Broadnet Teleservices, LLC v. Shoutpoint, Inc. et al

Filing 52

PROTECTIVE ORDER, by Magistrate Judge Kathleen M. Tafoya on 9/26/2013. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:12-cv-02921-CMA-KMT
BROADNET TELESERVICES, LLC
Plaintiff,
vs.
SHOUTPOINT, INC., and
VICTORY SOLUTIONS, LLC

Defendants.

DEFENDANTS’ PROPOSED PROTECTIVE ORDER

1.

PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of
confidential, proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation would be
warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
this Stipulated Protective Order (hereinafter “Order”). The parties acknowledge that this
Order does not confer blanket protections on all disclosures or responses to discovery
and that the protection it affords extends only to the limited information or items that are
entitled under the applicable legal principles to treatment as confidential. The parties
further acknowledge, as set forth in Section 12 below, that this Order creates no
entitlement to file confidential information under seal; D.C.COLO.LCivR 7.2 sets forth
the procedures that must be followed and reflects the standards that will be applied
when a Party seeks permission from the court to file material under seal.

2.

DEFINITIONS

2.1

Party. Any Party to this action, including all of its officers, directors,

employees, consultants, retained experts, and outside counsel (and their support
staff).
2.2

Disclosure or Discovery Material.

All items or information,

regardless of the medium or manner generated, stored, or maintained (including,
among other things, testimony, transcripts, or tangible things) that are produced
or generated in disclosures or responses to discovery in this matter.
2.3

“CONFIDENTIAL” Information or Items. Information (regardless of

how generated, stored or maintained) or tangible things that a Party believes in
good faith qualifies for protection under F.R.Civ.P. 26(c) or are maintained as
confidential in the ordinary course of business.
2.4

“HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES

ONLY” Information or Items.

Extremely sensitive confidential information or

items, including, customer information, financial information, agreements, and
information or documents related to development and testing of products, and
other information that a Party believes in good faith could be used by a
competitor to harm its business or cause serious injury.
2.5

Receiving Party.

A Party that receives Disclosure or Discovery

Material from a Producing Party.
2.6

Producing Party. A Party or non-party that produces Disclosure or

Discovery Material in this action.

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2.7

Designating Party. A Party or non-party that designates information

or items as Protected Material.
2.8

Protected Material. Any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – OUTSIDE
ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL SOURCE CODE –
RESTRICTED ACCESS ONLY.”
2.9

Outside Counsel. Attorneys who are not employees of a Party and

who are retained as counsel of record to represent a Party in this action (as well
as their support staff).
2.10

In-House Counsel. Attorneys who are employees of a Party.

2.11

Counsel (without qualifier).

Outside Counsel and In-House

Counsel (as well as their support staffs).
2.12

Expert. A person with specialized knowledge or experience in a

matter pertinent to the litigation who has been retained by a Party or its counsel
to serve as an expert witness or as a consultant in this action, and who is not a
past or a current employee of a Party and who, at the time of retention, is not
anticipated to become an employee of a Party. This definition includes a
professional jury or trial consultant retained in connection with this litigation.
2.13

Professional Vendors.

Persons or entities that provide litigation

support services (e.g., photocopying; transcribing; videotaping; translating;
preparing of exhibits or demonstrations; organizing, storing, retrieving data in any
form or medium; etc.) and their employees and subcontractors.

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3.

SCOPE

The protections conferred by this Order cover not only Protected Material (as
defined above), but also any information or metadata copied or extracted there from, as
well as all copies, excerpts, summaries, or compilations thereof, plus testimony,
conversations, or presentations by parties or counsel to or in court or in other settings
that might reveal Protected Material.
4.

DURATION

Even after the termination of this litigation, the confidentiality obligations imposed
by this Order shall remain in effect until a Designating Party agrees otherwise in writing
or a court order otherwise directs.
5.

DESIGNATING PROTECTED MATERIAL

5.1

Exercise of Restraint and Care in Designating Material for

Protection.

Each Party or non-party that designates information or items for

protection under this Order must take care to limit any such designation to
specific material that qualifies under the appropriate standards. A Designating
Party must take care to designate for protection only those parts of material,
documents, items, or oral or written communications that qualify – so that other
portions of the material, documents, items, or communications for which
protection is not warranted are not swept unjustifiably within the ambit of this
Order.
If it comes to a Party’s or a non-party’s attention that information or items
that it designated for protection do not qualify for protection at all, or do not

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qualify for the level of protection initially asserted, that Party or non-party must
promptly notify all other parties that it is withdrawing the mistaken designation.
5.2

Manner and Timing of Designations. Except as otherwise provided

in this Order (see, e.g., third paragraph of section 5.2(a), below), or as otherwise
stipulated or ordered, material that qualifies for protection under this Order must
be clearly so designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
(a)

for information in documentary form (apart from transcripts of

depositions or other pretrial or trial proceedings), that the Producing Party
affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
OUTSIDE ATTORNEYS’ EYES ONLY” at the top or bottom of each page
that contains protected material.
A Party or non-party that makes original documents or materials
available for inspection need not designate them for protection until after
the inspecting Party has indicated which material it would like copied and
produced. During the inspection and before the designation, all of the
material made available for inspection shall be deemed “HIGHLY
CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.”

After the

inspecting Party has identified the documents it wants copied and
produced, the Producing Party must determine which documents, or
portions thereof, qualify for protection under this Order, then, before
producing the specified documents, the Producing Party must affix the
appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

5

OUTSIDE ATTORNEYS’ EYES ONLY”) at the top or bottom of each page
that contains Protected Material. Utilizing this process, sometimes
referred to as a “quick-peek” procedure, shall not be deemed a waiver or
impairment of any claim of privilege or protection, including but not limited
to the attorney-client privilege, the protection afforded to work-product
materials or the subject matter thereof, or the confidential nature of any
such information.
In the event that a Party or non-party produces Disclosure or
Discovery Material that another Party desires to designate as Protected
Material, the Party so desiring shall, reasonably promptly after the initial
production, notify other Receiving Parties of the designation and the other
Receiving Parties, on timely notification of the designation, must make
reasonable efforts to assure that the material is treated in accordance with
the provisions of this Order. The Party asserting the designation shall also
affix the appropriate legend on a copy of the protected material and
produce it to the other Receiving Parties.
(b)

for testimony given in deposition or in other pretrial or trial

proceedings, that the Party or non-party offering or sponsoring the
testimony identify on the record, before the close of the deposition,
hearing, or other proceeding, as protected testimony, and further specify
any portions of the testimony that qualify as Protected Material.
Alternatively, the transcript of a deposition (or of any other testimony) may
be designated as Protected Material in accordance with this order by

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notifying the opposing party in writing, within thirty (30) days of receipt of
the final transcript, that it contains Protected Material.
All transcripts shall be treated as “HIGHLY CONFIDENTIAL –
OUTSIDE ATTORNEYS’ EYES ONLY” and subject to the Protective
Order until thirty (30) days after the final transcript is received. Any portion
of any transcript that is not designated as Protected Material in
accordance with this paragraph shall not be entitled to protection under
this Order.
(c)

for

information

produced

in

some

form

other

than

documentary, and for any other tangible items, that the Producing Party
affix in a prominent place on the item itself and/or on the exterior of the
container or containers in which the information or item is stored the
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE
ATTORNEYS’ EYES ONLY.” If only portions of the information or item
warrant protection, the Producing Party, to the extent practicable, shall
identify the protected portions, specifying whether they qualify as
“CONFIDENTIAL”

or

as

“HIGHLY

CONFIDENTIAL

–

OUTSIDE

ATTORNEYS’ EYES ONLY.”
5.3

Inadvertent Failures to Designate.

If timely corrected after

discovery by the Producing Party, an inadvertent failure to designate qualified
information or items as Protected Material does not, standing alone, waive the
Designating Party’s right to secure protection under this Order for such material.
If material is appropriately designated as Protected Material after the material

7

was initially produced, the Receiving Party, on notification of the designation,
must make reasonable efforts to assure that the material is treated in accordance
with the provisions of this Order, including reasonable efforts to retrieve and
destroy all copies of the incorrectly designated materials. The receiving Party or
non-party shall have no liability under this Protective Order for reliance on the
incorrect designation, including any disclosure of information contained in the
incorrectly designated Discovery Material consistent with this Protective Order,
prior to receiving written notice of the error.
5.4

Inadvertent Production of Documents (“Claw Back” Provision). The

inadvertent production of any document or information during discovery in this
action shall be without prejudice to any claim that such material is privileged
under the attorney-client privilege, work product doctrine, or other privilege or
immunity, and no party or third person shall be held to have waived any rights by
such inadvertent production. Upon written request by the Producing Party, the
Receiving Party shall: (a) return or destroy the original and all copies of such
documents within seven (7) days, or promptly petition the Court for a
determination whether (i) production is properly inadvertent or (ii) the document
is subject to a claim of privilege, and (b) shall not further disseminate or use such
information for any purpose unless and until the Court has ruled upon the
Producing Party’s claim of privilege.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1

Timing of Challenges. Unless a prompt challenge to a Designating

Party’s confidentiality designation is necessary to avoid foreseeable substantial

8

unfairness, unnecessary economic burdens, or a later significant disruption or
delay of the litigation, a Party does not waive its right to challenge a
confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.
6.2

Meet and Confer. A Party that elects to initiate a challenge to a

Designating Party’s confidentiality designation must do so in good faith and must
begin the process by conferring directly (in voice to voice dialogue; other forms of
communication are not alone sufficient) with counsel for the Designating Party.
In conferring, the challenging Party must explain the basis for its belief that the
confidentiality designation was not proper and must give the Designating Party
an

opportunity

to

review

the

designated

material,

to

reconsider

the

circumstances, and, if no change in designation is offered, to explain the basis
for the chosen designation. A challenging Party may proceed to the next stage
of the challenge process only if it has engaged in this meet and confer process
first.
6.3

Judicial Intervention. A Party that elects to press a challenge to a

confidentiality designation after considering the justification offered by the
Designating Party may file and serve a motion under D.C.COLO.LCivR 7 that
identifies the challenged material and sets forth in detail the basis for the
challenge. Each such motion must include a certification that the movant has
complied with the meet and confer requirements imposed in the preceding
paragraph and must set forth with specificity the justification for the confidentiality
designation that was given by the Designating Party in the meet and confer

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dialogue. The burden of persuasion in any such challenge proceeding shall be
on the Designating Party. Until the Court rules on the challenge, all parties shall
continue to afford the material in question the level of protection to which it is
entitled under the Producing Party’s designation.
7.

ACCESS TO AND USE OF PROTECTED MATERIAL

7.1

Basic Principles.

A Receiving Party may use Protected Material

that is disclosed or produced by another Party or by a non-party in connection
with this case only for prosecuting, defending, or attempting to settle this
litigation. Such Protected Material may be disclosed only to the categories of
persons and under the conditions described in this Order. When the litigation
has been terminated, a Receiving Party must comply with the provisions of
Section 12 (FINAL DISPOSITION) of this Order, below.
All “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL

– OUTSIDE

ATTORNEYS’ EYES ONLY” material shall be stored under the direct control of
Outside Counsel or Experts as defined in this Order, who shall be responsible for
preventing any use or disclosure thereof, except in accordance with the terms of
this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless

otherwise ordered by the Court or permitted in writing by the Designating Party, a
Receiving

Party

may

disclose

any

information

or

CONFIDENTIAL only to:
(a)

The Receiving Party’s Outside Counsel;

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item

designated

Employees or officers of a Party to whom it is reasonably

(b)

necessary to disclose the information for this litigation;
Experts of the Receiving Party to whom disclosure is

(c)

reasonably necessary for this litigation and who have completed Exhibits
A and B to this Order;
(d)

The Court and its personnel;

(e)

Professional Vendors;

(f)

During their depositions, witnesses in the action to whom

disclosure is reasonably necessary for the purposes of questioning.
Pages of transcribed deposition testimony or exhibits to depositions that
reveal Protected Material must be separately bound by the court reporter
and may not be disclosed to anyone except as permitted under this Order;
and
The author of the document or the original source of the

(g)
information.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’

EYES ONLY” Information or Items. Unless otherwise ordered by the Court or
permitted in writing by the Designating Party, a Receiving Party may disclose any
information

or

item

designated

“HIGHLY

CONFIDENTIAL

–

OUTSIDE

ATTORNEYS’ EYES ONLY” only to:
(a)

The

Receiving

Party’s

Outside

Counsel.

Unless

the

Disclosing Party agrees in writing, no attorney who receives “HIGHLY
CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” Information or

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Items in this action may prosecute or supervise in the prosecution of
patents relating to large-scale teleconferencing for the Receiving Party
until after the date of the final resolution of this action, including any
appeals;
(b)

Experts pursuant to the procedures set forth in paragraph

7.4 and who have completed Exhibits A and B to this Order;

(c)

The Court and its personnel;

(d)

Professional Vendors; and

(e)

The author of the document or the original source of the

information.
7.4

Procedures for Approving Disclosure of “HIGHLY CONFIDENTIAL

– OUTSIDE ATTORNEYS’ EYES ONLY” Information or Items to “Experts.”
Unless otherwise ordered by the Court or agreed in writing by the Designating
Party, a Party that seeks to disclose to an Expert any information or item that has
been designated “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
ONLY” first must make a written request to the Designating Party that includes
completed Exhibits A and B to this Order and attaches a copy of the Expert’s
current resume or CV.
A Party that makes a request and provides the information specified in the
preceding paragraph may disclose the subject Protected Material to the identified
Expert unless, within seven (7) days of delivering the request, the Party receives
a written objection from the Designating Party. Any such objection must set forth
in detail the grounds on which it is based.
A Party that receives a timely written objection must meet and confer

12

with the Designating Party (through direct voice to voice dialogue) to try to
resolve the matter by agreement. If no agreement is reached, the Party
seeking to make the disclosure to the Expert may file a motion as
provided in D.C.COLO.LCivR 7 seeking permission from the Court to do so.
Any such motion must describe the circumstances with specificity and set
forth in detail the reasons for which the disclosure to the Expert is
reasonably necessary.
In any such proceeding, the Party opposing disclosure to the Expert
shall bear the burden of proving that the risk of harm that the disclosure
would entail (under the safeguards proposed) outweighs the Receiving
Party’s need to disclose the Protected Material to its Expert.
8.

COMPUTER PROGRAMS.

Proprietary computer software or code may be designated “HIGHLY
CONFIDENTIAL SOURCE CODE – RESTRICTED ACCESS” and shall be
subject to the following additional protective measures to be followed by the
Receiving Party:
8.1

An

encrypted,

electronic

copy

of

computer

programs,

proprietary computer software, or source code (collectively “source code”)
produced in this action pursuant to this Order shall be made available for
inspection on a stand- alone computer at the offices of Outside Counsel
for the P r o d u c i n g Party. For the Plaintiff, the producing party office shall
be Holland & Hart, 1800 Broadway, One Boulder Plaza, #300, Boulder,
Colorado. For the Defendants the producing party office shall be Knobbe
Martens Olson & Bear, 2040 Main Stgreet, Suite 1400, Irving, CA 92614.

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The stand-alone computer shall not be connected to any network or
peripheral device, including peripheral storage devices. The source code,
stand- alone computer, and all of its contents shall be treated as
“HIGHLY CONFIDENTIAL SOURCE CODE – RESTRICTED ACCESS
ONLY,” even if no designation is physically affixed thereto.

8.2

Only Outside Counsel of record for the Receiving Party and a

maximum of two (2) specified experts for the Receiving Party qualified under
Paragraph 7.4 of this Order may each review electronically the source code on
the stand alone computer. Unless the Disclosing Party agrees in writing, no
attorney who reviews source code in this action may prosecute or supervise in
the prosecution of patents relating to large-scale teleconferencing for the
Receiving Party until after the date of the final resolution of this action, including
any appeals. Outside counsel and experts shall complete access logs indicating
their names, company or law firm affiliation, and the dates and times that source
code was reviewed.
8.3

No copies of the source code may be made at any time without the

express written consent of the Designating Party. Any agreed copies shall be
labeled

with

unique

production

numbers,

the

designation

“HIGHLY

CONFIDENTIAL SOURCE CODE – RESTRICTED ACCESS ONLY,” and such
copies shall be provided to the Producing Party. Any such agreed copies shall
be kept in a locked room or cabinet by the Outside Counsel or experts authorized
to review such information under Section 8.2, and must be handled in
accordance with Section 12 of this Agreement.

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8.4

Should the electronic copy of the source code become damaged,

the Producing Party shall provide a replacement stand-alone computer in a
reasonable time frame.
9.

NATIVE FILES

When it is necessary to produce native format files (such as .xls files) that cannot
feasibly be labeled “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE
ATTORNEYS’ EYES ONLY,” the transmission e-mail(s), disk(s), and/or letter(s)
accompanying the production of such files shall indicate that the files shall be treated as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
ONLY.”
Copies of native files shall also be produced in a static nature (i.e. .pdf, .txt or
load file) bearing the same Bates Number(s) as the native files. All printouts or tables,
charts, etc. made or derived from any information contained in such native files shall
bear the proper confidentiality designation.
10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED TO BE PRODUCED
IN OTHER LITIGATION

If a Receiving Party is served with a subpoena or an order issued in other
litigation that would compel disclosure of any information or items designated in this
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’
EYES ONLY,” the Receiving Party must so notify the Designating Party, in writing (by email, if possible) immediately and in no event more than seven (7) days after receiving
the subpoena or order. Such notification must include a copy of the subpoena or court
order, and all associated requests.

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The Receiving Party also must immediately inform in writing the Party

who

caused the subpoena or order to issue in the other litigation that some or all the material
covered by the subpoena or order is the subject of this Order. In addition, the Receiving
Party must deliver a copy of this Order promptly to the Party in the other action that
caused the subpoena or order to issue.
The purpose of imposing these duties is to alert the interested parties to the
existence of this Order and to afford the Designating Party in this case an opportunity to
try to protect its confidentiality interests in the court from which the subpoena or order
issued. The Designating Party shall bear the burden and the expense of seeking
protection in that court of its confidential material. Nothing in these provisions should be
construed as authorizing or encouraging a Receiving Party in this action to disobey a
lawful directive from another court.
11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
Protected Material to any person or in any circumstance not authorized under this
Order, the Receiving Party must immediately (a) notify in writing the Designating Party
of the unauthorized disclosures and identify the specific Protected Material at issue, (b)
use its best efforts to retrieve (“claw back”) all copies of the Protected Material, (c)
inform the person or persons to whom unauthorized disclosures were made of all the
terms of this Order, (d) request such person or persons execute the “Acknowledgment
and Agreement to Be Bound” that is attached hereto as Exhibit A, and (e) make all
reasonable efforts to preclude further dissemination or use by the person(s) to whom
disclosure was inadvertently made.

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12.

FILING PROTECTED MATERIAL

Without written permission from the Designating Party or a Court order
secured after appropriate notice to all interested persons, a Party may not file
in the public record in this action any Protected Material. A Party that seeks to
file under seal any Protected Material must comply with D.C.COLO.LCivR 7.2.
13.

FINAL DISPOSITION

Unless otherwise ordered or agreed in writing by the Producing Party,
within forty-five (45) days after the final termination of this action, each Receiving
Party must return or destroy all Protected Material to the Producing Party. As used
in this subdivision, “all Protected Material” includes all copies, abstracts,
compilations, summaries or any other form of reproducing or capturing any of the
Protected Material. Whether the Protected Material is returned or destroyed, the
Receiving Party must submit a written certification to the Producing Party (and,
if not the same person or entity, to the Designating Party) within sixty (60) days
after the final termination of this action that confirms the return or destruction of the
Protected Material. Notwithstanding this provision, Counsel are entitled to retain
an archival copy of all pleadings, motion papers, transcripts, legal memoranda,
correspondence, or attorney work product, even if such materials contain
Protected Material. Any such archival copies that contain or constitute Protected
Material remain subject to this Protective Order as set forth in Section 4
(DURATION), above.
14.

MISCELLANEOUS

14.1

Right to Further Relief. Nothing herein shall prevent any Party

or non-party from seeking additional relief from the Court not specified in this

17

Order, or from applying to the Court for further or additional Protective Orders.
14.2

Right to Assert Other Objections. This Order shall not be

deemed a waiver of:
(a)

Any Party’s right to object to any discovery requests on

any ground;
(b)

Any Party’s right to seek an order compelling discovery

with respect to any discovery request;
(c)

Any Party’s right in any proceeding or action herein to

object to the admission of any evidence on any ground;
(d)

Any Party’s right to use and disclose its own documents

and its own Confidential Information designated as Protected
Material in its sole and complete discretion; or
(e)

The status of any Confidential Information as a trade
secret.

14.3

Days. For

purposes

of

counting

the

number

of

days

pursuant to any provision of this Order, days shall mean calendar days.
14.4

Binding Order. The parties agree to submit this Order for entry

by the Court and to be bound by its terms prior and subsequent to entry
by the Court. Any provision of this Order must be amended when good
cause is shown by the Party wishing to amend.
DATED. Sep 26, 2013
Adobe Date Stamp
BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge
18

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _______________________ [print or type full address], declare under penalty of perjury
that I have read in its entirety and understand the Stipulated Protective Order that was
issued by the United States District Court for the District of Colorado in the case
Broadnet Teleservices, LLC v. Shoutpoint, Inc. and Victory Solutions, LLC, Civil Action
No. 1:12-cv-02921-CMA-KMT. I agree to comply with and to be bound by all the terms
of this Stipulated Protective Order and I understand and acknowledge that failure to
comply could expose me to sanctions and punishment in the nature of contempt. I
solemnly promise that I will hold in confidence and not disclose to anyone not qualified
under the Stipulated Protective Order any “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – OUTSIDE ATTORNEY’S EYES ONLY” information or any portion
or substance thereof provided to me in the course of this litigation except in strict
compliance with the provisions of the Stipulated Protective Order.
I further agree to submit to the jurisdiction of the United States for the District of
Colorado, for the purpose of enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action.
When my services in this matter have been concluded, I will destroy all
materials containing
ATTORNEY’S

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL

–

EYES ONLY” information or any portions or copies, summaries,

abstracts or indices thereof, which come into my possession and documents or things
which I have prepared relating thereto and containing such “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” information.

Pursuant to 28 U.S.C. § 1746, I state under penalty of perjury under the laws of
the United States of America that the foregoing is true and correct.
Date:

City and State where sworn and signed:

Printed name:
[printed name]

Signature:
[signature]
EXHIBIT B

ADDITIONAL EXPERT INFORMATION BEFORE REVIEWING CONFIDENTIAL
INFORMATION

I,

[print or type full address], have been designated

as an expert in the case of Broadnet Teleservices, LLC v. Shoutpoint, Inc. and Victory
Solutions, LLC, Civil Action No. 1:12- cv-02921-CMA-KMT. Pursuant to Section 7.4 of
the Stipulated Protective Order entered in that case, I provide the following information
(information can be provided on separate sheets attached hereto):
1.

My present employer is:

2.

The address of my present employer is:

3.

My present occupation/job description is:

4.

Identity of each person or entity from whom I have received compensation

for work in my area of expertise or to whom I have provided professional services at any
time during the preceding four (4) years:
5.

Identity of all litigation(s) I have provided professional services during the

preceding four (4) years (by name and number of the case, filing date, and location of
court: