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Petrella v. Metro-Goldwyn-Mayer

May 6, 2009

PAULA PETRELLA, AN INDIVIDUAL, PLAINTIFF,
v.
METRO-GOLDWYN-MAYER, INC., A CORPORATION; METRO-GOLDWYN MAYER STUDIOS, INC., A CORPORATION; METRO-GOLDWYN-MAYER HOME ENTERTAINMENT, LLC, A LIMITED LIABILITY COMPANY; METRO-GOLDWYN MAYER HOME ENTERTAINMENT DISTRIBUTION CORPORATION, A CORPORATION; UNITED ARTISTS CORPORATION, A CORPORATION; 20TH CENTURY FOX HOME ENTERTAINMENT, LLC, A LIMITED LIABILITY COMPANY; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



JOINT STIPULATION REGARDING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

(See Court Modification of ¶ 13)

Complaint filed: January 6, 2009

Trial Date: January 19, 2010

IT IS HEREBY STIPULATED AND AGREED, by and among the parties identified hereunder, that:

1. This Protective Order governs information given or received through testimony, depositions and/or discovery involved in this action regardless of the origin of such information and regardless of the receipt of such information. In particular, the Parties will be producing certain documents deemed by the parties to be confidential, proprietary and/or trade secret information. The provisions of this Protective Order shall apply to the parties to this action, and any other person producing, receiving, or disclosing material in this action who agrees to be bound by the terms of this Stipulation and Order.

2. The parties to this Protective Order are: (a) plaintiff Paula Petrella represented by her attorney or attorneys who sign hereunder; and (b) defendants METRO-GOLDWYN-MAYER INC. (erroneously sued as "METRO-GOLDWYN-MAYER, INC."), METRO-GOLDWYN-MAYER STUDIOS INC. (erroneously sued as "METRO-GOLDWYN-MAYER STUDIOS, INC."), METRO-GOLDWYN-MAYER HOME ENTERTAINMENT LLC (erroneously sued as "METRO-GOLDWYN-MAYER HOME ENTERTAINMENT, LLC"), MGM HOME ENTERTAINMENT DISTRIBUTION CORP. (erroneously sued as "METRO-GOLDWYN-MAYER HOME ENTERTAINMENT DISTRIBUTION CORPORATION"), UNITED ARTISTS CORPORATION, TWENTIETH CENTURY FOX HOME ENTERTAINMENT LLC (erroneously sued as "20TH CENTURY FOX HOME ENTERTAINMENT, LLC") (collectively "Defendants"), represented by their attorney or attorneys who sign hereunder. An individual or organization that ceases to be a party to this lawsuit is bound to adhere to all obligations arising under and all acts taken pursuant to this protective order prior to the time he, she or it ceases to be a party.

3. The parties may produce during discovery information relating to revenues, profits and financials of the parties, information regarding corporate strategy and other information which they in good faith believe contains or constitutes trade secrets or material non-public, competitively sensitive proprietary or confidential information ("Protected Material"). Protected Material is information which has not been made public and which concerns or relates to the processes, operations, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, amount or source of any income, profits, losses, or expenditures of any persons, firm, partnership, corporation, or other organization, the disclosure of which information may have the effect of causing harm to the competitive position of the person, firm, partnership, corporation, or to the organization from which the information was obtained. The parties believe that secrecy pursuant to this Protective Order is in the public interest and that disclosure of Protected Material would cause serious harm, and desire that such information be protected from unnecessary dissemination.

4. Any individual or organization, including but not limited to any party hereto, that produces information in connection with this case orally during testimony at depositions, in writing through the production of documents or otherwise during pre-trial proceedings which it reasonably believes to be confidential or private in nature may designate such information for protection hereunder, and the information so designated shall be subject to the provisions of this Protective Order.

5. Protected Material may be designated by the party producing it as either: (a) "CONFIDENTIAL" or (b) "CONFIDENTIAL -- ATTORNEYS EYES ONLY."

6. Designation of Protected Material produced through documents or responses to written discovery shall be designated by a notice in writing placed on such a Protected Material when such Protected Material is produced. Any party may designate documents or responses to written discovery as Protected Material at any time after production by serving all parties, through their counsel, with notification of such designation provided that the documents or responses to written discovery are also designated as Protected Material. Failure to designate Protected Material at the time of production shall not be deemed to waive any right to so designate or to preclude any later designation. Upon receipt of notification of designation, counsel in possession of information or materials to be designated shall mark all such information and materials as directed by the designating party. Inadvertent production of privileged materials shall not be deemed to have waived any privilege or immunity with respect to such production or with to other materials or information referred to in the materials produced. The Receiving Party shall take reasonable steps to return the inadvertently produced documents identified and all copies thereof, and certify in writing that it has done so.

7. This Protective Order applies to documents produced by a party or witness, responses to written discovery, including interrogatories, requests for admission and subpoenas, export reports, and deposition testimony and exhibits thereto ("Discovery Materials"). The term "Documents" is defined as every means of recording any form of communication or representation upon any tangible thing, including letters, words, pictures, sounds, or symbols, or combinations thereof, whether recorded by handwriting, printing, photostatic, or photographic means, magnetic impulse, tape, computer disk, CD-ROM or any other form of data storage, data compilation, or mechanical or electronic recording, and all other tangible things, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained, which come within the meaning of "writing" contained in Rule 1001 of the Federal Rules of Evidence, or within the meaning of "document" or "tangible" contained in Rule 32 of the Federal Rules of Civil Procedure.

8. A party ("Designating Party") may designate Discovery Materials, including those produced by third-party witnesses, as "Confidential" or "Confidential-Attorneys' Eyes Only" by:

a. Stamping or inscribing on each page of the pertinent Discovery Materials the words CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS' EYES ONLY.

b. Designating portions of a deposition or deposition exhibits either during the deposition or by written notice to the court reporter and all counsel of record within twenty (20) business days after the reporter sends the transcript or written notice that the transcript is available for review. The court reporter shall be instructed to separately bind the confidential ...


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