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Red.Com, Inc. Dba Red Digital Camera, A Washington Corporation v. Uniqoptics

August 26, 2011

RED.COM, INC. DBA RED DIGITAL CAMERA, A WASHINGTON CORPORATION, PLAINTIFF,
v.
UNIQOPTICS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND DAVID ZARRAONANDIA, AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: Hon. John E. McDermott United States Magistrate Court Judge

[PLAINTIFF'S PROPOSED] PROTECTIVE ORDER [DISCOVERY MATTER]

GOOD CAUSE STATEMENT

This is an action for false advertising and unfair competition. Both the plaintiff and the defendant are designers, manufacturers and/or distributors of digital cinema camera lenses. The documents that would be the subject of discovery in this case will be comprised primarily of commercially sensitive internal documents of each party which, in the ordinary course of their respective businesses, each party would guard and treat as confidential such as sourcing data, manufacturing data, cost information, wholesale pricing figures, technical designs, customer names, customer buying trends and other competitive information contained in purchase invoices, wholesales invoices, related commercial documents and communications and internal distribution and marketing documents. Moreover, it is anticipated that discovery may call for the disclosure of internal development documents and business strategies by either or both parties, as well as the source of manufacturing from either or both parties. All of such documents are of the type that either party would not, for legitimate business reasons, disclose to the other. Unless such documents can be limited to "ATTORNEYS EYES ONLY," the receiving party would obtain access to highly sensitive pricing information, sourcing information, customer names, customer buying trends and the like.

I. DEFINITIONS

1. As used in this Protective Order,

a. "Designating Party" means any Person who designates Material as Confidential Material.

b. "Discovering Counsel" means counsel of record for a Discovering Party.

c. "Discovering Party" means the Party to whom Material is being Provided by a Producing Party.

d. "Confidential Material" means any material designated as CONFIDENTIAL or, where appropriate, ATTORNEYS' EYES ONLY, in accordance with the terms of this Protective Order.

e. "Material" means any document, testimony or information in any

form or medium whatsoever, including, without limitation, any written or printed matter, provided in this action by a Party before or after the date of this Protective Order.

f. "Party" means either one of the Parties to this action, their attorneys of record and their agents.

g. "Person" means any individual, corporation, partnership, unincorporated association, governmental agency, or other business or governmental entity whether a Party or not.

h. "Producing Party" means any Person who Provides Material during the course of this action.

i. "Provide" means to produce any Material, whether voluntarily or involuntarily, whether pursuant to request or process.

II. CONFIDENTIAL DESIGNATION

2. A Producing Party may designate as "CONFIDENTIAL" any material Provided to a Party that contains or discloses any of the following:

a. Non-public insider information, designs, business strategies, manufacturing documents, customer or vendor identity or lists, purchasing information, personnel files, financial information, trade secrets, confidential commercial information, proprietary information, or other confidential or sensitive information which the Producing Party determines in good faith should be kept confidential; and

b. Information that the Party is under a duty to preserve as confidential under an agreement with or other obligation to another Person.

c. A Producing Party may designate as "ATTORNEYS' EYES ONLY" any material Provided to a Party that contains or discloses information which, in good faith, is believed to be of an extremely high degree of commercial sensitivity and/or would provide a competitive advantage to its competitors if disclosed.

3. A Producing Party shall stamp as CONFIDENTIAL or ATTORNEYS' EYES ONLY Materials that the Producing Party in good faith believes are entitled to protection pursuant to the standards set forth in Paragraph 2 of this Order. A Producing Party may designate Confidential Material for protection under this order by physically marking it with one of the following inscriptions prior to Providing it to a Party: CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER or ATTORNEYS' EYES ONLY SUBJECT TO PROTECTIVE ORDER.

4. All costs associated with the designations of materials as CONFIDENTIAL or ATTORNEYS' EYES ONLY involving, for example, the cost of binding confidential portions of deposition transcripts, shall be borne by the Party making the designation.

III. RESTRICTION ON USE OF CONFIDENTIAL MATERIAL

5. Confidential Material designated as CONFIDENTIAL shall not be disclosed, nor shall its contents be disclosed, to any person other than those described in Paragraph 8 of this Protective Order and other than in accordance with the terms, conditions and restrictions of this Protective Order. Confidential Material designated as ATTORNEYS' EYES ONLY shall not be disclosed, nor shall its contents be disclosed to any person other than those described in Paragraph 9 of this Protective Order.

6. Confidential Material Provided by a Producing Party to a Discovering Party shall not be used by the Discovering Party or anyone other than the Producing Party, specifically including the persons identified in Paragraphs 8 or 9 as appropriate, for any purpose, including, without limitation any personal, business, governmental, commercial, publicity, public-relations, or litigation (administrative or judicial) purpose, other than the prosecution or defense of this action.

7. All Confidential Material shall be kept secure by Discovering Counsel and access to Confidential Material shall be limited to persons authorized pursuant to ...


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