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Fireman's Fund Insurance Company v. Personal Communications Devices

June 13, 2011

FIREMAN'S FUND INSURANCE COMPANY, PLAINTIFF,
v.
PERSONAL COMMUNICATIONS DEVICES, LLC, DEFENDANT.



[PROPOSED] STIPULATED PROTECTIVE ORDER

WHEREAS the parties to this action, and to the action entitled Personal Communications Devices, LLC v. Platinum Cargo Logistics Inc., et al., Case No. CV 09-516-DDP (Anx), (collectively, the "Actions"), which have been consolidated for the purposes of discovery, agree that certain information, documents and things requested from the parties or from third- parties during discovery in the Actions should be kept confidential in order to protect the legitimate business interests and privacy rights of the parties, third-parties and their respective business associates, and further agree that such information, documents and things may be eligible for protection under Fed. R. Civ. P. 26(c), and

WHEREAS the parties have stipulated to and request that the Court enter this Stipulated Protective Order,

IT IS HEREBY ORDERED as follows:

1. Proceedings and Form of Information Governed

This Stipulated Protective Order ("Protective Order") shall govern any document, information or other thing furnished by any party or nonparty (a "producing party") to any other party or nonparty in connection with the Actions that is appropriately designated under the provisions of this Order. The form of information protected includes, but is not limited to, documents produced in discovery, responses to requests to produce documents or other things, responses to interrogatories, responses to requests for admissions, responses to subpoenas, deposition testimony and exhibits, and all copies, extracts, summaries, compilations, designations and portions of any of them. This Protective Order shall be binding on the parties when signed regardless of whether or when the Court enters the Order. Nothing shall prevent a party from moving for an Order providing any of the additional protections available under Fed. R. Civ. P. 26(c) for good cause shown.

2. "Confidential Information" Defined

The term "Confidential Information" means any document, information or thing that is designated "CONFIDENTIAL." Any document, information or thing may be designated CONFIDENTIAL if the producing party in good faith determines it to contain confidential, commercially sensitive or proprietary information, including information related to any of the following: technical data, research and development information, marketing or other business plans, product or service information, customer information, trade secrets, competitive information, financial information of the producing party or another party, or any other information of such sensitivity to warrant treatment as Confidential Information under Fed. R. Civ. P. 26 and applicable case law standards, including information in written, oral, electronic, graphic, pictorial, audiovisual or other form, whether it is a document, information contained in a document, item produced for inspection, information revealed during a deposition, information revealed in an interrogatory answer or otherwise. A receiving party may use Confidential Information designated as such under this Protective Order solely for the purpose of prosecuting or defending the claims asserted in the Actions and for no other purpose without leave of Court.

3. Designation of Information for Protection under This Order

(a) Timing and Method

Only documents, information or things the producing party reasonably believes to qualify for protection under Fed. R. Civ. P. 26(c) may be designated as "CONFIDENTIAL." That designation may be made by stamping or otherwise marking the material prior to production with the word "CONFIDENTIAL." In the case of written material, documents or tangible items, the party producing the information shall designate it as "CONFIDENTIAL" when it provides the information to the other party ("the receiving party"). In the case of deposition testimony, paragraphs 11 and 12 shall apply.

(b) Inadvertent Production

If a party or nonparty, through inadvertence, produces or provides any Confidential Information without first labeling, marking or designating it as "CONFIDENTIAL" then the producing party may, within thirty days after the discovery of the inadvertent production, give written notice to the receiving party or parties that the document, thing, transcript or other information is "CONFIDENTIAL" and should be treated in accordance with the provisions of this Protective Order. The receiving party or parties must thereafter treat the document, thing, transcript or other information accordingly from the date such notice is received. No party shall assert that disclosure waived any privilege or any protection provided under the terms of this Protective Order. Disclosure of the document, thing, transcript or other information prior to receipt of notice to persons not authorized to receive it shall not be deemed a violation of this Protective Order; the receiving party shall promptly advise those persons to whom it made disclosure that the material disclosed was "CONFIDENTIAL" and must be treated in accordance with this Protective Order.

4. Disclosure of "CONFIDENTIAL" Information

The receiving party may disclose documents, information contained therein, other information and other things designated "CONFIDENTIAL, subject to paragraph 5, below, to and only to:

(a) the attorneys of record in the Actions and any non-in-house attorneys of a party retained in the Actions to consult on the litigation, and their associates, clerks, legal assistants, stenographic and support personnel, and independent organizations retained by those attorneys to provide litigation support services in the Actions, including their employees;

(b) independent experts and consultants retained in the Actions and their employees;

(c) officers, directors or employees of a party ; (d) in-house counsel and their respective legal assistants and other support personnel;

(e) persons permitted under paragraph 10 below; (f) court reporters, videographers and court personnel, provided the Confidential Information is returned to the party utilizing the Confidential Information at the conclusion of the deposition, hearing or trial, as the case may be;

(g) trial consulting services, including mock jurors, retained by a party; (h) photocopy, document imaging and database services and consultants retained by counsel to set up, maintain or operate computer systems, litigation databases or to convert data for inclusion in a database;

(i) other persons hereafter designated by written agreement of all parties in the Actions or by Order of the Court, permitting disclosure;

(j) witnesses during discovery and witnesses for trial or for purposes of preparation of such witnesses; and

(k) the party's insurers, and its agents, employees ...


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