The opinion of the court was delivered by: Hon. Jacqueline Chooljian United States Magistrate Judge
AND RELATED COUNTER-CLAIM
ORDER ON STIPULATION FOR PROTECTION OF CONFIDENTIAL AND PROPRIETARY INFORMATION [CORRECTION MADE TO PARAGRAPHS 10(C) AND 10(D); CHANGE MADE TO PARAGRAPH 24]
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 "Protectable Information");
WHEREAS, the parties to this action Plaintiffs and Counter-Defendants AGIT GLOBAL, INC. and TZONG IN YEH and Defendants and Counter-Claimants SPORT DIMENSION, INC. and STALLION (ASIA) LIMITED, (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 ORDERED that the terms of the Stipulated Protective Order shall be as follows:
1. This Order shall be applicable to and govern all depositions, documents produced by the Parties, documents produced by third parties pursuant to subpoena, answers to interrogatories, responses to requests for admissions and all other discovery taken, as well as other information which the disclosing Party designates as Protected Information, defined herein below, hereafter furnished, directly or indirectly, by or on behalf of any Party in connection with this action.
2.1 Party or Parties: 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 Protectable Information: confidential, private, proprietary, trade secret, technical, business, personal and financial information not previously disclosed.
2.4 "Confidential" Information or Items: Protectable 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).
2.5 "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.
2.6 Protected Information: Protectable Information that any Party has designated as "Confidential" or "Highly Confidential -- Attorneys' Eyes Only."
2.7 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
2.8 Producing Party: a Party or non-party that produces Disclosures or Discovery Material in this action.
2.9 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."
2.10 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.
2.10.1 Outside Counsel for Plaintiffs and Counter-Defendants shall consist of: Robert Johnson Law Corporation; and Rowlett Law Group
2.10.2 Outside Counsel for Defendants and Counter-Claimants shall consist of: Zuber & Tallieu LLP
2.10.3 A Party may add any new counsel retained to advise on issues related to this action to the lists in paragraphs
2.10.1 and 2.10.2 by providing at least ten (10) days notice of the addition by fax or email with delivery confirmation to all other Parties such that said other Parties may consider and object to, as the case may be, any conflicts of interest.
2.11 House Counsel: attorneys who are employees of a Party.
2.12 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).
2.13 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 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.
2.14 Professional Vendors: persons or entities that provide litigation support services (e.g., reporting, transcribing, photocopying; videotaping;
translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
DESIGNATION OF PROTECTABLE 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 ...