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Armored Shieldtm v. Superior Communications Solutions

April 20, 2012

ARMORED SHIELDTM TECHNOLOGIES, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
SUPERIOR COMMUNICATIONS SOLUTIONS, INC., A FLORIDA CORPORATION; NETWORK INTEGRITY SYSTEMS, INC. AN UNKNOWN ENTITY; JOHN WILKERSON, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Marc L. Goldman

[PROPOSED] ORDER ON STIPULATION RE: PROTECTIVE ORDER FOR PROPRIETARY AND CONFIDENTIAL INFORMATION [Fed. R. Civ. P. 26(c)]

Based on the Parties' Stipulation re: Protective Order for Proprietary and Confidential Information submitted herewith, and good cause appearing therefor, IT IS HEREBY ORDERED as follows: During the pendency of the above-captioned action, or until this Protective Order (the "Order") is amended or superseded, the Parties will follow the procedures set forth below with respect to the use of all produced documents, responses to interrogatories and requests for admissions, deposition transcripts, and any other information, documents, objects or things that have been or will be produced by any party to this action or third party during the pendency of this action:

1. As used herein, the term "counsel of record" shall mean the attorneys of record in this proceeding, their partners and associates, paralegals, clerks, assistants and other persons employed by such attorneys, all of whom shall be bound by the provisions of this Order.

2. As used herein, the term "person" shall mean, in the plural as well as in the singular, any individual, corporation, firm, association, partnership, business trust, governmental body or any other legal or business entity, unless specified herein to the contrary.

3. As used herein, the term "party" shall mean, in the plural as well as the singular, any named plaintiff, defendant, counterclaimant or counterdefendant in this action, and shall include its present directors, officers, members, agents, representatives or employees. References to a "party" or "parties" herein shall also include such nonparties who provide testimony, documents or information in discovery proceedings in this action and who agree to be bound by the terms of this Order.

4. In connection with discovery proceedings in this action, any party to this action (hereinafter the "Designating Party") shall have the right to designate any document, thing, material, testimony or other information derived therefrom, as confidential under the terms of this Order. Confidential information is information that the Designating Party reasonably believes in good faith (1) to constitute proprietary information, confidential business information, confidential financial information, trade secrets relating to its business, and/or information in which the party or third parties have a privacy right or other protectable interest, and (2) to be subject to protection from disclosure under applicable law.

5. In the event counsel of record for the party receiving documents, material or information designated as "Confidential Material" objects to such designation for any or all of such items, said counsel shall advise the Designating Party of such objections, and the reasons for them, in writing. Within ten (10) days of service of the written objection, the parties shall meet and confer concerning the objection. If the objection is not resolved at the meeting, the objecting party shall, within thirty (30) days of the meeting, file a noticed motion to resolve the dispute over the designation of the material. It shall be the burden of the Designating Party to justify to the Court the basis for the designation. In the event that the objecting party seeks such a hearing, the Designating Party will cooperate in obtaining a prompt hearing with respect thereto. If the objecting party objects to more than one designation within a period of thirty (30) days or less, the time for filing a noticed motion shall be extended so that the objecting party shall not be required to file more than one motion every thirty (30) days. All documents designated as "Confidential Material" shall remain confidential until any such motion by the objecting party is granted and the Court declares that the designated material is not subject to the protection of this Order. If no such motion is filed within the stated time period, the material will be deemed conclusively subject to the protection of this Order for purposes of discovery.

6. In the event counsel of record for the party receiving documents, material or information designated as "Attorneys' Eyes Only Material" objects to such designation of any or all of such items, said counsel shall advise the Designating Party of such objections, and the reasons for them, in writing. Within ten (10) calendar days of service of the written objection, the parties shall meet and confer concerning the objection. In the event the objection is not resolved at the meeting and the Designating Party intends to maintain the designation, the Designating Party shall be required to file, within ten (10) days of the meeting, an appropriate motion with the Court seeking an order approving the designation of the documents as "Attorneys' Eyes Only Material," and it shall be the burden of the Designating Party to justify to the Court the basis for maintaining such designation. All of the items so designated shall be treated as "Attorneys' Eyes Only Material" pending a resolution of the parties' dispute. In the event that the Designating Party seeks a hearing, the objecting party will cooperate in obtaining a prompt hearing with respect thereto. If no motion for an order approving the designation is filed within the stated time period, the designated material will be deemed conclusively not subject to the protection of this Order as "Attorneys' Eyes Only Material."

7. As used herein, the term "Confidential Material" shall refer to: (a) Any documents (including any portions thereof and any information contained therein) designated to be confidential by any party and/or which has had stamped or affixed thereon the word "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multipage document shall designate all pages of the document as confidential, unless otherwise indicated by the Designating Party. If original documents are made available for review, it shall not be necessary to stamp the originals with a "CONFIDENTIAL" legend in order to make such originals subject to this Order. The party making the originals available need only inform the other party(ies), prior to the review or within thirty (30) days thereafter, that the originals have been made subject to this Order. (b) All deposition testimony, including oral testimony, deposition transcripts and the information contained therein, shall initially be treated as Confidential Material and be included within the terms of this Order without the necessity of designating the testimony as Confidential Material. Upon transcription of the deposition, counsel shall have thirty (30) days after receipt of the transcript to notify the deposition reporter and other counsel of record in writing of the portions of the transcript designated as confidential. Depositing the written notice in the United States mail within such thirty (30) days shall be deemed timely compliance with this requirement. All other portions, or the entire transcript if no designation is made, shall not be confidential and shall not be within the terms of this Order.

Alternatively, and in addition to the above method, deposition testimony may be designated as Confidential Material during the deposition, in which case the transcript of the designated testimony shall be bound in a separate volume and marked "CONFIDENTIAL" by the reporter as the Designating Party may direct.

(c) All documents produced in discovery in this action by any nonparty to this action shall initially be treated as Confidential Material and be included within the terms of this Order without the necessity of designating the testimony as Confidential Material or "Attorney's Eyes Only Material" (pursuant to paragraph 9 hereof). Counsel shall have thirty (30) days from receipt of copies of the documents produced by the nonparty to notify other counsel of record in writing of the identity of the documents designated as either Confidential Material or "Attorney's Eyes Only Material." Depositing the written notice in the United States mail within such thirty (30) days shall be deemed timely compliance with this requirement. All other documents produced by the nonparty shall not remain confidential and shall not be within the terms of this Order.

(d) "Confidential Material" does not include any information or documents lawfully obtained or produced by a party outside of the context of discovery in this litigation. Nothing in this Order, however, shall affect the rights of any party to enforce any rights it may have regarding the confidentiality of documents and other information disclosed or transferred to another party or person prior to the institution of the present litigation.

8. "Confidential Material" shall be disclosed only to:

(a) The Court, its officers and its employees in this litigation pursuant to ...


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