ACI Worldwide Corp. v. MasterCard Technologies, LLC et al
Filing
123
PROTECTIVE ORDER. Ordered by Magistrate Judge F.A. Gossett. (GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACI WORLDWIDE CORP.,
)
)
Plaintiff,
)
)
v.
)
)
MASTERCARD TECHNOLOGIES, LLC)
and MASTERCARD INTERNATIONAL )
INCORPORATED,
)
)
Defendants.
)
Case No: 8:14-cv-00031-LSC-FG3
PROTECTIVE ORDER
WHEREAS, discovery in the above entitled litigation will involve the
disclosure of confidential trade secrets, technical know-how, or other
confidential or proprietary research, development, commercial, personal,
financial information or information furnished in confidence by a non-party
(hereinafter individually and collectively referred to as “Designated Material”)
relating to the subject matter of the above-captioned litigation (hereinafter “the
Litigation”), regardless of how generated;
WHEREAS, the named entities of the Litigation (hereinafter the “Parties”
or “Party”) desire to limit the extent of disclosure and use of such Designated
Material, and to protect such Designated Material from unauthorized use and
further disclosure, and wish to insure that no advantage is gained by any Party
through the use of such Designated Material, which could not have been
learned without the discovery in the Litigation.
NOW, THEREFORE, HAVING BEEN STIPULATED AND AGREED by and
between the Parties, through their respective counsel, subject to the approval
of the Court, the Parties request that the following Stipulated Protective Order
pursuant to Fed. R. Civ. P. 26(c) be entered.
1
IT IS HEREBY ORDERED THAT:
1.
This Stipulated Protective Order shall apply to all information,
including but not limited to documents, electronic documents, electronically
stored information, things, exhibits, discovery responses and testimony
designated in good faith as constituting or containing Designated Material by
Parties and non-parties in the Litigation. Any Designated Material produced by
a Party or non-party during the course of the Litigation may be designated by
such Party or non-party as (1) CONFIDENTIAL or (2) HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY under the terms of this Stipulated Protective Order.
2.
For the purposes of this Stipulated Protective Order, Designated
Material designated as CONFIDENTIAL shall be information or tangible things
that the producing Party believes in good faith qualifies for protection under
standards developed under Rule 26(c) of the Federal Rules of Civil Procedure as
non-public confidential and/or proprietary information, whether personal or
business related.
Absent a specific order by this Court, once designated as
CONFIDENTIAL, such Designated Material shall be used by the Parties only in
connection with the Litigation or appeal therefrom, and not for any other
purpose, including business, competitive, or governmental purposes or
functions, and such information shall not be disclosed to anyone except as
provided herein.
3.
Designated Material designated as HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY shall be information that the producing Party
believes in good faith is extremely sensitive confidential information that if
disclosed to another Party or non-party would create a substantial adverse
impact on the producing Party’s business, financial condition, ability to
compete, standing in the industry, or any other risk of injury that could not be
avoided by less restrictive means. Such material includes, without limitation,
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technical or product information not released to the public; confidential
business information, including but not limited to market studies and
analyses, future projections, strategies, forecasts, business plans, and
information concerning business decisions or negotiations; company financial
information and projections in any form that have not been made available to
the public; license agreements and other contractual relationships with third
parties; identification of current, former, or potential customers and vendors;
materials relating to ongoing research and development efforts and future
products; technical materials used solely for internal purposes in connection
with development, production information, engineering information, or sales
training information; source code; and non-public correspondence and
documents relating to the prosecution of any patent applications or any other
proceeding before the United States Patent and Trademark Office or any foreign
patent office. Absent a specific order by this Court, once designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY, such Designated Material shall be
used by the Parties only in connection with the Litigation or appeal therefrom,
and
not
for
any
other
purpose,
including
business,
competitive,
or
governmental purposes or functions, and such material shall not be disclosed
to anyone except as provided herein.
4.
The scope of this Stipulated Protective Order shall be understood
to encompass not only those items or things which encompass CONFIDENTIAL
or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY information, but also
any information derived therefrom and all excerpts and summaries thereof, as
well as testimony and oral conversation related thereto.
5.
Each Party or non-party that designates Designated Material for
protection under this Stipulated Protective Order must limit any such
designation to specific material that qualifies under the appropriate standards.
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The designation of Designated Material as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY for purposes of this Stipulated
Protective Order shall be made in the following manner by the Party or nonparty seeking protection:
a.
In the case of documents, electronic documents, exhibits,
briefs, memoranda, interrogatory responses, responses to requests for
admission, things or other materials (apart from documents and things
made available for inspection, depositions, pretrial or trial testimony) by
affixing the legend CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY, as appropriate, to every page of any document
containing Designated Material at the time such documents are
produced or such information is disclosed, or as soon thereafter as the
Party or non-party seeking protection becomes aware of the confidential
nature of the material disclosed and sought to be protected;
b.
only,
such
For documents and things made available for inspection
documents
and
things
shall
be
considered
HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Upon request for copying
and production by the inspecting Party, the producing Party shall
designate such documents with the appropriate confidentiality marking;
c.
In the case of depositions, pretrial and trial testimony: (i) by
a statement by counsel on the record during such deposition, pretrial or
trial proceeding that the entire transcript or a portion thereof shall be
designated
as
CONFIDENTIAL
or
HIGHLY
CONFIDENTIAL
–
ATTORNEYS’ EYES ONLY, as appropriate, hereunder; or (ii) by written
notice of such designation sent by counsel to all Parties within twentyone (21) calendar days after receipt of the final transcript of the
testimony.
The Parties shall treat all deposition, pretrial and trial
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testimony as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
hereunder until the expiration of twenty-one (21) calendar days after the
receipt of the final transcript.
Until designated otherwise thereinafter,
any confidentiality is waived after the expiration of the twenty-one (21)
days unless otherwise stipulated or ordered. The Parties may modify this
procedure for any particular deposition or proceeding through agreement
on the record at such deposition or proceeding or otherwise by written
stipulation, without further order of the Court;
d.
In
the
case
of
Designated
Material
designated
as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
used during the course of a deposition as a deposition exhibit or
otherwise,
that
portion
of
the
deposition
record
reflecting
such
Designated Material shall be designated pursuant to Subparagraph 5(c)
above, and access thereto shall be limited pursuant to the other terms of
this Stipulated Protective Order; and
e.
Each Party retains the right to subsequently re-designate
documents and to require such documents to be treated in accord with
such designations from the date of the re-designation forward.
6.
Designated Material designated as CONFIDENTIAL, copies of or
extracts therefrom, and compilations and summaries thereof, may be disclosed,
summarized, described, characterized, otherwise communicated, or made
available in whole or in part only to the following persons:
a.
Outside counsel for the Parties.
As used herein, “outside
counsel” shall mean attorneys for the respective firms, including
supporting personnel employed by the attorneys, such as patent agents,
paralegals,
legal
secretaries,
legal
employees.
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clerks,
and
litigation
support
b.
No more than three officers, directors or employees of
Plaintiff, on the one hand, and Defendants collectively, on the other,
whose assistance is needed by outside counsel of record;
c.
Consultants and experts as defined in and pursuant to the
provisions of Paragraph 8 herein;
d.
The Court, jury and court personnel, pursuant to Paragraph
10 herein;
e.
Court reporters, videographers, outside copying, interpreters
or translators, employed in connection with the Litigation;
f.
Graphics or design services retained by counsel for a Party
for purposes of preparing demonstrative or other exhibits for deposition,
trial, or other court proceedings in the Litigation;
g.
Non-technical jury or trial consulting services retained by
counsel for a Party;
h.
The author(s) and all recipients of the document or the
original source of the information, as reflected on the face of the
document or in other documents or testimony; and
i.
Any other person upon order of the Court or upon written
consent of the Party producing.
7.
Designated Material designated as HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY, copies or extracts therefrom, and compilations and
summaries thereof, may be disclosed, summarized, described, characterized,
otherwise communicated or made available in whole or in part only to the
following persons:
a.
Parties’ outside counsel of record in the Litigation, as defined
in Subparagraph 6(a) above;
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b.
Mark Newsom, an ACI Worldwide employee, provided that
Plaintiff (1) provides Mark Newsom with a copy of this Stipulated
Protective Order, and (2) obtains the written agreement of Mark Newsom,
in the form of Exhibit A hereto, to comply with and be bound by the
terms of this Stipulated Protective Order;
c.
Consultants and experts as defined in and pursuant to the
provisions of Paragraph 8 herein;
d.
The Court, jury and court personnel, pursuant to Paragraph
10 herein;
e.
Court reporters, videographers, outside copying, interpreters
or translators, employed in connection with the Litigation;
f.
Graphics or design services retained by counsel for a Party
for purposes of preparing demonstrative or other exhibits for deposition,
trial, or other court proceedings in the Litigation;
g.
Non-technical jury or trial consulting services retained by
counsel for a Party;
h.
The author(s) and all recipients of the document or the
original source of the information; and
i.
Any other person only upon order of the Court or upon
written consent of the producing Party.
Notwithstanding the foregoing, in the event that a Party (the “Challenging
Party”)
believes
that
certain
Designated
Material
designated
HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY by the producing Party requires
review by a Challenging Party’s officers, directors or employees, subject to the
limitations of Paragraph 6(b) herein, counsel for the Challenging Party may
challenge the HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY designation
by submitting a motion to the Court requesting Court authorization for the
7
Challenging Party’s designated officers, directors or employees to have access
to the specific materials at issue, which shall be granted for good cause shown.
Said motion shall be governed by the provisions set forth in NECivR 7.1.
Nothing in this paragraph precludes the Parties from agreeing to permit access
to Designated Materials designated HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY to a Party’s employee or employees without Court involvement.
8.
For purposes of this Stipulated Protective Order only, a consultant
or expert shall be defined as a person who is neither an employee, agent or
representative of a Party (except as set forth in the following sentences), nor
anticipated to become an employee, agent or representative of a Party in the
near future, and who is retained or employed to assist in the preparation for
trial or any other proceeding in the Litigation, whether full or part time, by or
at the direction of counsel for a Party. Mark Newson may serve as a consultant
and/or expert for ACI Worldwide in this Litigation; further, ACI Worldwide may
seek Court approval of an additional and/or different ACI Worldwide employee
or employees to serve as consultant(s) and/or expert(s) by written motion to the
Court. The procedure for having a consultant or expert approved for access to
Designated Material designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL
– ATTORNEYS’ EYES ONLY under this Stipulated Protective Order shall be as
follows:
a.
A Party sponsoring a consultant or expert for access to
Designated Material must:
(1)
provide the consultant or expert with a copy of this
Stipulated Protective Order, and
(2)
obtain the written agreement of the consultant or
expert, in the form of Exhibit A hereto, to comply with and be
bound by the terms of this Stipulated Protective Order.
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Before
providing information designated CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY by a producing Party
pursuant to this Stipulated Protective Order to a consultant or
expert, the Party seeking to disclose the information to a
consultant or expert shall identify the consultant or expert to the
producing Party in writing and provide the producing Party with (a)
an executed Exhibit A, and (b) a written statement setting forth the
consultant’s or expert’s state and county of residence, business
address, employer, job title, curriculum vitae, and past or present
association with any Party, as well as a list of litigation matters for
which the consultant or expert has provided an expert report,
declaration, deposition testimony, or trial testimony during the
preceding five years.
b.
Three (3) court days following the identification specified in
Subparagraph 8(a) (hereinafter “the Identification”), the sponsoring Party
may disclose the information designated CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY under this Stipulated
Protective Order to the identified consultant or expert unless said
sponsoring Party receives a written objection to the Identification, served
by electronic mail to all counsel of record, setting forth in detail the
grounds on which the objection is based. Failure to object within three
(3) court days of the identification shall be deemed a waiver of the
objection. If the sponsoring Party receives such an objection within three
(3) court days of the Identification, the consultant or expert shall be
barred from access to any information designated CONFIDENTIAL or
HIGHLY
CONFIDENTIAL
–
ATTORNEYS’
EYES
ONLY
under
this
Stipulated Protective Order for seven (7) calendar days commencing with
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the receipt by the producing Party of the information required in
Subparagraph (a) above;
c.
If within said seven (7) calendar days, the Parties are unable
to resolve their differences and the opposing Party moves for a further
protective
order
preventing
disclosure
of
information
designated
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
under this Stipulated Protective Order to the identified consultant or
expert, then the Designated Material shall not be provided to said
consultant or expert except by further order of the Court.
Any such
motion for a protective order by the opposing Party must describe the
circumstances and reasons for objection, setting forth in detail the
reasons for which the further protective order is reasonably necessary,
assessing the risk of harm that the disclosure would entail, and suggest
any additional means that might be used to reduce that risk.
The
opposing Party shall bear the burden of proving that the risk of harm
that the disclosure would entail (under the safeguards proposed)
outweighs the seeking Party’s need to disclose the Designated Material to
said consultant or expert;
9.
Any person may be examined as a witness at trial or during a
deposition concerning any Designated Material designated as CONFIDENTIAL
or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY which that person had
lawfully received or authored prior to and apart from the Litigation. During
examination, any such witness may be shown Designated Material designated
as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY that
appears on its face, or from other documents or testimony, to have been
received from, authored by, or communicated to that witness.
Further, if a
person authorized under paragraph 6 above to access Designated Materials
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designated CONFIDENTIAL and/or paragraph 7 above to access Designated
Materials designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY, that
person may be examined as a witness at trial or during a deposition
concerning, among other things, any and all Designated Material to which he
or she has had access. If an expert and/or consultant accesses Designated
Material designated as CONFIDENTIAL and/or HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY under paragraph 8 above, that person may be
examined as a witness at trial or during a deposition concerning, among other
things, any and all Designated Material to which he or she has had access. At
any deposition session, upon any inquiry with regard to the content of a
document marked CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY, or when counsel for a person (Party or non-party) deems that the
answer to a question may result in the disclosure of CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY information of his or her
client within the meaning of this Stipulated Protective Order, counsel for the
person whose CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY information is involved may request that all persons other than the
reporter, counsel, and individuals authorized under Paragraphs 6, 7 and 8
hereof, leave the deposition room during the confidential portion of the
deposition. The failure of such other persons to comply with a request to leave
the deposition shall constitute substantial justification for counsel to advise
the witness that he or she need not answer the question.
10.
Designated Material filed with the Court, or included in briefs,
memoranda or other papers filed with this Court, shall be filed under seal in
accordance with the Local Rules of the United States District Court for the
District of Nebraska.
11
11.
A Party may challenge any other Party’s designation of Designated
Materials produced herein by serving a written objection with a full statement
of its reasons for the challenge upon the producing Party. In the event that a
Party challenges the designation of Designated Material, the designating Party
shall, within fourteen (14) calendar days of such challenge, serve the
challenging party by facsimile or email with a written explanation of the
designation.
Failure to respond within fourteen (14) calendar days to the
designation challenge shall result in de-designation of the material in question.
If an explanation for the designation is offered, the Parties shall first try to
resolve such dispute in good faith on an informal basis. If the dispute cannot
be resolved, the Party challenging the designation may seek relief from the
Court.
The designating Party bears the burden of establishing that the
information was properly designated.
Each such motion shall identify the
challenged material and the basis for the challenge. Until a dispute over the
asserted designation is finally resolved by the Parties or the Court, all Parties
and persons shall treat the Designated Material in question according to its
designation.
12.
All counsel for the Parties who have access to Designated Material
designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY under this Stipulated Protective Order acknowledge they are
bound by this Stipulated Protective Order and submit to the jurisdiction of this
Court for purposes of enforcing this Stipulated Protective Order.
13.
No party shall, merely by entering into, agreeing to, and/or
producing or receiving Designated Material designated as CONFIDENTIAL or
HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY, or otherwise complying
with the terms of this Stipulated Protective Order:
12
a.
Waive any right to object on any ground to the use of any of
the Designated Material covered by this Stipulated Protective Order as
evidence in this Litigation; or
b.
Waive any objection to the disclosure or production of
Designated Material otherwise available on any ground not addressed in
this Stipulated Protective Order.
14.
This Stipulated Protective Order has no effect upon, and shall not
apply to, a Party’s use or disclosure of its own Designated Material for any
purpose, and such use shall not by itself constitute a waiver or de-designation
of the original confidentiality designation.
15.
Nothing contained herein shall impose any restrictions on the use
or disclosure by a Party of Designated Material designated as CONFIDENTIAL
or HIGHLY CONFIDENTIAL– ATTORNEYS’ EYES ONLY obtained lawfully by
such Party independently of any proceedings in this action, or which:
a.
Was already known to such Party by lawful means prior to
acquisition from, or disclosure by, any other Party in this action;
b.
Is or becomes publicly known through no fault or act of such
Party; or
c.
Is rightfully received by such Party from a non-party that
has authority to provide such information or material and without
restriction as to disclosure.
16.
When a Party or non-party gives written notice to a receiving Party
that certain inadvertently produced material is subject to a claim of privilege or
other protection, the obligations of the receiving Party are those set forth in
Federal Rule of Civil Procedure 26(b)(5)(B).
17.
Pursuant to Federal Rule of Evidence 502(d) and (e), the parties’
production of any documents in this proceeding shall not, for purposes of this
13
proceeding or any other proceeding in any other court, constitute a waiver of
any attorney-client privilege or work product protection applicable to those
documents.
18.
If timely corrected, an inadvertent failure to designate qualified
information or items does not, standing alone, waive the designating Party or
non-party’s right to secure protection under this Order for such material. Upon
timely correction of a designation, the receiving Party must make reasonable
efforts to assure that the material is treated in accordance with the provisions
of this Order.
The receiving Party shall notify any person to whom it
communicated such information that the information has been designated
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY and, if
the person to whom it communicated the information is not authorized under
this
Stipulated
Protective
Order
to
view
CONFIDENTIAL
or
HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY material, the receiving Party shall
request that the person to whom it communicated the information to destroy
any document or thing containing the information. The receiving Party shall
notify the producing Party of the identity of the person.
19.
If a Party learns that it has disclosed documents or information, by
inadvertence or otherwise, that were designated CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY to any person or in any
circumstance not authorized under this Stipulated Protective Order, that Party
must
immediately
(1)
notify
in
writing
the
designating
Party
of
the
unauthorized disclosures, (2) use its best efforts to retrieve all copies of the
Designated Material, (3) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this Stipulated Protective Order, and
(4) request such person or persons complete and sign a copy of the
undertaking in the form attached hereto as Exhibit A.
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20.
It is the present intention of the Parties that the provisions of this
Stipulated Protective Order shall govern discovery and other pretrial and trial
proceedings in this action.
Nonetheless, each of the Parties hereto shall be
entitled to seek modification of this Stipulated Protective Order by application
to the Court on notice to the other Parties hereto for good cause shown.
21.
The provisions of this Stipulated Protective Order shall, absent
written permission of the producing Party or further order of the Court,
continue to be binding throughout and after the conclusion of this action,
including without limitation any appeals therefrom. Within sixty (60) calendar
days after receiving notice of the entry of an order, judgment, or decree finally
disposing of this action, including any appeals therefrom, all persons having
received Designated Material designated as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY hereunder shall return such
material and all copies thereof (including summaries and excerpts) to counsel
for the producing Party, or shall certify destruction thereof. Counsel described
in Paragraphs 6(a) and 7(a) above shall be entitled to retain court papers,
deposition and trial transcripts, and attorney work-product (including court
papers, transcripts, and attorney work-product that contain information or
material
designated
as
CONFIDENTIAL
or
HIGHLY
CONFIDENTIAL
–
ATTORNEYS’ EYES ONLY) provided that such counsel, and employees of such
counsel, shall not disclose any such information and material designated as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY
contained in such court papers, transcripts, attorney work-product, or
documents to any person or entity except pursuant to a written agreement with
the producing Party of the information or material. Attorney work product may
be used in subsequent litigation provided that such use does not disclose
15
information or material designated CONFIDENTIAL or HIGHLY CONFIDENTIAL
– ATTORNEYS’ EYES ONLY.
22.
If any Party (a) is subpoenaed in another action, (b) is served with
a demand in another action to which it is a party, or (c) is served with any
other legal process by one not a Party to the Litigation, seeking information or
material which was produced or designated as CONFIDENTIAL or HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY by someone other than the
designating Party or non-party, the Party shall give prompt actual written
notice no more than five (5) court days after receipt of such subpoena, demand,
or legal process, to those who produced or designated the Designated Material
and shall object to its production. Should the person seeking access to the
Designated Material take action against the Party or anyone else covered by
this Stipulated Protective Order to enforce such a subpoena, demand or other
legal process, the Party shall respond by setting forth the existence of this
Stipulated Protective Order. The designating Party shall bear the burdens and
the expenses of seeking protection in the court of its Designated Material, and
nothing in these provisions shall be construed as authorizing or encouraging a
Party in this action to disobey a directive from another court.
23.
The Parties agree that all documents, information, and material
exchanged between the Parties in this action shall be used only in connection
with the Litigation or appeal therefrom, and shall not be used for any other
purpose, including any business, commercial, competitive, personal, or other
purposes, subject to the other terms of this Stipulated Protective Order.
24.
Nothing in this Stipulated Protective Order shall prevent outside
counsel from giving legal advice based on information that has been designated
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,
16
provided such legal advice shall not reveal the substance of any designated
information to a person not authorized to receive it.
25.
By entering this Order and limiting the disclosure of information in
this case, the Court does not intend to preclude another court from finding that
information may be relevant and subject to disclosure in another case. Any
person or party subject to this Order who becomes subject to a motion to
disclose another party’s information designated “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to this Order shall
promptly notify the designating person of the motion so that the designating
person may have an opportunity to appear and be heard on whether the
Designated Material should be disclosed.
26.
The execution of this Order shall not be construed as an
agreement by any person or party to produce or supply any information,
document or thing, or as a waiver by any person or party of the right to object
to the production of any information, document or thing, or as a waiver of any
claim of privilege with regard to the production of any information, document
or thing. In addition, nothing contained in this order shall be construed as an
admission by any party that any document, information or other material
designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY is in fact confidential, proprietary, or a trade secret.
27.
The designation by a party or non-party of any information,
document or other material as CONFIDENTIAL or HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY shall have no evidentiary significance and may not
be used at a hearing or at trial for any purpose. A party’s failure to object to a
producing party’s designation shall likewise have no evidentiary significance
and shall not constitute an admission that the information is confidential,
proprietary, or a trade secret.
17
DATED February 25, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
18
EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ACI WORLDWIDE CORP.,
)
)
Plaintiffs,
)
)
v.
)
)
MASTERCARD TECHNOLOGIES, LLC)
and MASTERCARD INTERNATIONAL)
INCORPORATED,
)
)
Defendant.
)
Case No: 8:14-cv-00031-LSC-FG3
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
UNDERTAKING OF: ________________________________
1.
I reside in:
2.
My present employer, and my business address, is:
3.
My present occupation or job description is:
4.
I have received a copy of the Stipulated Protective Order in the
Litigation.
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5.
I have carefully read and understand the provisions of the
Stipulated Protective Order.
6.
I will comply with all of the provisions of the Stipulated Protective
Order.
7.
I will hold in confidence, will not disclose to anyone not qualified
under the Stipulated Protective Order, and will use only in connection with the
Litigation or appeal therefrom, in strict compliance with the terms and
conditions of the Stipulated Protective Order, any Designated Material which is
disclosed to me.
I acknowledge that termination of the Litigation does not
release me from the obligations set out in this Paragraph.
8.
I will return all Designated Material which comes into my possession,
and documents or things which I have prepared relating thereto, to counsel for
the Party by whom I am employed or retained in strict accordance with the
provisions of the Stipulated Protective Order, or I will destroy all such
Designated Material promptly after I have finished using it for purposes of the
Litigation.
9.
I hereby submit to the jurisdiction of this Court for the purposes of
enforcement of the Stipulated Protective Order in the Litigation.
I declare under penalty of perjury under the laws of the United States
that the foregoing is true and correct. Executed this ___ day of _____________,
2015.
Signature:___________________________
20
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