The opinion of the court was delivered by: Hon. Andrew J. Wistrich United States Magistrate Judge
[PROPOSED] AMENDED PROTECTIVE ORDER
The parties to this action stipulate to, and seek entry of, the following Protective Order:
1. "Confidential" information is information that, in good faith, a person producing information under this Order, whether or not a party to this action (the "Producing Person"), believes to contain (a) proprietary or commercially sensitive information which is not publicly known and which its owner would not reveal to others except in confidence; (b) personal financial information; or (c) information that should otherwise be subject to confidential treatment under the Federal Rules of Civil Procedure. If a Producing Person designates information as "Confidential," the designated information shall be treated as Confidential unless successfully challenged under ¶ 12. When producing documents, the Producing Person shall mark each page containing Confidential information as "Confidential."
2. "Restricted Confidential" information shall be limited to information that, in good faith, a party believes to contain (a) current and past (to the extent they reflect on current) business planning and financial information; (b) trade secrets; (c) past or current company personnel or employee information; (d) source code; and (e) information concerning a party's sales or the design, structure or workings of a party's products or systems which would, if it became known to other parties, harm the competitive position of its owner. If a Producing Person designates information as Restricted Confidential under this Order, the designated information shall be treated as Restricted Confidential unless successfully challenged under ¶ 12. When producing documents, the Producing Person shall mark each page containing Restricted Confidential information as "Restricted Confidential."
3. Any Producing Person, whether or not a party to this action, may designate information as Confidential or Restricted Confidential under this Order.
4. Producing Persons that are not parties to this action, and that produce documents pursuant to a subpoena or otherwise respond to discovery requests in this action, are intended beneficiaries of this Order and have the right to enforce the terms of this Order as necessary to, inter alia, protect the confidentiality of the materials they produce. However, nothing herein shall prevent such Producing Persons from seeking or negotiating different confidentiality terms than those provided for herein.
5. When a document is designated as Confidential or Restricted Confidential, the designation includes not only the document so designated, but also any information derived from that document, and any copies, excerpts, summaries, or compilations thereof.
6. A person receiving information under this Order (the "Receiving Person") shall use Confidential or Restricted Confidential information (together, Protected Information") only to conduct this litigation or any other litigation involving Captaris, Inc. and/or Open Text Corp., on the one hand, and j2 Global Communications, Inc. and/or Advanced Messaging Technologies, Inc., on the other hand.
7. By receiving information under this Order, all Receiving Persons agree to be subject to the jurisdiction of this Court concerning their use of Protected Information. All receiving persons other than attorneys, their staff, and independent companies engaged by outside litigation counsel to perform litigation support service, shall sign an acknowledgment in the form attached hereto as Exhibit A, indicating that they have read and understood the terms of this Order and agree to submit to the jurisdiction of the Central District of California for enforcement of this Order. Counsel for each party shall maintain all original acknowledgments, and will produce the same to the opposing party when so ordered by the Court.
8. A Receiving Person may disclose Restricted Confidential information only to the following:
a. outside litigation counsel retained by a party in this action or in any other litigation involving Captaris, Inc. and/or Open Text Corp., on the one hand, and j2 Global Communications, Inc. and/or Advanced Messaging Technologies, Inc., on the other hand, including attorneys, their staff, and independent companies engaged by outside litigation counsel to perform litigation support services;
b. independent experts or consultants retained by outside litigation counsel;
c. any person giving testimony in this action at deposition, trial or hearing witnesses, but only if the person giving testimony is the creator, author or recipient of the Restricted Confidential information, provided that such persons may not retain any documents containing Restricted ...