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Thomas L. Kelley & Associates, Inc. v. BSN Medical Inc.

January 26, 2009

THOMAS L. KELLEY & ASSOCIATES, INC., A CALIFORNIA CORPORATION; VINCENT ORTEGA, AN INDIVIDUAL, PLAINTIFFS,
v.
BSN MEDICAL INC., A DELAWARE CORPORATION; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Alicia G. Rosenberg United States Magistrate Judge

STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL DOCUMENTS AND INFORMATION

I. PURPOSE

This Protective Order (the "Order") shall apply to the above-captioned action (hereafter "this action"). The parties recognize that preparation and trial of this action may require the discovery of certain business records and other materials from parties and various non-parties, which may be claimed to contain confidential business, commercial, or financial information, as well as confidential personal information. The parties desire to litigate this action without jeopardizing any party's or non-party's respective interests, if any, in the confidentiality of information produced in connection with this litigation.

II. MATERIALS COVERED

Any party or other person may designate all or any part of a document, discovery response, deposition, or other discovery material, including electronic data, which that person or party produces, serves, or provides in connection with this action as "Confidential" or "Confidential -- Attorneys' Eyes Only," as described below. The "Confidential" or "Confidential -- Attorneys' Eyes Only" designation shall include not only material designated as "Confidential" or "Confidential -- Attorneys' Eyes Only," but also the information contained therein, including any extract, chart, summary, note, or copy made of or from the "Confidential" or "Confidential -- Attorneys' Eyes Only" material.

The party or person designating material as "Confidential" or "Confidential -- Attorneys' Eyes Only" shall do so in writing and in doing so thereby represents that the material constitutes a trade secret, confidential research, development, financial or commercial information, or confidential personal information.

III. DISCLOSURE OF DISCOVERY MATERIALS

1. All materials produced in discovery, including, but not limited to, that which is designated "Confidential" or "Confidential -- Attorneys' Eyes Only," shall be disclosed only to those individuals as set forth below, shall be used solely in furtherance of the prosecution or defense of this litigation, shall not be used at any time for any other purpose whatsoever, and shall not be disclosed to or made accessible to any person except as specifically permitted by this Order. Materials produced in discovery which are used at trial will become public absent a separate court order upon written motion and sufficient cause shown.

2. Each person to whom "Confidential" material is disclosed, except the persons identified in §§IV.2(a) and (b) below, shall execute an undertaking in the form annexed hereto as Exhibit A and shall agree to be bound by this Order. Copies of this executed undertaking shall be retained by counsel disclosing the "Confidential" material to such person.

IV. DISCLOSURE OF "CONFIDENTIAL" MATERIALS

1. The attorneys of record are responsible for employing reasonable measures, consistent with this order, to control duplication of, access to, and distribution of copies of "Confidential" or "Confidential -- Attorneys' Eyes Only" materials.

2. Subject to the limitations set forth in §IV.3 and 4, disclosure of "Confidential" materials may be made only to:

a. the Court, its secretaries, clerks, and law clerks in the manner set forth herein;

b. attorneys in the law firms representing a party and in-house counsel for any such party who are actively working on this action, and their secretaries, law clerks, paralegals and legal assistants (this category hereinafter referred to as "Attorneys");

c. any experts, including consultants, who are retained by counsel for any of the parties in this action to assist counsel in this action and any employee of such an expert, provided that the person to whom the "Confidential" material is disclosed has first executed an undertaking in the form annexed hereto as Exhibit A, and shall agree to be bound by this Order (this category hereinafter referred to as "Experts").

d. any executives, officers and key employees of the respective parties to this litigation (or their designated representatives) who are assisting in the prosecution or defense of this litigation, provided that the person to whom the "Confidential" material is disclosed has first executed an undertaking in the form annexed hereto as Exhibit A, and shall agree to be bound by this Order (this category hereinafter referred to as "Key Employees");

e. any person or individual who (i) is testifying as a witness either at a deposition or court proceeding in this action, (ii) is expected to testify as a witness either at a deposition or court proceeding in this action, or (iii) is a witness whose examination the disclosing attorney believes in good faith is necessary for the prosecution or defense of this matter, provided however that such disclosure may only occur for the purpose of assisting the preparation or examination of the witness and after the person to whom the "Confidential" material is to be disclosed has executed an undertaking in the form annexed hereto as Exhibit A, agreeing to be bound by this Order (this category hereinafter referred to as "Witnesses"); and

f. employees of parties involved in one or more aspects of organizing, filing, coding, converting, storing, or retrieving data or designing programs for handling data connected with this action, including the performance of such duties in relation to a computerized litigation support system; and to employees of third-party contractors performing one or more of these functions; provided however that such disclosure may only occur after the person to whom the "Confidential" material ...


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