The opinion of the court was delivered by: Hon. Jacqueline Chooljian United States Magistrate Judge
ORDER ON STIPULATION FOR PROTECTION OF CONFIDENTIAL AND PROPRIETARY INFORMATION [CHANGES MADE BY COURT]
Assigned to: Judge Christina A. Snyder
Assigned to: Magistrate Jacqueline Chooljian
WHEREAS, discovery in this action may involve disclosure of confidential, private, proprietary, trade secret, technical, business, personal and financial information not previously disclosed (hereinafter referred to as "Confidential Information");
WHEREAS, the parties to this action Plaintiffs and Counter-Defendants AGIT GLOBAL, INC. and TZONG IN YEH and Defendant and Counter-Claimant WHAM-O, INC. (collectively, the "Parties") have agreed to be bound by the terms of this Stipulation for Protection of Confidential and Proprietary Information, and the Order thereon ("Order"), and have agreed that the terms and conditions of this Order shall govern the handling of documents, answers to interrogatories, depositions, pleadings, exhibits and other information, regardless of the form in which it is stored and/or exchanged by the parties in this action;
WHEREAS, this Order does not affect any rights and obligations any Party may have regarding use of information or documents it possesses independently of such production, any Party's contractual right to obtain and use any information or documents from another Party, or any contractual right a Party may have to obtain and use any information or documents from another Party;
IT IS HEREBY STIPULATED that the terms of the protective order shall be as follows:
1. This Order shall be applicable to and govern all depositions, documents produced, answers to interrogatories, responses to requests for admissions and all other discovery taken, as well as other information which the disclosing Party designates as Confidential Information hereafter furnished, directly or indirectly, by or on behalf of any Party in connection with this action.
2.1 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff).
2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
2.3 "Confidential" Information or Items: information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under Fed.R.Civ.P. 26(c).
2.4 "Highly Confidential -- Attorneys' Eyes Only" Information or Items: extremely sensitive "Confidential Information or Items" whose disclosure to another Party or nonparty would create a substantial risk of serious injury that could not be avoided by less restrictive means.
2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.
2.7 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential" or "Highly Confidential - Attorneys' Eyes Only."
2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action, as well as non-employee attorneys that represent or advise a Party to the companion action pending in Canada entitled Agit Global, Inc. v. Wham-O, Inc., Canadian Federal Court, case number T-324-08.
2.9 House Counsel: attorneys who are employees of a Party.
2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).
2.11 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is not a past or a current employee of a Party or of a competitor of a Party and who, at the time of retention, is not anticipated to become an employee of a Party or a competitor of a Party. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
DESIGNATION OF CONFIDENTIAL INFORMATION
3. For the purposes of this Order, the actions of a Party's counsel of record shall be deemed to be the actions of that Party. For purposes of this Order, "this Action" means the above-captioned case and such other proceedings not within the jurisdiction of ...