The opinion of the court was delivered by: Hon. Lucy H. Koh, U.S.D.J.
STIPULATED PROTECTIVE ORDER
2 parties may be subject to discovery requests and/or proceedings that seek the disclosure of 3 information that the party or non-party to whom the request is directed considers to be 4 confidential and/or proprietary. 5 6 information through the use of a Discovery Confidentiality Order. 7
8 between counsel for Innovative Technology Distributors, LLC ("ITD"), Oracle Corporation 9 and Oracle America, Inc. (jointly, "Oracle"), subject to the approval of the Court, that the 10 following Order shall govern the handling of documents, depositions, deposition exhibits, 11 interrogatory responses, admissions and any other information or material produced, given 12 or exchanged by and among the parties and any non-parties to this litigation (including, 13 without limitation, any non-party that seeks to intervene or to object to any of the 14 proceedings in the litigation) in connection with discovery in this litigation. 17 or any other materials exchanged in connection with this action as "Confidential" or 18
"Attorneys' Eyes Only" under the terms of this Order and Fed. R. Civ. P. 26(c). 19 20 information contained therein, and other information designated as confidential, if such 21 documents or testimony contain trade secrets, proprietary business information, 22 competitively sensitive information, or any other non-public business information, the 23 disclosure of which would, in the good faith judgment of the party designating the 24 material as confidential, be detrimental to the conduct of that party's business or the 25 business of any of that party's customers or clients if the material becomes public. 26
27 and all information contained therein, and other information designated as "Attorneys' 28 WHEREAS during the course of this action, the parties and certain non-WHEREAS the parties wish to preserve the confidentiality of such
IT IS THEREFORE HEREBY STIPULATED AND AGREED, by and
1. The parties may designate documents produced, testimony given, 2. "Confidential" shall mean all documents and testimony, and all 3. "Attorneys' Eyes Only" shall mean all documents and testimony,
Eyes Only," if such documents or testimony contain highly sensitive non-public business 2 or financial information, the disclosure of which would, in the good faith judgment of the 3 party designating the material as "Attorneys' Eyes Only," cause serious and irreparable 4 harm to that party's business or the business of any of that party's customers or clients if 5 the material is disclosed to persons allowed to see Confidential material beyond the 6 persons specified in Section B.2 below. The parties currently believe that there is little, if 7 any, material that falls into this category, and therefore anticipate that this designation 8 will be used very sparingly. Information that is already publicly available may not be 9 designated as "Confidential" or "Attorneys' Eyes Only." 10
4. "Producing Party" shall mean the parties to this action and any 11 non-parties producing "Confidential" or "Attorneys' Eyes Only" information in 12 connection with depositions, document production or otherwise, or the party asserting the 13 confidentiality privilege, as the case may be. 14
5. "Receiving Party" shall mean the parties to this action and any 15 non-parties receiving "Confidential" or "Attorneys' Eyes Only" information in 16 connection with depositions, document production, or otherwise. 17
6. The Receiving Party may, at any time, notify the Producing Party 18 that the Receiving Party does not concur in the designation of a document or other 19 material as "Confidential" or "Attorneys' Eyes Only." If the Receiving Party contends 20 that any document or other material designated as "Confidential" or "Attorneys' Eyes 21
Only" is not entitled to confidential treatment, the Receiving Party shall give written 22 notice to the party who designated the material, specifically identifying the challenged 23 material. The designating party, by its counsel, shall respond in writing within 5 days of 24 receipt of the written request, or within such other period of time as may be designated by 25 order of the Court or agreement of the parties. If the designating party refuses to remove 26 the "Confidential" or "Attorneys' Eyes Only" designation, its written response shall state 27 the reasons for this refusal. If the challenge to the confidential designation is not resolved 28 after a good faith meet and confer, the party challenging the designation may move before the Court for an order declassifying those documents or materials. If no such motion is 2 filed, such documents or materials shall continue to be treated as designated by the 3
Producing Party. If such a motion is filed, the documents or other materials shall be 4 deemed as designated by the Producing Party unless and until the Court rules otherwise.
B. Access to Confidential Information
1. Except with the prior written consent of the Producing Party or by Order of the Court, "Confidential" information shall not be furnished, shown or disclosed 8 to any person or entity except to:
a. Personnel of ITD or Oracle involved in the litigation of this matter and who have been advised of their obligations hereunder;
b. Counsel of record for the parties to this action and their associated attorneys, paralegals and other professional personnel (including support staff) who are directly assisting such counsel in the preparation of this action for trial or other proceedings herein, are under the supervision or control of such counsel, and who have been advised by such counsel of their obligations hereunder, and Jeff Ross, Oracle's ...