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Cytosport, Inc. v. Vital Pharmaceuticals

March 27, 2009

CYTOSPORT, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
VITAL PHARMACEUTICALS, INC., A FLORIDA CORPORATION, DEFENDANT.



STIPULATED PROTECTIVE ORDER

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based upon the Stipulated Motion for Entry of Protective Order by Plaintiff CytoSport, Inc. ("Plaintiff") and Defendant Vital Pharmaceuticals, Inc. ("Defendant"), and for good cause appearing,

IT IS HEREBY ORDERED that a party or a non-party disclosing or producing information, documents, or things in this matter ("producing party") may designate such information, documents, or things as Confidential or Confidential-Attorneys' Eyes Only under the following terms and conditions:

1. Any document, information, or thing may be designated Confidential if it is in good faith determined by the designating party to contain its confidential information, including information in written, oral, electronic, graphic, pictorial, audiovisual, or other form, whether it is a document,*fn1 information contained in a document, item produced for inspection, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise.

2. Any document, information, or thing may be designated Confidential-Attorneys' Eyes Only if it is in good faith determined by the designating party to contain its confidential, information related to any of the following: technical data, research and development information, marketing or other business plans, product or service information, customer information, trade secrets, competitive information, or financial information of the party, or any other information of such sensitivity to warrant Confidential-Attorneys' Eyes Only treatment, including information in written, oral, electronic, graphic, pictorial, audiovisual, or other form, whether it is a document, information contained in a document, item produced for inspection, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise.

3. A designating party may designate any document or other tangible information or thing as Confidential or Confidential-Attorneys' Eyes Only by stamping some conspicuous place thereof with the legend CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY, respectively, or equivalent designation (e.g., just "ATTORNEYS' EYES ONLY"). For example, in the case of a document, a producing party may so mark the first page of a multi-page document or each applicable page. In the case of other tangible items, a producing party may so mark any appropriate location. For example, in the case of a computer disk, a producing party may so mark the disk cover.

4. A non-producing party may designate any document, information, or thing produced

6 during the course of this proceeding, not already designated Confidential or Confidential- Attorneys' Eyes Only, as Confidential or Confidential-Attorneys' Eyes Only as if it were a producing party. However, no plaintiff may designate information produced by any defendant as Confidential or Confidential-Attorneys' Eyes Only, and no defendant may designate information produced by any plaintiff as Confidential or Confidential-Attorneys' Eyes Only.

5. The non-producing party shall accomplish such designation by notifying all parties in writing of the specific item so designated, within ten business days of the production of such document, information, or thing, during which period said items shall be presumed Confidential. At the end of this ten day period, such documents, information, or things not designated as Confidential or Confidential-Attorneys' Eyes Only shall automatically revert to non-Confidential status.

6. A producing party may designate documents, testimony, information, or things disclosed at a deposition of a producing party or one of its present or former officers, directors, employees, agents, or independent experts retained for purposes of this proceeding as Confidential or Confidential-Attorneys' Eyes Only on the record during the deposition or by notifying all parties in writing of the specific item so designated, within fifteen business days of receiving a copy of the deposition transcript, or the specific exhibits or lines and pages of the transcript that are Confidential or Confidential-Attorneys' Eyes Only.

a. If a producing party designates such materials as Confidential or Confidential-Attorneys' Eyes

Only on the record, the court reporter shall indicate on the cover page of the transcript that the transcript includes Confidential or Confidential- Attorneys' Eyes Only information, shall list the pages and lines numbers and/or exhibits of the transcript on or in which such information is contained, and shall bind the transcript in separate portions containing Confidential, Confidential-Attorneys' Eyes Only, and non- Confidential material. Further, during the period in which such Confidential or Confidential-Attorneys' Eyes Only information is discussed during the deposition, any person present during the deposition who is not a Qualified Person, as defined below, or the court reporter, shall be excluded from that portion of the deposition.

b. A deposition transcript and the exhibits thereto shall be presumed Confidential-Attorneys' Eyes

Only in their entirety until fifteen business days after receipt of the transcript by the producing party. If, after the deposition is taken, the producing party designates any portion of the deposition transcript or exhibits as Confidential or Confidential-Attorneys' Eyes Only by giving written notice as described above, all persons receiving notice of such designation shall affix the same to the face of their copy or copies of the transcript. At the expiration of the fifteen day period, the transcript and exhibits shall automatically revert to non-Confidential status, except those portions that have been designated on the record or in writing as Confidential or Confidential-Attorneys' Eyes Only.

c. A non-producing party may designate documents, information, or things disclosed at a deposition as Confidential ...


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