The opinion of the court was delivered by: Honorable Jacqueline Chooljian
RICHARD J. IDELL (SBN 69033) OWEN SEITEL (SBN 137365) ELIZABETH J. REST (SBN 244756) IDELL & SEITEL LLP 465 California Street, Suite 300 San Francisco, CA 94104 Telephone: (415) 986-2400 Facsimile: (415) 392-9259 Email: RIdell@idellseitel.com OSeitel@idellseitel.com ERest@idellseitel.com Attorneys for Plaintiff Falcon Foto, LLC DAVID S. GINGRAS, CSB #218793 Gingras Law Office, PLLC 3941 E. Chandler Blvd., #106-243 Phoenix, AZ 85048 Telephone: (480) 668-3623 Facsimile: (480) 248-3196 Email: David@GingrasLaw.com Attorneys for Defendant I.C.G. -- Internet Commerce Group, Inc.
STIPULATION RE: PROTECTIVE ORDER; ORDER [CHANGES MADE BY COURT TO PARAGRAPHS 3, 5, 2(B), 6.3, 8(C), AND 12.3]
Subject to the approval of this Court, Plaintiff FALCON FOTO, LLC, a California limited liability company ("Plaintiff" or "Falcon"), on the one hand, and Defendant I.C.G. -- INTERNET COMMERCE GROUP INC., an Arizona corporation ("Defendant" or "ICG"), on the other hand, hereby stipulate as follows.
1. PURPOSES AND LIMITATIONS.
Disclosure and discovery activity in this action are likely to involve production of sensitive financial information of a Party which is not public and non-public proprietary information and trade secrets which financial information, proprietary information and trade secrets, if disclosed, would put a Party at a competitive disadvantage in the marketplace in which the Party operates its business 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 protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3 below, that this Stipulated Protective Order does not entitle them to file 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.
2.1 "Challenging Party": a Party or Non-Party that challenges the designation of information or items under this Order.
2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things as defined in Paragraph 1.
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 things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter, including all such items or information produced or generated by a Non-Party pursuant to a subpoena or other legal process.
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 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 with a law firm which has appeared on behalf of that party.
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 staffs).
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 organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.13 "Protected Material": any Disclosure or Discovery Material that is designated as "CONFIDENTIAL."
2.14 "Receiving Party": a Party that receives Disclosure or Discovery Material from a Producing Party.
The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material other than testimony, conversations, or presentations in open court. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a 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.
Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this ...