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Capitol Records, LLC v. Bluebeat

September 14, 2010

CAPITOL RECORDS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; CAROLINE RECORDS, INC., A NEW YORK CORPORATION; EMI CHRISTIAN MUSIC GROUP, INC., A CALIFORNIA CORPORATION, PRIORITY RECORDS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; VIRGIN RECORDS AMERICA, INC., A CALIFORNIA CORPORATION; AND NARADA PRODUCTIONS, INC., A WISCONSIN CORPORATION, PLAINTIFFS,
v.
BLUEBEAT, INC., A DELAWARE CORPORATION, DOING BUSINESS AS WWW.BLUEBEAT.COM, MEDIA RIGHTS TECHNOLOGIES, INC., A CALIFORNIA CORPORATION; BASEBEAT, INC., A DELAWARE CORPORATION, DOING BUSINESS AS WWW.BASEBEAT.COM AND HANK RISAN, AN INDIVIDUAL; AND DOES 1 THROUGH 20, DEFENDANT.



The opinion of the court was delivered by: Judge: Hon. John F. Walter

[PROPOSED] AMENDED STIPULATED PROTECTIVE ORDER

Dept.: 16

Pre-Trial Conf.: 11/19/2010 @10:00 am

Trial Date: 12/10/2010

Pursuant to an agreement between Plaintiffs Capitol Records, LLC, Caroline Records, Inc., EMI Christian Music Group, Inc., Priority Records, LLC, Virgin Records America, Inc., and Narada Productions, Inc. (collectively "Plaintiffs"), on the one hand, and Defendants BlueBeat Inc., Media Rights Technologies, Inc., BaseBeat, Inc., and Hank Risan (collectively "Defendants"), on the other hand, and approval of the Court, this Protective Order shall govern the production of Confidential documents, deposition testimony and information in this action.

I. PURPOSE OF THE PROTECTIVE ORDER

The purpose of this Protective Order is to provide a means for limiting access to, and the use and disclosure of, Confidential documents, deposition testimony and information produced in this action.

II. DESIGNATION OF CONFIDENTIAL DOCUMENTS, DEPOSITION TESTIMONY AND INFORMATION

Any party or non-party who either produces documents or information, provides written discovery responses or gives deposition testimony in this action may designate such documents, responses, deposition testimony or information as "Confidential Information" or "Restricted Confidential Information" in accordance with the provisions of this Paragraph:

The parties and any non-party shall limit to whatever extent possible designating information as "Confidential Information" or "Restricted Confidential Information"

A. Criteria For Classification

1. "Confidential Information"

A party or non-party may designate documents, deposition testimony or information as "Confidential Information" if the party or non-party making such designation reasonably believes that the documents, deposition testimony or information contains or discloses trade secrets or other confidential technical or commercial information that has not been made public.

2. "Restricted Confidential Information"

A party or non-party may designate documents, deposition testimony or information as "Restricted Confidential Information" if (a) the party or non-party making such designation reasonably believes that the documents, deposition testimony or information satisfy the criteria for designating such documents, deposition testimony or information as "Confidential Information" pursuant to Paragraph II(A)(1) above; and (b) the designating party believes, in good faith, the disclosure of the documents, deposition testimony or information is likely to cause harm to the competitive position of the designating party or non-party holding proprietary rights thereto. Such "Restricted Confidential Information" documents, deposition testimony and information may include, without limitation, source code, trade secrets, confidential technical information, technical practices, methods, or other know-how, minutes of Board meetings, pricing data, financial data, sales information, customer-confidential information, agreements or relationships with non-parties, market projections or forecasts, strategic business plans, selling or marketing strategies or new product development, testing, manufacturing costs or information about employees.

B. Time Of Designation

Unless otherwise agreed between counsel for the parties, the designation of "Confidential Information" or "Restricted Confidential Information" shall be made at the following times:

1. For documents or things, prior to providing the receiving party with a copy of any requested document or thing. Documents and things produced for inspection shall be inspected only by persons entitled to receive "Restricted Confidential Information" pursuant to Paragraph III(B) below. Between the time of inspection and the time of receipt of a copy of any requested document or thing, the information contained therein shall be treated as "Restricted Confidential Information" and shall not be disclosed or used, except in accordance with the provisions of this Protective Order governing "Restricted Confidential Information";

2. For declarations, written discovery responses, and pleadings, at the time of the service or filing, whichever occurs first; and

3. For deposition testimony, at the time such deposition testimony is given, by a statement designating the deposition testimony as "Confidential Information" or "Restricted Confidential Information" made on the record or as set forth in Paragraph II(C)(4) below.

To the extent a party or non-party does not timely designate documents, deposition testimony or information as "Confidential Information" or "Restricted Confidential Information" such party or non-party may so designate documents, deposition testimony or information as provided under Paragraph II(D), below.

C. Manner Of Designation

The designation of documents, deposition testimony or information as "Confidential Information" or "Restricted Confidential Information" shall be made in the following manner:

1. For documents, placing the notation "Confidential Information" or "Restricted Confidential Information" on each page of such document containing such "Confidential Information" or "Restricted Confidential Information" information;

2. For tangible items, by placing the notation "Confidential Information" or "Restricted Confidential Information" on the object or container thereof or if impracticable, as otherwise agreed by the parties;

3. For declarations, written discovery responses, court filings or pleadings, by placing the notation "Confidential Information" or "Restricted Confidential Information" both on the face of such document and on any particular designated pages of such document; and

4. For deposition testimony, by orally designating such deposition testimony as being "Confidential Information" or "Restricted Confidential Information" at the time the deposition testimony is given. Thereafter, the original and all copies of the "Confidential Information" or "Restricted Confidential Information" portions of the transcript of any such deposition testimony shall be separately bound and marked by the Court Reporter with the legend "'CONFIDENTIAL INFORMATION' or 'RESTRICTED CONFIDENTIAL INFORMATION.'" Such transcript and deposition testimony shall be disclosed and used only in accordance with the provisions of this Protective Order. At the request of Counsel for the designating party supplying the "Confidential Information" or "Restricted Confidential Information," only persons entitled under Paragraph III(A) hereinafter as to "Confidential Information" and/or Paragraph III(B) hereinafter as to "Restricted Confidential Information" shall be permitted to attend that portion of a deposition wherever or whenever any such "Confidential Information" or "Restricted Confidential Information" of such designating party is used or elicited from the deponent.

In addition to the above, counsel for any party or non-party may designate a deposition as "Confidential Information" or "Restricted Confidential Information" by serving upon counsel for each party a written list of the specific portions as to which such status is claimed. Such written list must be served within ten (10) business days after transmittal to counsel of the transcript of such testimony. All deposition testimony shall be treated as "Restricted Confidential Information" until the expiration of the ten (10) business day period and, if the aforesaid ...


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