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Hollywood Foreign Press Association, A California Corporation v. Red Zone Capital Partners Ii

April 27, 2010

HOLLYWOOD FOREIGN PRESS ASSOCIATION, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
RED ZONE CAPITAL PARTNERS II, L.P., A DELAWARE LIMITED PARTNERSHIP; DICK CLARK PRODUCTIONS, INC., A DELAWARE CORPORATION; RED ZONE CAPITAL GP, LLC, A DELAWARE LIMITED LIABILITY COMPANY; RED ZONE CAPITAL MANAGEMENT COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Judge: Hon. Valerie Baker Fairbank

STIPULATED PROTECTIVE ORDER AND ORDER RE: PRIVILEGE LOGS

NOTE CHANGES MADE BY THE COURT.

[PROPOSED] ORDER CV-10-8833 VBF (FMOx)

WHEREAS, pursuant to Federal Rules of Civil Procedure 26(c) and 29, and Local Rule 79-5, the Court deems it appropriate to limit the disclosure of certain confidential information produced in the course of discovery, and the Court, having reviewed and considered the Stipulated Protective Order and Order Regarding Privilege Logs, finds good cause for the entry therof,

NOW, THEREFORE, IT IS HEREBY ORDERED that the terms of the Stipulated Protective Order and Order Regarding Privilege Logs ("Protective Order"), set forth below, are approved and are hereby adopted by the Court and entered on the record.

I.DEFINITIONS

A. "Communicate" means disclose, provide, show, or make available in any way to another person or entity.

B. "CONFIDENTIAL" is a designation that, for purposes of expediency only, may be applied to any Document or thing produced in this action. However, if such designation is challenged, the Designating Party shall bear the burden of showing that such Document or thing constitutes, contains, or reveals its confidential commercial, financial, or personnel information relating to its business, whereby the unrestricted disclosure or dissemination of such information to third parties could adversely impact its business, or other information of a confidential, proprietary, private, or personal nature. Information designated as "CONFIDENTIAL" may be used and communicated only as provided in this Protective Order.

C. "Confidential Information" is any Document or thing designated with the "CONFIDENTIAL" designation provided herein.

D. "Copy" means any reproduction, depiction, or sample of any Document or material, tangible thing, regardless of format, by photographic, scanning, imaging, recording, manual input, or other electronic, magnetic, optical, or manual reproduction means.

E. "Designating Party" means any Party or any third party from whom discovery is sought in this action and who invokes the protections of this Protective Order.

F. "Document" is used in the broadest possible sense as interpreted under the Federal Rules of Civil Procedure and includes, without limitation, any written, printed, graphic, audio, audiovisual or otherwise recorded matter, however produced or reproduced (including without limitation electronically), all "writings," as defined in Federal Rule of Evidence 1001, of any nature, whether on paper, magnetic tape or disk, or other information storage means, including film and computer memory devices, and any electronically stored information.

G. "In-House Counsel" means an employee in the legal department (or the functional equivalent) of a Party whose responsibilities consist of performing legal services for a Party.

H. "Outside Counsel" means outside counsel (including counsel of record) for each Party, including all attorneys, staff, and clerical and support personnel affiliated with or employed by such outside counsel, as well as temporary personnel retained by such law firm(s) to serve as an expert witness, to perform legal or clerical duties, or to provide logistical litigation support; provided that no person who has been, is, or becomes a(n) owner, director, officer, shareholder, partner, member, consultant, or employee of a Party shall be considered Outside Counsel.

I. "Party" means every party to this action and every director, officer, manager, managing entity, management consultant, partner, member, or employee (or the functional equivalent) of every party to this action.

J. "Privilege" or "Privileged" refers to the attorney-client privilege, attorney work-product doctrine, or any other claim of privilege to justify withholding otherwise discoverable information.

K. "Receiving Party" means any Party who has received discovery from any other Party or any third party.

II.DESIGNATION FOR AND METHODS OF PROTECTION

A. Materials Subject to Designation. Any Party or third party from whom discovery is sought may designate any of the following as a form of Confidential Information under the terms of this Protective Order: deposition testimony; written discovery; Documents and things produced pursuant to document production requests or third party subpoenas; expert witness reports; hearing testimony; briefs or argument submitted to the Court or from one Party to another; and facilities or other physical locations made available for inspection (and the material inspected within those facilities or other physical locations).

B. Derivative Materials. Any extract, summary, compilation or other material derived in whole or in part from Confidential Information shall itself be deemed to be Confidential Information, and the dissemination and use thereof shall be governed by this Protective Order.

C. Avoidance of Harm. This Protective Order shall be construed so as to prevent the specific harm that will occur from unauthorized disclosure of the parties' commercially sensitive business, personal and private or other confidential information. By way of example, only, the unauthorized disclosure of the terms of the Parties' production and broadcast licensing agreements for the Golden Globe awards show, would reveal privately negotiated, specialized commercial relationships between the parties or between a party and third-party commercial entities and thus potentially harm those relationships and any economic advantage that they provide. Similarly, the unauthorized disclosure of business planning, strategy, or marketing documents concerning the production and licensing of the Golden Globe awards show may reveal the Parties' commercial goals and commitment to commercial objectives not commonly known by others. Such unauthorized disclosures may destroy the competitive advantage and/or economic value bestowed by such information. The unauthorized disclosure of personal identifiers and private contact information and personnel and internal grievance issues and procedures would harm individuals' personal and privacy interests and cause public embarrassment. Such unauthorized disclosures may also harm the parties' relationships with third parties and compromise the ability of the parties to put on the Golden Globe awards show. The unauthorized disclosure of information regarding high-profile invited guests and attendees of the Golden Globe awards show would harm individual personal and privacy interests and the parties' relationships with those individuals, and may compromise the ability of the parties to put on the Golden Globe awards show.

D. Information Subject to Designation.

1. A party may designate as "CONFIDENTIAL" such Confidential Information, whether in written, oral, electronic, graphic, audiovisual, or any other form, that are not publicly available and that the Designating Party in good faith believes contain:

a. highly sensitive, non-public and confidential commercial information concerning production and broadcast licensing and other agreements related to the Golden Globe awards show. The unauthorized disclosure of this material would reveal privately negotiated, specialized commercial relationships between the parties or between a party and other third-party commercial entities and thus, potentially harm those relationships and any economic advantage that they provide;

b. highly sensitive, non-public and confidential financial statements and information concerning production and broadcast license fees, costs and profits or loss. The unauthorized disclosure of this material would reveal the financial details of a Designating Party's ...


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