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Unihan Corp. v. Max Group Corp.

November 17, 2010

UNIHAN CORPORATION, INCORPORATED UNDER THE LAWS OF THE REPUBLIC OF CHINA (TAIWAN), PLAINTIFF,
v.
MAX GROUP CORPORATION, A CALIFORNIA CORPORATION, DEFENDANT.
MAX GROUP CORPORATION, A CALIFORNIA CORPORATION, COUNTERCLAIMANT,
v.
UNIHAN CORPORATION, INCORPORATED UNDER THE LAWS OF THE REPUBLIC OF CHINA (TAIWAN), COUNTERDEFENDANT.



The opinion of the court was delivered by: Rosalyn M. Chapman United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

Action Filed: October 29, 2009

Discovery Cut-Off: January 21, 2011

Motion Cut-Off: April 4, 2011

Trial Date: May 31, 2011

In order to preserve and maintain the confidentiality of certain documents and information to be produced or otherwise made available by the parties or any third parties in this action, Unihan Corporation and Max Group Corporation (hereafter, the "parties") agree and hereby request the Court to enter the following Stipulated Protective Order (the "Protective Order"):

1. Each party may be asked to produce information and/or documents that such party contends are proprietary, confidential and/or reflect business trade secrets. The parties agree that such material reflecting the proprietary, confidential and/or trade secret information shall not be disclosed or permitted to be disclosed to anyone other than those individuals or entities bound by this Stipulated Protective Order (the "Protective Order").

2. The Protective Order governs the treatment and handling of all confidential information and documents including depositions, deposition exhibits, answers to interrogatories, responses to requests for admissions and other written, recorded or graphic matter ("Designated Material") produced by or made available by one party to any other party or by any third parties in this action, pending in the Central District of California, Case No. CV09-7921 MMM RCx ("the Action").

3. All documents or information furnished by a party which it contends is confidential, privileged, proprietary, technical and/or trade secret information shall be designated "CONFIDENTIAL" and/or "ATTORNEYS AND CONSULTANTS ONLY" under this Protective Order. The labeling of a document shall be placed on the document in a manner that will not interfere with its legibility. Labeling the document as "CONFIDENTIAL" and/or "ATTORNEYS AND CONSULTANTS ONLY" on the first page will be sufficient to include all pages of the document within the Protective Order.

4. Subject to the limitations set forth in this Protective Order, Designated Materials may be marked "CONFIDENTIAL" for the purposes of avoiding disclosure of information the Designating Party in good faith believes is confidential, significantly sensitive, which the Designating Party would not normally reveal to third parties except in confidence, or has undertaken with others to maintain in confidence, and/or which is protected by the right to privacy guaranteed by the Federal Constitution, or any applicable State law or Constitution.

5. Subject to the limitations set forth in this Protective Order, a designation of "ATTORNEYS AND CONSULTANTS ONLY" means information, whether or not embodied in any physical medium, which the Designating Party believes in good faith has significant competitive value and which, if disclosed to the requesting party or third parties, could cause competitive harm to the Designating Party. Such information must not be generally known to third parties or the public and is limited to information that the Designating Party would not normally reveal to third parties except in confidence, or has undertaken with others to maintain in confidence. Information may also be designated "ATTORNEYS AND CONSULTANTS ONLY" if the Designating Party believes in good faith that the information is significantly sensitive and is protected by the right to privacy guaranteed by the laws of the federal Constitution or any applicable State law or Constitution.

6. With respect to deposition testimony, the designation of "CONFIDENTIAL" and/or "ATTORNEYS AND CONSULTANTS ONLY", subject to the Protective Order, may be made on the record at the time of the deposition at which time the testimony shall be subject to the full protection of this Protective Order. In the case of testimony not so designated during the course of a deposition, counsel may, within ten (10) days of receipt of the transcript of the deposition, notify the parties that the deposition testimony contains Designated Material, in which case the testimony shall be subject to the full protections of the Protective Order. Until the expiration of the aforementioned ten day period, all deposition transcripts and the information contained therein shall be deemed "CONFIDENTIAL" and/or "ATTORNEYS AND CONSULTANTS ONLY" subject to the Protective Order.

7. Materials designated CONFIDENTIAL may be disclosed only to the following:

(a) Persons who appear on the face of Designated Materials marked "CONFIDENTIAL" as an author, addressee, or recipient thereof and any Outside Counsel of such author, addressee or recipient that has become counsel of record in the Action or has agreed to the terms of this Protective Order and to be subject to the jurisdiction of the Court in the Action for the purposes of enforcing the rights and obligations contained in, and remedies arising, from this Protective Order. Any such review of materials designated CONFIDENTIAL pursuant to this Protective Order must be in the presence of and under the supervision of Outside Counsel and all originals and any copies shall remain exclusively in the possession of Outside Counsel. Further, any written notes, compilations or reviews of materials designated CONFIDENTIAL made by persons failing under this subsection shall remain in the possession of Outside Counsel;

(b) "Outside Counsel" (which means and is defined as counsel of record, including the partners, associates, agents (including stenographic, videographic and support personnel) and employees of counsel of record, except for agents who have been retained or employed by Outside Counsel as Outside Consultants to assist in the preparation of this Action) for the parties to this action to the extent reasonably necessary to render professional services in this Action. Unless otherwise expressly provided through stipulation or order, Outside Counsel shall include only the law firms of Koorenny & Teitelbaum LLP on behalf of Max Group Corporation and Structure Law Group LLP on behalf of Unihan Corporation. Upon the filing of a document associating or substituting counsel as counsel of record for a party in this Action, such counsel shall also qualify as Outside Counsel under this subsection, provided that any counsel that has withdrawn as counsel of record for any party confirms in writing to all other counsel of record that it is no longer in possession of any Designated Material, with the exception of pleadings, attorney and consultant work product, deposition transcripts and exhibits containing Designated Material, as well as one copy of each item of Designated Material for archival purposes, and provided that the new counsel of record stipulates to be bound by the terms and obligations of this Protective Order;

(c) "Outside Consultants" including non-party experts and consultants retained or employed by Outside Counsel to assist in the preparation of, and/or to provide testimony in the case, to the extent reasonably necessary to render professional services in this Action;

(d) The parties to this action and their officers, directors and/or employees of the Parties to this Protective Order not to exceed 5 in number, on a reasonably necessary basis, provided that no Party or any representative thereof may receive any Designated Material without having first executed a certification in the form of Exhibit A hereto ("Party Designee"). In the event that any Party Designee ceases to be an officer, director and/or employee of that party, the party shall be responsible for ensuring that the Party Designee does not retain any CONFIDENTIAL materials;

(e) Designated Material marked "CONFIDENTIAL" may also be shown to witnesses at deposition or trial, and to the Court and Court personnel; and

(f) Vendors with whom Outside Counsel of record for the parties to this Action have contracted for clerical functions, such as copying of documents or preparation of exhibits.

(g) The Court, Magistrate Judge and court personnel.

8. Except as authorized in this Section, materials Designated "ATTORNEYS AND CONSULTANTS ONLY" may not be disclosed to the parties to this Action, to in-house counsel, if any, or to the officers, directors, or employees of the parties hereto. Materials marked ...


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