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Atari Interactive, Inc v. Jonathan Wan A/K/A Jonathan Kwok Wan A/K/A Kwok Hung Wan A/K/A Kwok

October 28, 2011

ATARI INTERACTIVE, INC., PLAINTIFF,
v.
JONATHAN WAN A/K/A JONATHAN KWOK WAN A/K/A KWOK HUNG WAN A/K/A KWOK WING WAN A/K/A HUNG WAN KWOK; TOMMO INC. D/B/A TOMMO VIDEO GAME DISTRIBUTION AND TOMO INC.; AND DOES 1 - 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Paul L. Abrams United States Magistrate Judge

ORDER ON THE PARTIES' STIPULATED PROTECTIVE ORDER

Case No. CV11 05224 SVW PLAx

[PROPOSED] ORDER ON THE PARTIES' STIPULATED PROTECTIVE ORDER

ORDER

There being good cause, as set forth in the Stipulation and [Proposed] Protective Order ("Stipulation of the Parties") filed concurrently herewith and entered into by Plaintiff Atari Interactive, Inc. ("Plaintiff") and Defendants Jonathan Wan and Tommo Inc. ("Defendants") (collectively "the Parties") on October 18, 2011, it is hereby ordered that:

1. In connection with discovery furnished by the Parties (or any of their present and former directors, officers, employees and agents) in the Action, counsel for the Parties may designate any nonpublic document, material, or information as "Confidential" under the terms of this Stipulated Protective Order if counsel in good faith believes that it contains the following proprietary or financial information:

(a) Financial details regarding the parties' internal business operations, including but not limited to revenue and expense reports, market projections, and other financial analysis;

(b) Financial terms of contracts and/or agreements with manufacturers, distributors and retailers of video game products;

(c) Information regarding current or former personnel, personal financial information, or other personally identifiable information; and

(d) Trade secrets, defined pursuant to Section 3426.1 of the California Civil Code as "information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

2. In connection with discovery furnished by any of the Parties (or any of their present and former directors, officers, employees and agents) in the Action, counsel for the Parties may designate any nonpublic document, material, or information as "Highly Confidential" under the terms of this Stipulated Protective Order if:

(a) it is properly designable under the terms of this Stipulated Protective Order as "Confidential" as described above at Paragraph No. 1; and

(b) it contains or reflects trade secrets, proprietary, confidential or competitively sensitive business, commercial, research, development or financial information to which no personnel of the receiving party previously have had unrestricted access, that, if disclosed to persons other than those permitted under Paragraph 7, could cause irreparable competitive or other injury; and

(c) counsel in good faith believes that there is good cause to restrict the personnel of the receiving party from access to such ...


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