); [e-mail]
J. THOMAS BOER (State Bar No. 199563); [e-mail]
LAURA S. BERNARD (State Bar No. 197556); [e-mail]
BARG COFFIN LEWIS & TRAPP, LLP
350 California Street, 22nd Floor
San Frnacisco, Califonria 94104-1435
Telephone: [phone]
Fax: [phone]

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Attonreys for Plaintiff
SCHLUMBERGER TECHNOLOGY CORPORATION, INC.
and Third Party Defendant
FAIRCHILD SEMICONDUCTOR CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCHLUMBERGER TECHNOLOGY
CORPORATION, Inc., a Texas corporation
Plaintiff,

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Case No. C 11-02587 LHK
[PROPOSED] STIPULATED
PROTECTIVE ORDER

v.
EAST CHARLESTON, INC., a California
corporation; PACIFIC AMERICAN
MANAGEMENT COMPANY, a California
Limited Liability Corporation
Defendants.

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AND RELATED ACTIONS
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Plaintiff Schlumberger Technology Corporation ("STC"), defendants East Charleston Inc.

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to and petition the Court to enter the following Stipulated Protective Order ("Protective Order").

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The Parties agree that good cause exists to enter into the Protective Order to address the

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production of confidential, proprietary and private information in this action (the "Action") in

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Fairchild Semiconductor Corporation ("Fairchild") (collectively, the "Parties") hereby stipulate

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COFFIN
LEWIS St
TRAPP

("ECI") and Pacific Americna Management Company ("PAMCO") and cross-defendant

order to prevent the disclosure of such information in a manner that would compromise or injure

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the business interests of the Parties.
STIPULATED PROTECTIVE ORDER
Case No. C 11-02587 LHK

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It is hereby ORDERED as follows:

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Purpose. This Protective Order will be applicable to and govenr all

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documents, depositions, information or things produced by a Party or third party in connection

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with this litigation in response to requests for production of documents, requests for inspections

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of things, answers to interrogatories, responses to requests for admissions, naswers to deposition

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questions and all other discovery taken pursuant to the Federal Rules of Civil Procedure, as well

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as testimony adduced at trial, matters in evidence, and other information (hereinafter, "Discovery

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Material") that the disclosing party designates as "Confidential Information."

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2.

Conifdential Information. For the purpose of this Protective Order,

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"Conifdential Information" includes all non-public information or matter related to: confidential

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financial data; corporate acquisition, merger or reorganization documents; proprietary technical

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information and specifications; current or future business and marketing information, plans, nad

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strategies; studies or analyses by intenral or outside experts; confidential information regarding

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assets and liabilities; confidential personnel information; or other commercially or personally

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sensitive or proprietary information. Notwithstanding the foregoing, Confidential Information

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shall not mean information or documents produced or di§closed that are or become, without

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violating this Protective Order, a matter of public record or publicly available by law or

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otherwise. Any Discovery Material designated as "Confidential Information," whether such

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information is provided orally or by a document or in electronic form, shall be maintained as set

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forth in the Protective Order, and shall not be disclosed to any person or entity, except as

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permitted in the Protective Order.

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3.

Designation of Conifdential Information.
a.

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A Party (or, if applicable, non-party) designating Discovery

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designated as "Confidential Information" shall be referred to for purposes of this Protective

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as the "Designating Party." Any Party (or, if applicable, non-party) receiving Discovery Material

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LEWIS&
TRAPP

Material as "Confidential Information" shall be referred to for purposes of this Protective Order

Order as the "Receiving Party."

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STIPULATED PROTECTIVE ORDER
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b.

Counsel for any Designating Party may designate any Discovery

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Material as "Confidential Information" under the terms of this Protective Order only if such

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counsel in good faith believes that such Discovery Material contains such information and is

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subject to protection under Federal Rule of Civil Procedure 26(c). The designation by any

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Designating Party of any Discovery Material as "Confidential Information" will constitute a

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representation that an attonrey for the Designating Party reasonably believes there is a valid basis

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for such designation.

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c.

Any non-party to this Action may designate any Discovery Material

produced by it, whether pursuant to subpoena or by agreement, as "Confidential Information"

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pursuant to the terms of this Protective Order, upon such non-party's execution of a Declaration

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of Compliance with this Protective Order substantially in the form attached to this Protective

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Order as Exhibit A.

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d.

All Discovery Material, whether or not filed or lodged with the

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Court, that a Designating Party contends constitutes "Confidential Information" shall be

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designated by the Designating Party as follows:

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i.

Documents or other tangible Discovery Material shall, at the

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time of their production, be designated by stamping or labeling the same with the legend

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"Confidential Information" on each page of a document or material containing such information.

ii.

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Deposition testimony shall be designated "Conifdential

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seven (7) business days after receiving a copy of the final, hard copy transcript thereof,

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identifying the specific pages thereof designated as "Confidential Information. " In both of the

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foregoing instances, counsel for the Designating Party shall direct that the legend "Conifdential

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Information" be affixed to the portions of the original and all copies of the transcript. The Parties

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may modify this procedure for any particular deposition through agreement on the record at such

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ATTORNEYS
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time of such disclosure, or (ii) by written notice sent to counsel of record for all Parties within

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COFFIN
LEWIS &
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Information" (i) at the taking of the deposition by a statement on the record, by counsel at the

depositions without further order of the C o urt .
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STIPULATED PROTECTIVE ORDER
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iii.

Non-documentary and non-testimonial material, such as oral

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statements, shall be designated as "Confidential Information" at the time of disclosure and

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promptly confirmed in writing.

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e.

Inadvertent failure to designate Discovery Material as "Confidential

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Information" shall not constitute a waiver of such claim and may be corrected by prompt

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supplemental written notice designating such Discovery Material as "Confidential Information."

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The Party receiving such supplemental written notice shall thereafter mark and treat materials so

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designated as "Confidential Information" and such materials shall be fully subject to this

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Protective Order as if they had been initially so designated. A person disclosing Discovery

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Material that is subsequently designated as "Confidential Information" shall in good faith assist

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the Designating Party in retrieving such Discovery Material from all recipients not entitled to

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receive such Discovery Material under the terms of this Protective Order and prevent further

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disclosures except as authorized under the terms of this Protective Order.

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4.

Use of Confidential Information.

a.

Except as the Designating Party or its counsel may otherwise agree

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in writing, or as the Court may otherwise order, all Discovery Material marked or otherwise

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identified as "Confidential Information" and received by any Receiving Party pursuant to this

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Protective Order: (a) shall be disclosed only to such persons and in such manner as set forth in

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this Protective Order; (b) shall be used solely for the purposes of preparation for trial and trial of

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and/or appeal from this Action only; and (c) shall not be used by the Receiving Party for any

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other purposes, including, without limitation, any business or commercial purpose. The

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prohibitions on the use of Confidential Information as set forth in this Protective Order shall

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survive the termination of this Action.

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Counsel for a Receiving Party may disclose or make available any

b.

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from such Discovery Material only to the following persons:

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COFFIN
LEWIS St.
TRAPP

Discovery Material designated as "Confidential Information" and/or any information derived

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Counsel to the Parties in this Action (outside counsel, of

counsel, and in-house counsel, including members of the outside counsel firms, associate
STIPULATED PROTECTIVE ORDER
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attonreys, contract attorneys, paralegals, secretarial staff, clerical and other regular or temporary

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employees);

ii.

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Consultants and vendors of such Counsel to the Parties

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(including trial consultants, jury consultants, and service vendors such as outside copying

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services, outside litigation support services, translations services or graphics, design, or document

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handling services/consultants retained in connection with this Action for purposes of preparing

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demonstrative or other exhibits for deposition, trial, or other court proceedings and excluding

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consulting or testifying subject-matter experts);

iii.

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The Parties and directors or employees of the Parties

assisting counsel for the purposes of this Action;

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iv.

Witnesses or deponents (other than witnesses and deponents

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otherwise covered by (iii) above), and their counsel, during the course of and, only to the extent

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necessary, in preparation for depositions or testimony in this Action;

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v.

Retained experts and expert consultants assisting counsel for

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the Parties in this Action, and only to the extent necessary for the expert or expert consultant to

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prepare a written opinion, to prepare to testify, or to assist counsel in the prosecution or defense

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of this Action;

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vi.

vii.

stipulation of the Designating Party; and

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Any other person only upon order of the Court or upon

for taking depositions;

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Court reporters, videographers nad stenographers employed

viii.

The Court nad its staff and administrative personnel and any

essential personnel retained by the Court.

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The Parties shall take all reasonable and necessary measures to ensure that

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Information unless and until such persons have executed a Declaration of Compliance

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LEWIS SL
TRAPP

the persons described in paragraphs 4(ii) through (vii) above do not view any Confidential

substantially in the form attached to this Protective Order as Exhibit A;

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STIPULATED PROTECTIVE ORDER
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c.

This Protective Order has no effect upon, and shall not apply to, the

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Parties' use of their own Confidential Information for any purpose or impose any restrictions on the

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use or disclosure by a Party of documents, materials, or information designated "Confidential

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Information" if such documents, materials, or information were both lawfully obtained by and

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lawfully retained in the possession of such Party independently of the discovery proceedings in this

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Action.

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5.

Filing Confidential Information. A Party or non-party that seeks to file under

seal any "Confidential Information" must comply with the applicable procedures of this Court.
6.

Challenge to Confidentiality Designation. Unless a prompt challenge to a

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Designating Party's confidentiality designation is necessary to avoid foreseeable substantial

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unfairness, unnecessayr economic burdens, or a later significant disruption or delay of the

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litigation, a Receiving Party does not waive its right to challenge a confidentiality designation by

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electing not to mount a challenge promptly after the Designating Party discloses the designation.

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a.

A Receiving Party that elects to initiate a challenge to a Designating

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Party's confidentiality designation must do so in good faith and must begin the process by

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conferring directly with counsel for the Designating Party. In conferring, the challenging

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Receiving Party must explain the basis for its belief that the confidentiality designation was not

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proper and must give the Designating Party an opportunity to review the designated material, to

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reconsider the circumstances, and, if no change in designation is offered, to explain the basis for

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the chosen designation. A challenging Receiving Party may proceed to the next stage of the

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challenge process only if it first has engaged in this meet and confer process.

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b.

A Receiving Party that elects to press a challenge to a conifdentiality

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accompanied by a competent declaration that affirms that the movant has complied with the meet

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material and sets forth in detail the basis for the challenge. Each such motion must be

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a motion in compliance with all applicable Federal and Local rules that identifies the challenged

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COFFIN
LEWIS &
TRAPP

designation after considering the justification offered by the Designating Party may ifle and serve

and confer requirements imposed in the preceding subparagraph and that (to the extent possible)

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sets forth with specificity the justification for the confidentiality designation that was given by
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the Designating Party in the meet and confer dialogue.

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c.

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

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Designating Party. Until the Court rules on the challenge, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Designating Party'

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designation. This provision applies only to challenge proceedings, and shall not be construed to

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affect the burden of proof for a motion to seal.

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Additional Parties. In the event additional persons or entities become Parties

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to this Action, none of such Parties' counsel, experts or expert consultants retained to assist said

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counsel, shall have access to Confidential Information produced by or obtained from any

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Designating Party until said Party has executed and filed with the Court its agreement to be fully

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bound by this Protective Order.

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Modification. It is the present intention of the Parties that the provisions of

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this Protective Order shall govenr discovery in this Action, but each of the Parties to this

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Protective Order shall be entitled to seek modification of this Protective Order, or relief from it,

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by application to the Court on notice to the other Parties here.

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Duration. The provisions of this Protective Order shall, absent written

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this Action. Within thirty (30) days after receiving notice of the entry of an order, judgment, or

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decree finally disposing of this Action, including the exhaustion of all permissible appeals, all

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persons and entities having received "Confidential Information" Discovery Material, shall either

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make a good faith effort to return such material and all copies thereof (including summaries and

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excerpts) to counsel for the Designating Party or destroy all such "Confidential Information"

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Discovery Material and copies thereof (including summaries nad excerpts) and certify that fact to

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counsel for the Designating Party. Outside counsel for the Parties shall be entitled to retain all

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filings, court papers, deposition and trial transcripts, deposition and trial exhibits, and attonrey

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throughout and atfer the conclusion of this Action, including without limitation any appeals in

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COFFIN
LEWIS Ex.
TRAPP

permission of the Designating Party or further order of the Court, continue to be binding

work product (regardless of whether such materials contain or reference Discovery Materials

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designated as "Confidential Information" by any Designating Party), provided that such outside
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counsel, and employees and agents of such outside counsel, shall not disclose any Confidential

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Information contained or referenced in such materials to any person except pursuant to court

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order or agreement with the Designating Party. All materials, if any, returned to the Parties or

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their counsel by the Court likewise shall be disposed of in accordance with this Paragraph. This

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Court shall have continuing jurisdiction to enforce the terms of this Protective Order, including

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without limitation during any appeals in this Action.

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10.

Legal Obligations. If any person receiving Discovery Material covered by

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this Protective Order (the "Receiving Party") is: (a) subpoenaed in or (b) served with a demand in

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another action to which he, she or it is a party, or (c) served with any other legal process by one

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not a party to this Action seeking Discovery Material that was produced or designated as

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"Conifdential Information" by someone other than the Receiving Party, the Receiving Party shall

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give actual written notice, by hand or facsimile transmission, within five (5) business days of

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receipt of such subpoena, demand, or legal process, to the Designating Party. Nothing in this

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paragraph shall be construed as requiring the Receiving Party or anyone else covered by this

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Protective Order to challenge or appeal any order requiring production of "Confidential

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Information" Discovery Material covered by this Protective Order or to subject such person to

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any penalties for non-compliance with any legal process or order, or to seek any relief from this

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or any Court.

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11.

Enforcement. Any Designating or Receiving Party seeking enforcement of

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this Protective Order against any other Designating or Receiving Party may petition the Court by

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properly noticed motion, pursuant to this Court's rules, including a concise statement of the

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specific relief sought.

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COFFIN
LEWIS &
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ATTORNEYS
LE?

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STIPULATED PROTECTIVE ORDER
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IT IS SO STIPULATED.

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DATED:

BARG COFFIN LEWIS & TRAPP, LLP

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By:
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/s/Laura S. Bernard
Attorneys for Plaintiff
SCHLUMBERGER TECHNOLOGY
CORPORATION, INC. and
Third-Party Defendant
FAIRCHILD SEMICONDUCTOR
CORPORATION

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DATED:

GREBEN & ASSOCIATES

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By:

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/s/Jeff Coyner
Attorneys for Defendants
EAST CHARLESTON, INC. AND
PACIFIC AMERICAN MANAGEMENT
COMPANY

PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: February 3, 2012

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Hon. Lucy H. Koh

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COFFIN
LEWIS &
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STIPULATED PROTECTIVE ORDER
Case No. C 11-02587 LHK

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