Software Rights Archive, LLC v. Google Inc. et al

Filing 127

AGREED SUPPLEMENTAL PROTECTIVE ORDER. Signed by Magistrate Judge Charles Everingham on 1/26/09. (ch, )

Software Rights Archive, LLC v. Google Inc. et al

Doc. 127

IN T H E UNITED STATES DISTRICT C O U R T F O R T H E E A S T E R N DISTRICT O F T E X A S MARSHALL DIVISION

SOFTWARE RIGHTS ARCHIVE, LLC, Plaintiff, v. GOOGLE, INC., YAHOO! INC., lAC SEARCH & MEDIA, INC.; AOL, LLC; and L YCOS, INC., Defendants.

)

~

~

Civil Action No. 2:07-cv-511 (CE) m R Y TRIAL DEMANDED

j
) ) ) )

AGREED SUPPLEMENTAL PROTECTIVE O R D E R

To expedite the flow o f discovery materials, to facilitate the prompt resolution o f disputes over confidentiality o f certain discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that only materials the parties are entitled to keep confidential are subject to such treatment, and to ensure that the parties are permitted reasonably necessary uses o f such materials in preparation for and in the conduct o f trial, pursuant to FED. R. Cry. P. 26(c), it is HEREBY ORDERED THAT: Documents or other things that are designated CONFIDENTIAL INFORMATION and contain a party's source code or object code may be designated "RESTRICTED CONFIDENTIAL-SOURCE CODE," i f they constitute confidential, proprietary and/or trade secret source code or object code. Other documents or things that include confidential,

proprietary and/or trade secret source code or object code may be designated RESTRICTED CONFIDENTIAL - SOURCE CODE only i f confidential, proprietary and/or trade secret source code or object code cannot reasonably be segregated from the document or thing (all such documents or things referred to in this paragraph collectively, "Source Code"). Nothing in this

I
Dockets.Justia.com

Protective Order shall obligate the parties to produce or relieve the parties from producing any Source Code or constitute an admission that any particular source code or object code is, or is not, discoverable. With respect to the discovery o f Source Code, the Court orders the parties to adhere to the f o l l o w i n g p r o t o c o l :
1. Subject to Defendants' objections, Defendants will produce responsive documents i n

connection with the December 1 0 , 2 0 0 8 Order Granting Joint Motion to Extend Various Scheduling Deadlines, including Defendants' Deadline for Document Production under P.R. 3-4(a) and (b) o f February 13, 2009 and Defendants' Deadline for Document Production under paragraph 3(b) o f the Discovery Order o f May 1 5 , 2 0 0 9 . Source Code w i l l n o t be i n c l u d e d i n t h i s p r o d u c t i o n . 2. Plaintiff will, i n good faith, seek any discovery based o n the documents produced in accordance with (1) above, including but not limited to taking depositions, seeking additional documents, and propounding interrogatories. Defendants will, i n good faith, object or respond timely to P l a i n t i f f s discovery requests, deposition notices and subpoenas. 3. Plaintiff will determine which o f Defendants' modules (or portions o f Defendants' systems), i f any, contain Source Code that i t contends i n good faith should be produced. Plaintiff will identify these modules (or portions o f Defendants' systems) i n writing to Defendants on or before July 17, 2009. P l a i n t i f f s identification o f modules (or portions o f Defendants' systems) shall not constitute an admission as to which modules (or portions o f Defendants' systems) are relevant to the case, but rather shall merely identify the modules (or portions o f Defendants' systems) as to which, as o f that date, Plaintiff believes in good faith it needs access to Source Code. Defendants reserve the right to object to any such identification from Plaintiff. At that time, the parties will attempt in good faith to agree o n reasonable limits as to the manner, location, and quantity with regard to printing o f any o f the production. Nothing herein shall preclude Plaintiff from seeking further discovery relating to Defendants' Source Code or shall obligate Defendants to acquiesce to such discovery. 4. O n o r before July 31, 2009, the parties will file a joint motion to further supplement the Protective Order to address issues and protocols regarding discovery o f Source Code, or o t h e r w i s e notify the C o u r t o f a n y d i s p u t e s r e g a r d i n g the d i s c o v e r y o f Source Code.

2

SIGNED this 26th day of January, 2009.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE