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Cyberiansoft v. M.M. Primas Group

July 27, 2009

CYBERIANSOFT PLAINTIFF,
v.
THE M.M. PRIMAS GROUP, INC., AND DOES 1 THROUGH 20 INCLUSIVE, DEFENDANTS.
THE M.M. PRIMAS GROUP, INC. COUNTER-COMPLAINANT,
v.
CYBERIANSOFT, PAUL MAXIMOV, AND DOES 1 THROUGH 20 INCLUSIVE, COUNTER-DEFENDANTS.



The opinion of the court was delivered by: Honorable James V. Selna

[PROPOSED]

STIPULATED PROTECTIVEORDER

STATEMENT OF GOOD CAUSE

Discovery and trial of this case may involve the exchange of confidential information. Such information may include secret business strategies and financial data that is not available to the public. The parties agree that the disclosure of such sensitive information to the public may be detrimental to their respective commercial interests. Therefore, the parties have agreed to enter into this Protective Order.

PROTECTIVE ORDER

WHEREAS, in connection with the above-captioned matter, certain information, documents and things containing trade secrets and other confidential business information within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure may be disclosed by the parties and/or nonparties voluntarily and/or in response to discovery demands;

WHEREAS, it would serve the interests of the parties to conduct discovery relating to this proceeding under a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure;

WHEREAS, the parties have agreed to be bound by the terms of this Stipulation and to present the same for entry as an Order of the Court; and

WHEREAS, the parties agree that nonparties may join in this Protective Order and receive the benefits and be subject to the obligations thereof upon written notice:

IT IS HEREBY STIPULATED AND AGREED THAT:

1. This Protective Order shall apply to all information, documents, testimony and things designated CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEY'S EYES ONLY by the parties, or nonparties, as provided in this Protective Order. As used herein, "Confidential Information" means any information, documents, testimony and things so designated.

2. All Confidential Information is provided solely for the purpose of this litigation between the parties and may not be used for any other purpose, except by leave of court upon noticed motion with notice to all interested parties.

3. Each affidavit or portion thereof, each deposition transcript or portion thereof, each interrogatory answer or portion thereof, each document or portion thereof, each premise or thing or portion thereof, which is deemed by a party or by a nonparty producing same that discloses Confidential Information will be so identified and labeled as either CONFIDENTIAL or HIGHLY CONFIDENTIAL -ATTORNEY'S EYES ONLY as follows:

a. A party or nonparty may designate material CONFIDENTIAL only if it, in concurrence with its counsel and in good faith, deems that a reasonable basis exists for limiting dissemination of the material under the standards of FRCP 26 and contains confidential and/or proprietary commercial information that is not generally available to the public.

b. A party or nonparty may designate material HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY if it, in concurrence with its counsel and in good faith, deems that disclosure of such material to another person or party would be injurious to the commercial interests of the designating entity under the standards of FRCP 26 and contains highly propriety technical or trade secret or business information so that the risk of improper use or disclosure to another party outweighs the right of that party to review such information.

c. In the case of information voluntarily disclosed in these proceedings or disclosed as a result of discovery, the producing party or nonparty will identify and mark Confidential information at the time of disclosure.

d. In the case of a deposition, any party or nonparty may orally designate at the deposition any portion of the testimony as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEY'S EYES ONLY subject to the terms of paragraphs 3(a) and 3(b) above. Further, any party or nonparty may further designate any portion of the deposition transcript as CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEY'S EYES ONLY within 15 days after receipt of the transcript. The party or nonparty making such additional designation shall advise opposing counsel and the Court Reporter of the additional designation by letter making reference to the specific pages and exhibits to be so designated. The Court Reporter shall then conform all materials in his or her possession to reflect such confidentiality designation and bind (or re-bind if necessary) separately those portions of the testimony and/or exhibits designated as Confidential Information and ...


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