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Magic Brothers Associate, Inc. v. Koi Group Inc.

April 13, 2011

MAGIC BROTHERS ASSOCIATE, INC. PLAINTIFF,
v.
KOI GROUP INC. DEFENDANT.



The opinion of the court was delivered by: Jacqueline Chooljian United States Magistrate Judge

ORDER GOVERNING THE TREATMENT OF CONFIDENTIAL INFORMATION [CHANGES MADE BY COURT] AND RELATED COUNTERCLAIMS

IT IS HEREBY ORDERED AS FOLLOWS:

1. This Stipulation and Order Governing the Treatment of Confidential Information (the "Stipulated Protective Order") shall govern the disclosure and use of Confidential Discovery Material (as defined below) and all other discovery material as applicable) provided during the course of this Action by the Parties (or by non-parties who agree in writing to be bound by the terms of this Order), either voluntarily or as required by discovery demands made pursuant to the Federal Rules of Civil Procedure.

2. Nothing in this Stipulated Protective Order shall apply to documents, information, material, or any portion thereof obtained by any Party on a non-confidential basis from an unrelated person or entity ("Independently Obtained Documents"), provided that if an Independently Obtained Document duplicates, in whole or in part, documents produced to the Party and designated as Confidential Discovery Material, and the Independently Obtained Document was obtained directly or indirectly by the unrelated person or entity as a result of discovery from any party or affiliated entity in litigation involving any party or affiliated entity, such Independently Obtained Document, or the duplicative portion thereof shall be treated by the Party as Confidential Discovery Material. Nothing in this paragraph shall be deemed to relieve any unrelated party or entity from complying with its obligations under any agreement or court order that is otherwise applicable to that person or entity.

3. As used in this Stipulated Protective Order, "person" includes any individual, entity, natural person, or any business, legal or governmental entity or association. "Producing Person" refers to any person that produces discovery material. "Receiving Person" refers to any person that receives discovery material subject to this Stipulated Protective Order.

4. This Stipulated Protective Order designates as "Confidential Discovery Material" documents or discovery responses that may be produced during discovery that are designated either "CONFIDENTIAL INFORMATION" or "HIGHLY CONFIDENTIAL INFORMATION--ATTORNEYS' EYES ONLY" ("CONFIDENTIAL INFORMATION" and "HIGHLY CONFIDENTIAL INFORMATION--ATTORNEYS' EYES ONLY" are collectively referred to as "Confidential Discovery Material").

5. As used in this Stipulated Protective Order, "Confidential Information" means any information, whether or not embodied in any physical medium, used by the Producing Party in or pertaining to his or its business that the Producing Party believes in good faith is not generally known in the Producing Party's industry. Any summary, compilation, or copy of any Confidential Information shall also constitute Confidential Information.

6. As used in this Stipulated Protective Order, "Highly Confidential Information--Attorneys' Eyes Only" means any Confidential Information that the Producing Party believes in good faith contains or constitutes that party's sensitive confidential information or other such proprietary information such that disclosure of such information may result in competitive injury to the producing party (other than such harm that might arise from it being adverse evidence in this Action or a related litigation). Any summary, compilation, or copy of any Highly Confidential Information--Attorneys' Eyes Only shall also constitute Highly Confidential Information--Attorneys' Eyes Only.

7. All documents designated as Confidential Discovery Material shall be so designated, by Bates range, in a letter accompanying their production to a Party, by stamping the media in which the documents are transmitted, or by stamping the first page of a document "CONFIDENTIAL INFORMATION" or "HIGHLY CONFIDENTIAL INFORMATION--ATTORNEYS' EYES ONLY. " Documents may be designated as Confidential Discovery Material at any time. Without limiting the foregoing sentence in any way, a Party may designate a document as CONFIDENTIAL or "HIGHLY CONFIDENTIAL INFORMATION-- ATTORNEYS' EYES ONLY" after it was earlier produced without such a designation, and such production, in and of itself, shall not prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of confidentiality to which the Producing Person would otherwise be entitled. Any documents designated as Confidential Discovery Material prior to entry of this Order shall be treated the same in all respects as documents designated as Confidential Discovery Material after the entry of this Order. This Order also treats as Confidential Discovery Material oral communications designated as confidential either orally (provided that such designation was recorded by a court reporter) or in writing.

8. Materials shall not be designated as Confidential Discovery Material for tactical reasons in this case and nothing shall be so designated without a good faith belief that there is good cause why it should not be part of the public record in this case.

9. Confidential Discovery Material also includes those portions of any notes, work papers or other work product that contain confidential information from documents designated as Confidential Discovery Material without the need for a separate confidential designation on the notes, work paper, or other work product.

10. If discovery material is inspected at the Producing Person's choice of location, all such discovery material shall be presumed at such inspection to have been designated as Confidential Discovery Material by the Producing Person until such time as the Producing Person provides copies to the Party that requested the discovery material. Production of Confidential Discovery Material for inspection and copying shall not constitute a waiver of confidentiality.

11. Confidential Discovery Material shall be subject to the following restrictions:

(a) Confidential Discovery Material shall be used solely for the purpose of preparing for, and conducting, the prosecution or defense of this Action, including any appeals thereof, and shall not be used by the Parties or any other person for any commercial, business, competitive or other purpose.

(b) Absent further Order of the Court, Confidential Discovery Material shall not be given, shown, made available or communicated in any way to anyone except those persons specified in subparagraph (c) below to whom it is necessary that such Confidential Discovery Material be given or shown for the purposes permitted under subparagraph (a) above.

(c) Absent further Order of the Court, Confidential Discovery Material may be disclosed, for the purposes set forth in subparagraph (a) above, only to a "Qualified Person," defined as follows:

(i) For documents designated as "CONFIDENTIAL

INFORMATION"

(A) counsel of record for the Parties, and attorneys, paralegal, clerical and other staff employed or retained by such counsel who are assisting in the conduct of the Action;

(B) those officers, directors, and representatives (including legal representatives) of the Parties deemed necessary to aid counsel in the conduct of the Action;

(C) such consultants, experts, and investigators (including their professional staffs) retained by the Parties, or their respective counsel, as they in good faith deem necessary to provide ...


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