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Aci Worldwide Corp. A Nebraska Corporation, F/K/A Aci Worldwide (Ma v. Citizens Business Bank

August 29, 2011


The opinion of the court was delivered by: Judge: John F. Walter


Courtroom: 16


WHEREAS the parties to this proceeding, ACI Worldwide Corp. f/k/a ACI WORLDWIDE (MA), INC. ("ACI") and Citizens Business Bank ("Bank") recognize that during the course of this proceeding, issues may arise which may require the disclosure of trade secrets, confidential research, or sensitive commercial, financial, process, marketing or business information, or other confidential information and the parties desire to plan for that contingency by entry of this Stipulated Protective Order ("Order");

WHEREAS such information should not be released into the public domain, but rather should be treated as confidential pursuant to the privacy interests of the parties;

WHEREAS the parties have, through counsel, agreed to be bound by and stipulated to entry of this Order to prevent unnecessary disclosure or dissemination of such confidential information;

WHEREAS the Court has found that the parties should respect and recognize the privacy interests of each other by the avoidance of any release of the confidential information, documents, or things that are produced in this action;

IT IS HEREBY STIPULATED, AGREED AND ORDERED that the terms and conditions of this Order shall govern the production and handling of documents and things, answers to interrogatories, depositions, pleadings, exhibits and other information exchanged by the parties, or received from non-parties, in this action:

1. This Order is entered for the purposes of this case and shall remain in full force and effect unless modified by an Order of this Court or by the written stipulation of the parties filed with the Court. Without limiting the foregoing, this Order shall survive and remain in full force and effect after the termination of this litigation.

2. This Order will become effective upon the signature of counsel for ACI and counsel for Bank and the approval of the U.S. Magistrate or his designee.

3. Nothing in this Order shall limit or preclude any party from applying to the Court to modify the terms of this Order or the status of any particular information, document, or thing, or for relief from this Order, or for such further or additional Protective Orders as the Court may deem appropriate.

4. Any party to this litigation, or any third party who elects to be covered by this Order, who, during the course of the above-captioned proceeding, produces or discloses any document, thing, information, or other item, including, without limitation, any document, thing, interrogatory answer, deposition testimony, and all other discovery as well as pleadings, briefs, memoranda, and -to the extent permitted by the Court upon further motion - testimony adduced at the hearing and materials introduced into evidence, and all other information produced or furnished by or on behalf of any party to this Order or third party, may designate that item as:

a. "CONFIDENTIAL" where such item contains confidential or proprietary technical, scientific or business information, including, but not necessarily limited to, current and future financial information and plans, further business plans, and/or sales information, which is not generally known and which the designating party would not normally reveal to third parties or would cause third parties to maintain in confidence, or information, the present disclosure of which would, in the good faith judgment of the designating party, be detrimental to the designating party in the conduct of its business.

Information that exists in tangible form including discovery materials, motions, memoranda of law and affidavits, shall be designated by visibly marking it as "CONFIDENTIAL." In the event that the producing party elects to produce original files and records for inspection and the inspecting party desires to inspect these files and records, no marking need be made by the producing party in advance of the initial inspection. For purposes of the initial inspection, all documents within the produced files and records shall be considered as marked "CONFIDENTIAL." Thereafter, upon selection of specified documents for copying by the inspecting party, the producing party shall mark the copies of such documents as "CONFIDENTIAL," as appropriate, prior to that party's producing the copies to the inspecting party. Counsel shall agree on a mutually acceptable manner for the identification of protected information that cannot be readily or easily marked in a visible manner.

5. Information which becomes available to any party via inspection, measurement, analysis, or testing of any sample or thing marked as provided in Paragraph 4 received from another party, or prepared or derived by utilizing information designated as "CONFIDENTIAL," and supplied pursuant to this Order, shall also be considered to be, and treated as, "CONFIDENTIAL."

6. With respect to the deposition(s) of any deponent or any person employed by, formerly employed by, or acting on behalf of a party to this action, such deponent or party shall have until thirty (30) days after receipt of the deposition transcript in which to inform the other parties that portions of the transcript are designated "CONFIDENTIAL." Similarly, a third party deponent shall have until thirty (30) days after receipt of his, her, or its deposition transcript in which to inform the parties that portions of the deposition transcript are designated "CONFIDENTIAL." The designating party shall send a written list of the particular pages of the transcript that contain such information to all counsel subject to this Order. No such deposition transcript shall be disclosed to any person other than persons described in Paragraph 8 below (and qualified under Paragraph 10, if necessary) and the deponent during these thirty (30) days. No person attending such deposition shall disclose the contents of the deposition to any person other than those qualified to receive information designated as "CONFIDENTIAL" pursuant to this Order during said thirty (30) clays. Upon being informed that certain portions of a deposition are to be designated as "CONFIDENTIAL," each party shall cause each copy of the transcript in its custody or control to be appropriately marked immediately.

7. All "CONFIDENTIAL" material shall not be used by any recipient or disclosed to anyone for any purpose other than in connection with the above-captioned action or any proceeding between the parties related to the same subject matter as the above-captioned action and shall not be disclosed by the recipient to anyone other than those persons designated (and qualified, if necessary) below, or in Court filings with redactions made to those portions of the filings that include "CONFIDENTIAL" material, unless and until the restrictions herein are removed either by written agreement of counsel for the parties or by Order of the Court.

8. Access to materials or information designated by any party as "CONFIDENTIAL" shall be restricted to the following persons ("AUTHORIZED PERSONS") on behalf of the receiving party:

a. Litigation counsel for ACI and litigation counsel for Bank and their secretaries, paralegals, project assistants or staff, including local and in-house counsel, of the parties in this action. Access to CONFIDENTIAL documents for outside counsel shall include access for their employees, outside copy services, trial preparation firms, and graphics firms assisting such counsel or the independent outside experts designated pursuant to Paragraph 8(c);

b. Court personnel and stenographic reporters, engaging in such proceedings as are necessarily incident to the preparation for trial (e.g., depositions) and/or trial of this action; and

c. Independent outside experts or independent outside consultants retained by or on behalf of a party to assist outside counsel for any party in the preparation for trial and/or trial of this action, and such persons must become qualified to receive such materials and information in accordance ...

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