The opinion of the court was delivered by: Hon. Gary A. Feess
STIPULATION FOR PROTECTIVE ORDER AND ORDER THEREON
NOTE CHANGES MADE BY COURT
Pursuant to Federal Rule of Civil Procedure 26(c), Plaintiff and Counter-Defendant Universal Studios International, B.V. ("USI") and Plaintiff Universal City Studios Productions LLLP ("UCSP") (collectively "Plaintiffs") and Defendant and Counterclaimant Entertainment Television Network FZE ("ETN") (the parties shall be referred to collectively as the "Parties"), BY AND THROUGH THEIR UNDERSIGNED COUNSEL OF RECORD, HEREBY STIPULATE AND AGREE TO THE REQUEST FOR, AND ENTRY OF, THE FOLLOWING STIPULATED PROTECTIVE ORDER:
1. Parties and third parties may designate any Document, including answers to interrogatories and requests for admissions, documents obtained by inspection of files or facilities or by production of documents, or any portion of any Document, as well as any Transcript and exhibits thereto, produced or filed in this proceeding, as "Confidential" as long as they contain Confidential Information as defined in Paragraph 2 below.
(a) "Document" shall mean any papers, tapes, documents, disks, diskettes, and other tangible things produced by any person in connection with this litigation, and shall include, without limitation, all original written, recorded (sound or video) or graphic matters and all non-identical copies thereof.
(b) "Transcript" shall mean any stenographic or verbatim recording of an interview, sworn statement, deposition, or hearing.
2. For purposes of this Stipulated Protective Order, "Confidential Information" shall mean (1) revenues earned by the Parties in connection with licensing entertainment products in India; (2) costs incurred by the Parties in connection with licensing entertainment products in India; (3) current and future net income realized by the Parties in connection with licensing entertainment products in India; (4) consideration paid by or to the Parties to third parties for licensing and other rights; (5) financial terms of agreements between USI and ENTV or other third parties that concern licensing entertainment products in India; (6) financial records; (7) license agreements with other providers; (8) business plans; and (9) any information otherwise protectable as a trade secret pursuant to Section 3426.1 of the California Civil Code.
3. Confidential Information shall be used only for the purpose of litigation of this action and shall not be used for any other purpose whatsoever.
4. For purposes of this Stipulated Protective Order, "Qualified Persons" shall mean the following:
(a) Counsel for any Party hereto, including in-house counsel, and all partners, associates or of-counsel attorneys of counsel's law firm and all paralegal assistants, stenographic and clerical employees thereof when operating under the direct supervision of such partners, associates or of-counsel attorneys.
(b) Court and Mediator personnel, including stenographic reporters engaged in such proceedings as are necessarily incident to the preparation for trial and/or trial of this action.
(c) Any Party to this action, including but not limited to any partner, employee or representative thereof, who has, prior to the disclosure of any information designated as Confidential, signed the statement attached hereto as Exhibit "A" (which is to be maintained by counsel of record for that Party) attesting to the fact that he or she has reviewed and agreed to be bound by the provisions of this Stipulated Protective Order;
(d) Persons whose depositions are being taken in this action, who have, prior to the commencement of their deposition, signed the statement attached hereto as Exhibit "A" (which is to be made part of the official transcript of that deposition) attesting to the fact that they have reviewed and agreed to be bound by the provisions of this Stipulated Protective Order;
(e) Independent experts or consultants (not regularly employed by or otherwise associated with a Party) who are retained to assist in the handling of this action to furnish technical or expert advice or to give expert testimony at trial, provided that disclosure of Confidential Information to such experts or consultants shall be made only on the following conditions:
(i) Prior to any Confidential Information being disclosed to any expert, consultant or witness, counsel of record shall be required to obtain from said expert, consultant or witness a signed statement, in the form of Exhibit "A" attached hereto (which shall be maintained by counsel of record for that Party), attesting to the fact that the expert, consultant or ...