The opinion of the court was delivered by: Honorable Victor B. Kenton
STIPULATED PROTECTIVE ORDER
Plaintiff and counter-defendant Inter-Avid Productions ("Inter-Avid'), counter-defendant Andrew Stoddard ("Stoddard"), defendant and counter-claimant Ventura Content, Ltd. ("Ventura"), and defendant and counter-claimant Cyberheat, Inc. ("Cyberheat"), recognizing that each may have confidential business, financial, and/or trade secret information relevant to the subject matter of this lawsuit that would be subject to discovery, have agreed to this Protective Order on the terms set forth below. It appearing to the Court that the parties have agreed to the terms of an appropriate Protective Order to govern discovery proceedings in this action, and for good cause shown,
IT IS HEREBY ORDERED THAT:
1. This Order shall apply to all information produced during discovery in this action that shall be designated by the party or person producing it as "Confidential" or "Confidential-Attorneys Eyes Only" (collectively "Confidential Information"). This Order shall not apply to information that, before disclosure, is properly in the possession or knowledge of the party to whom such disclosure is made, or is public knowledge. The restrictions contained in this Order shall not apply to information that is, or after disclosure becomes, public knowledge other than by an act or omission of the party to whom such disclosure is made, or that is legitimately acquired from a source not subject to this Order.
2. If an exhibit, pleading, interrogatory answer, or admission (collectively "discovery response"), document or thing (collectively "document"), or a deposition transcript, other transcript of testimony, or declaration or affidavit (collectively "testimony") contains information considered confidential by a party, such exhibit, pleading, discovery response, document, or testimony shall be designated "Confidential" or "Confidential-Attorneys Eyes Only" by the party contending there is confidential information therein, by affixing a legend to each of the relevant pages or as otherwise set forth below.
3. In connection with an exhibit, pleading, discovery response, document, testimony or other court submission, the legend "Confidential" or "Confidential-Attorneys Eyes Only" (in such a manner as will not interfere with the legibility thereof) shall be affixed before the production or service upon a party.
4. As a general guideline, a document should be designated "Confidential" when it contains confidential business, technical or other information that may be reviewed by the receiving party, the parties' experts, and other representatives, but must be protected against disclosure to third parties. A document may be designated "Confidential-Attorneys Eyes Only" only when it contains highly sensitive information, such as financial information; cost information; pricing information; sales information; customer, license, supplier, and vendor information; technical and development information about a party's products; comparative product test results; business plans; marketing strategies; new product plans and competitive strategies; or trade secrets, as that term is defined under applicable law.
5. All Confidential Information (i.e., "Confidential" or "Confidential-Attorneys Eyes Only" information) that has been obtained from a party during the course of this proceeding shall be used only for the purpose of this litigation and not for any other business, proceeding, litigation, or other purpose whatsoever. Further, such information may not be disclosed to anyone except as provided in this Order.
6. All documents, or any portion thereof, produced for inspection only (i.e., copies have not yet been provided to the receiving party) shall be deemed "Confidential-Attorneys Eyes Only." If a copy of any such document is requested after inspection, the document shall be deemed "Confidential" or "Confidential-Attorneys Eyes Only" only if labeled or marked in conformity with paragraph 2, with access and dissemination limited as set forth in paragraphs 11-12 below.
7. Information disclosed at a deposition or other testimony may be designated as "Confidential" or "Confidential-Attorneys Eyes Only" at the time of the testimony or deposition and shall be subject to the provisions of this Order. Information disclosed during a deposition or other testimony also may be designated as "Confidential" or "Confidential-Attorneys Eyes Only" by notifying the other party, in writing, within ten (10) court days after receipt of the transcript, of the specific pages of the transcript that should also be so designated. Unless otherwise agreed on the record of the deposition or other testimony, all transcripts shall be treated as "Confidential" for a period of ten (10) court days after their receipt, and during that time period the transcript shall not be disclosed by a non-designating party to persons other than those persons named or approved according to paragraph 11 to review documents or materials designated "Confidential" on behalf of that non-designating party.
8. All exhibits, pleadings, discovery responses, documents, testimony or other submissions filed with the Court pursuant to this action that have been designated "Confidential" or "Confidential-Attorneys Eyes Only," by any party, or any pleading or memorandum purporting to reproduce, paraphrase, or otherwise disclose such information designated as Confidential Information, shall be marked with the legend "Confidential" or "Confidential-Attorneys Eyes Only" and shall be filed pursuant to and in compliance with Local Rule 79-5.1. If a filing under seal is requested, a written application and proposed order shall be presented along with the document for filing under seal. The original and judge's copy of the document shall be sealed in separate envelopes with a copy of the title page attached to the front of each envelope. The application shall request that the Court return the underlying document and the sealed application without filing to the extent the Court denies the application to file under seal. The party seeking to seal documents must demonstrate for each document or category of documents sufficient grounds to warrant placing the documents under seal.
9. As used in this Protective Order, "Litigation Counsel" refers to (i) the counsel of record in this litigation and their associate attorneys, paralegals, assistants, and support staff; (ii) in-house counsel responsible for the oversight of this litigation; and (iii) such additional attorneys as may be ordered by the Court, or subsequently may be agreed upon by the parties, such agreement not to be unreasonably withheld.
10. As used in this Protective Order, "independent experts or consultants" refers exclusively to a person, who has not been and is not an employee of a party or scheduled to become an employee in the near future, and who is retained or employed as a consultant or expert for purposes of this litigation, either full or part-time, by or at the direction of counsel of a party.
11. Material designated as "Confidential" that has been obtained from a party during the course of this proceeding may be disclosed or made available only to the Court, to Litigation Counsel for either party, and to the persons designated below:
(a) a party, or an officer, director, or designated employee of a party deemed necessary by Litigation Counsel to aid in the prosecution, defense, or settlement of this action, provided that each such person shall execute a copy of the Certification attached to this Order before being shown or given any information;
(b) independent experts or consultants (together with their clerical staff) retained by such Litigation Counsel to assist in the prosecution, defense, or settlement of this action, provided that each such person shall execute a copy of the Certification attached to ...