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Stussy, Inc. v. Karmaloop

February 25, 2010

STUSSY, INC., PLAINTIFF,
v.
KARMALOOP, INC., DEFENDANT.



The opinion of the court was delivered by: Hon. Robert N. Block

[PROPOSED] STIPULATED PROTECTIVE ORDER

Based upon the parties' Certification Regarding Good Cause and other matters considered by the Court, it appears to the satisfaction of the Court that this is a proper case for issuance of a protective order, pursuant to Rule 26 of the Federal Rules of Civil Procedure, in order to protect any and all private, privileged or confidential information of the parties hereto, as well as the same of any third-party witnesses.

Therefore, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and in accordance with the stipulation of the Parties to this action, and for good cause shown,

IT IS HEREBY ORDERED as follows: During this action, with respect to any information, testimony, documents, or things obtained by any Party to this action in response to any discovery where such items are asserted to contain or comprise any trade secret, confidential, private, privileged or proprietary information, the following procedures shall be employed and the following restrictions shall govern:

DEFINITIONS

1. Party or Parties: The terms "Party" and/or "Parties," as referred to herein, means any of the parties to this action including any officers, directors, employees, and/or agents.

2. Third-Party Witness: The term "Third-Party Witness," as referred to herein, means any third party from whom discovery is sought by way of a subpoena by any Party to this action.

3. Discovery Material: The term "Discovery Material," as referred to herein, means any information, testimony, document or tangible thing, or response to any discovery request provided by any Party to this action or any Third-Party Witness.

PROCEDURES AND RESTRICTIONS

4. Any Party that produces any Discovery Material in this action and has a reasonable basis for claiming that such Discovery Material includes or constitutes confidential and/or proprietary information may designate such Discovery Material as "Confidential" or "Confidential-Attorneys' Eyes Only." All Parties to this action acknowledge and agree that a good-faith attempt shall be made to limit the amount of Discovery Material designated as "Confidential" or "Confidential-Attorneys' Eyes Only." Discovery materials shall be designated "Confidential" only if such material is non-public and there is a reasonable and good-faith belief that such information, if disclosed to the public, is likely to cause actual harm to the designating party's business or competitive position. Discovery materials shall be designated as "Confidential-Attorneys' Eyes Only" only if such material is non-public and there is a reasonable and good-faith belief that such information, if disclosed to the other Party and/or the public, is likely to cause actual and material harm to the designating party's business or competitive position.

a. For documents, materials, or other written Discovery Material, a Party shall designate such as "Confidential" or "Confidential-Attorneys' Eyes Only" by stamping each page or item containing any proprietary and/or confidential information as "Confidential" or "Confidential-Attorneys' Eyes Only."

b. For testimony, a Party shall designate such Discovery Material as "Confidential" or "Confidential-Attorneys' Eyes Only" on the record. Such Party must require the reporter to separately bind and label as "Confidential" or "Confidential-Attorneys' Eyes Only" any portions of the transcript containing any such testimony.

c. For Discovery Material maintained in computer readable or other electronic media such as diskettes, a Party shall designate such as "Confidential" or "Confidential-Attorneys' Eyes Only" by submitting along with the Discovery Material a written statement that it is "Confidential" or "Confidential-Attorneys' Eyes Only." In the event any Party generates a "hard copy" or printout from any such protected, proprietary, or confidential material produced on computer readable or other electronic media, such shall also be considered "Confidential" or "Confidential-Attorneys' Eyes Only" and shall be marked as such by stamping each page containing any proprietary and/or confidential information, to the extent practical.

5. A Party's inadvertent or unintentional failure to designate any Discovery Material as "Confidential" or "Confidential-Attorneys' Eyes Only" shall not be deemed a waiver in whole or in part of that Party's claim of confidentiality, if the disclosing Party takes prompt action after discovering such omission to notify all Parties in ...


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