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Aven Cswl, Inc., A California Corporation and v. Higher One

January 21, 2011

AVEN CSWL, INC., A CALIFORNIA CORPORATION AND
DAN G. PETERSON, A CALIFORNIA RESIDENT, PLAINTIFFS,
v.
HIGHER ONE, INC., A DELAWARE CORPORATION,
DEFENDANT.



The opinion of the court was delivered by: The Honorable Phyllis J. Hamilton United States District Judge

ANA TREET ONNECTICUT 498-4400 S D IGGIN AND HURCH C C 265 , (203) EW N W H

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 8 protections on all disclosures or responses to discovery and that the protection it affords from 9 public disclosure and use extends only to the limited information or items that are entitled to 10 confidential treatment under the applicable legal principles. The parties further acknowledge, as 11 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file 12 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

LLP TREET ANA S D HURCH ONNECTICUT 498-4400 IGGIN AND 2. DEFINITIONS C C 265 , (203) AVEN

2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

W H

2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c) or state or federal privacy laws.

EW N

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).

2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other 2 things, testimony, transcripts, and tangible things), that are produced or generated in disclosures 3 or responses to discovery in this matter.

2.6 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 6 7 witness or as a consultant in this action.

2.7 House Counsel: attorneys who are employees of a party to this action.

House Counsel does not include Outside Counsel of Record or any other outside counsel.

2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated wi th a law firm which has appeared on behalf of that party.

498-4400

LLP TREET ONNECTICUT ANA S D IGGIN AND HURCH 16

C C 265 , (203) WAVEN 17

2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support 19 staffs).

H EW N

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 25 organizing, storing, or retrieving data in any form or medium) and their employees and 26 subcontractors. designated as "CONFIDENTIAL." from a Producing Party. (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 9 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 10 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

However, the protections conferred by this Stipulation and Order do not cover the following 12 information: (a) any information that is in the public domain at the time of disclosure to a 13

2.13 Protected Material: any Disclosure or Discovery Material that is

2.14 Receiving Party: a Party that receives Disclosure or Discovery Material

3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material 06508-1832

HURCH 16 C C 265 , WAVEN 17 H

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

ANA TREET D LLP ONNECTICUT 15 S 498-4400 IGGIN AND (203)

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 24 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 25 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 26 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 27

Case No. C 10-3177 PJH EW 18 N

4. DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by action, including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under this Order 6 7 must take care to limit any such designation to specific material that qualifies under the 8 appropriate standards. The Designating Party must designate for protection only those parts of 9 material, documents, items, or oral or written communications that qualify -- so that other 10 portions of the material, documents, items, or communications for which protection is not 11 warranted are not swept unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 14 unnecessarily encumber or retard the case development process or to impose unnecessary expenses ...


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