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Ghj Holdings, LLC, A Texas Limited Liability Company v. Bally Gaming

August 12, 2011

GHJ HOLDINGS, LLC, A TEXAS LIMITED LIABILITY COMPANY,
RELATOR,
v.
BALLY GAMING, INC., A NEVADA CORPORATION D/B/A BALLY TECHNOLOGIES,
DEFENDANT.



The opinion of the court was delivered by: The Honorable Frederick F. Mumm United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

Pursuant to Fed. R. Civ. P. 26(c), Plaintiff GHJ Holdings, LLC ("GHJ") and Defendant Bally Gaming, Inc. ("Defendant" or "Bally"), through their respective attorneys, hereby stipulate and agree to the entry of this Protective Order in the above-captioned action.

1. GHJ and Bally agree that discovery in this action may involve the disclosure of confidential research, development, commercial, financial, pricing, marketing and other business information that is proprietary and contains trade secrets. GHJ and Bally represent that they keep certain information relating to their products and business confidential and secret because the disclosure of such information to competitors could be damaging. Moreover, one or more of the parties may seek discovery of similar information from non-parties to this action. Unrestricted disclosure of such confidential, proprietary information of a party or non-party could be prejudicial to the interests of the disclosing entity or entities, and accordingly good cause exists for the entry of a Protective Order.

2. This Protective Order shall govern information disclosed during discovery in this action, including but not limited to documents, things, responses to requests for production of documents and things, interrogatory answers, deposition testimony, answers to requests for admissions, expert reports, and responses to other discovery demands, as well as any copies, notes, abstracts or summaries of such information. The provisions of this Protective Order shall not affect, and this Protective Order does not limit, the use or admissibility of protected material or references to that material as evidence at trial, or during a hearing or similar proceeding in this action or as part of the record on appeal, provided that any party may seek an appropriate Court Order to protect such material.

3. A. "Confidential Material" as used in this Protective Order means any trade secrets or other research, development, financial, business, commercial, or marketing information that is non-public and confidential or proprietary, the value of which arises from its secrecy, the disclosure of which, whether separately or in conjunction with other information being disclosed, is believed in good faith by the disclosing party to have the potential for causing competitive harm or giving a competitive advantage to others.

B. The parties submit that the following categories of information that may be discovered under this Protective Order may qualify as trade secrets or some other properly demarcated category of legitimately confidential information, and accordingly may be Confidential Material, regardless of the form such information may take, including without limitation documents, things, responses to requests for production of documents and things, interrogatory answers, deposition testimony, answers to requests for admissions, expert reports, and other discovery materials, whether produced informally or in response to requests for production of documents or things, interrogatories, requests for admissions, or other formal methods of discovery.

4. As used in this Protective Order, "trade secret" means information, including but not limited to a formula, pattern, compilation, program, device, method, technique, or process, that is deemed to be a trade secret under the law of the relevant jurisdiction.

5. If discovery is sought from a non-party to this action, the words "party" and "parties" herein shall be read to include that non-party once that non-party informs the parties to this suit in writing or by e-mail that it is invoking the terms of this Protective Order. Any such non-party shall have all the rights and all the responsibilities set forth under this Protective Order, including the responsibilities with respect to any material designated CONFIDENTIAL that it receives. Additionally, any such non-party shall have standing to appear in this action to file motions and oppose motions, as necessary, to protect such non-party's rights in its Confidential Material.

6. Each party, and all other persons bound by the terms of this Protective Order, shall use material designated CONFIDENTIAL by any party other than itself solely for the purpose of this action and not for any other purpose whatsoever.

7. Confidential Material that is produced by a party shall be clearly marked or stamped with the legend "CONFIDENTIAL." Such legend shall be placed on every page of a multi-page document. Such legends need not be placed on the original document of the producing party, but instead may be placed upon copies produced or exchanged. Subject to the exceptions set forth below in this Protective Order, as to each document or portion so marked, the receiving party shall not disclose such document or portion, or the contents thereof, to others unless by specific order of this Court or by written consent of the producing party. All Confidential Material not reduced to documentary or tangible form or which cannot be conveniently designated in the manner set forth above, such as models or electronic files, shall be designated by the producing party by informing the receiving party in writing, and/or by so labeling the media on which electronic files are produced.

8. Interrogatories or the answers thereto, requests for admissions or the responses thereto, motions, briefs, memoranda, correspondence and other documents prepared, produced, and served and/or filed in connection with this action, or portions of the foregoing, containing Confidential Material, or quoting or referring to the substance of any Confidential Material, may be similarly designated or treated as CONFIDENTIAL in accordance with the provisions and procedures of this Protective Order.

9. Any oral or written deposition testimony may be designated CONFIDENTIAL either at the time the testimony is given or, within thirty (30) days following receipt of a transcript, by written notice to the court reporter, with a copy of the notice to counsel for each party to the action, of the specific pages and lines of the transcript that contain Confidential Material. Such written notification shall then be attached by the receiving party and/or the reporter to the transcript and each copy thereof in its possession, custody, or control. All deposition transcripts shall be treated as CONFIDENTIAL in their entirety until thirty (30) days following receipt of the transcript unless receipt of confidentiality designations is received earlier. Deposition exhibits previously designated CONFIDENTIAL need not be redesignated to retain their status as Confidential Material.

10. In the event the producing party elects to produce Confidential Material for inspection, as opposed to, for example, delivering documents or things, no marking need be made by the producing party in advance of the inspection, and all information produced for inspection shall be treated as CONFIDENTIAL during the inspection. Thereafter, upon selection by the inspecting party of specified documents or things for copying, the copies of such documents that contain Confidential Material shall be marked appropriately.

11. Information that becomes available to a party via inspection, measuring, analyzing, or testing of any sample or thing marked CONFIDENTIAL, or which is prepared or derived by utilizing such a sample or thing, shall also be considered to be CONFIDENTIAL.

12. Material marked, labeled or otherwise designated CONFIDENTIAL shall be deemed and treated as CONFIDENTIAL unless and until the Court rules to the contrary. Material designated CONFIDENTIAL may be disclosed by the designating party to any person it chooses. Unless and until the Court rules otherwise, material designated CONFIDENTIAL may be disclosed by the receiving party only to the following persons:

a. The Court and the Court's staff;

b. Attorneys employed by the receiving party's law firms of record, and the employees of those law firms who are assisting those attorneys in this action, including employees working in secretarial, clerical or paralegal capacities, as well as outside vendors retained to provide litigation support services to those attorneys;

c. Court reporters and videographers taking testimony involving Confidential Material and necessary stenographic and clerical personnel thereof;

d. Consultants, including independent translators, trial consultants, or experts who are not current employees ...


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