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Capital Distributing, Inc. A Texas Corporation v. Kiva Kitchen & Bath

June 3, 2011

CAPITAL DISTRIBUTING, INC. A TEXAS CORPORATION, PLAINTIFF,
v.
KIVA KITCHEN & BATH, INC. A DELAWARE CORPORATION, TOLAR NUMA HAMBLEN, AN INDIVIDUAL, JAMES COZBY, AN INDIVIDUAL, REACHLOCAL, INC., A DELAWARE CORPORATION, AND DOES 1-10 DEFENDANTS.



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

PROTECTIVE ORDER [CHANGES MADE BY COURT] -1- PRINTED ON RECYCLED PAPER S:\JC\Civil\Capital Distributing CV 10-8000 CBM\CapitalJCProtOrd.doc PROTECTIVE ORDER

PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT the use of or disclosure of documents and information produced by the parties to this lawsuit (or any third party who receives and agrees in writing to be bound by this Protective Order) in the above-captioned case shall be subject to the terms of this Protective Order:

1. Definitions

The following definitions shall apply to this Order:

a. "Litigation" shall refer to the above-captioned lawsuit entitled Capital Distributing, Inc.v. Kiva Kitchen & Bath, Inc., et al., United States District Court, Central District of California Case No CV 10-8000-CBM (JCx), any and all actions later consolidated with this action, and any appeal from this action, through final judgment.

b. "Documents" shall mean all written records or graphic material whatsoever including without limitation all "writings" as defined by the Federal Rules of Evidence, any meaning reasonably given to such term in any written request for production of documents served by any party herein, and all reproductions of the foregoing, expressly including any and all electronic versions of the same.

c. "Producing Party" shall mean any party to the Litigation, or any non-party, producing documents, information or other materials in the Litigation.

d. "Confidential Information" shall mean any and all information which the Producing Party in good faith contends constitutes or contains trade secret(s), confidential, or proprietary information.

e. "Party" or "Parties" shall mean any party to this Litigation, including all of its officers, directors, employees, and outside counsel (and their support staff).

f. "Disclosure" or "Discovery Material" shall mean all items or information, regardless of the medium or manner generated, stored, or maintained that are produced or generated in disclosures or responses to discovery in this Litigation.

g. "Receiving Party" shall mean a Party that receives Disclosure or Discovery Material from a Producing Party.

h. "Designating Party" shall mean a Party or non-party that designates information or items that it produces in Disclosures or in responses to discovery as "Confidential Information."

2. Scope of Application

a. Information Governed: This Order shall govern all Documents and other information and materials generated or produced in response to any method of discovery, whether formal or informal, by any Producing Party.

b. Designation of Confidential Information -- Documents (apart from transcripts of depositions): Documents deemed by any Producing Party to be Confidential Information shall be designated as such by affixing or stamping a legend "CONFIDENTIAL" on each page containing any Confidential Information.

c. The inadvertent production of any Document that contains Confidential Information without a "CONFIDENTIAL" designation, shall be without prejudice to any claim that such Document is Confidential Information, and the Producing Party shall not be held to have waived any rights by such inadvertent production. In the event that such production occurs, counsel for the Producing Party may redesignate the Document by re-producing it with the "CONFIDENTIAL" designation, which designation shall thereafter apply to such document, subject to the terms of this Order.

d. In the event that any document that is subject to a claim of privilege or that is protected from discovery as work product is inadvertently produced, the Receiving Party shall return the document together with all copies of the document to counsel for the Producing Party promptly after the Receiving Party receives a written notice from counsel for the Producing Party that the document was produced inadvertently. Nothing herein will restrict the Receiving Party from filing a motion with the Court contesting the designation of the document as privileged or protected by the work-product doctrine or ...


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