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Mavrix Photo, Inc. A Florida Corporation v. Brand Technologies

June 18, 2012

MAVRIX PHOTO, INC. A FLORIDA CORPORATION, PLAINTIFF,
v.
BRAND TECHNOLOGIES, INC., AN OHIO CORPORATION;
BRANDTECH, A BUSINESS FORM UNKNOWN;
GOSSIPGIRLS.COM, A BUSINESS FORM UNKNOWN; CELEBRITY-GOSSIP.NET, A BUSINESS FORM UNKNOWN;
BRAD MANDELL, AN INDIVIDUAL; AND DOES 1-10 INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Jacqueline Chooljian United States Magistrate Judge

[Complaint Filed On April 20, 2009]

STIPULATED PROTECTIVE ORDER

I. INTRODUCTION

This action involves a claim of copyright infringement brought by Plaintiff Mavrix Photo, Inc. ("Mavrix" or "Plaintiff") against Defendants Brand Technologies, Inc. ("Brand Technologies") and Brad Mandell ("Mandell," and collectively with Brand Technologies, the "Defendants"). In connection with the claims and defenses in this case, the parties intend to request and have requested the discovery of documents and information that are particularly sensitive, including confidential, private and proprietary information relating to business transactions, corporate documents, internal operating procedures, profits, marketing, business plans and the like.

In order to protect confidential business, private and potential trade secret information consistent with the public's right of access to the Court's records and processes, the parties, by their undersigned counsel, hereby stipulate pursuant to Fed. R. Civ. P. 26(c)(1)(G), subject to approval and entry by the Court, as follows:

II. GOOD CAUSE EXISTS FOR THIS ORDER

Defendant Brand Technologies is a corporate entity, and Defendant Mandell is the President of Brand Technologies. As such, Defendants contend that the details relating to their various corporate operations are confidential business, private, proprietary and trade secret information. Defendants operate in a highly competitive industry, and contend that disclosure of non-public information about their internal operations to their competitors and others would give their competitors and others an advantage to which they are not lawfully entitled. Good cause exists to protect the confidentiality of information relating to Defendants' respective products, clients, producers, suppliers, and distributors, as well as their profits, expenses, marketing, and business plans. As this type of confidential information is not ordinarily available to other companies, Defendants contend that this information requires special protection from disclosure beyond the parties, including their attorneys of record, of this lawsuit, subject to the terms and conditions of this Order.

Plaintiff Mavrix Photo, Inc. contends that the details relating to their various corporate operations are confidential business, private, proprietary and trade secret information. Plaintiff operates in a highly competitive industry, and contends that disclosure of non-public information about its internal operations to its competitors and others would give its competitors and others an advantage to which they are not lawfully entitled. Good cause exists to protect the confidentiality of information relating to Plaintiff's respective products, clients, producers, suppliers, and distributors, as well as their profits, expenses, marketing, and business plans. As this type of confidential information is not ordinarily available to other companies, Plaintiff contends that this information requires special protection from disclosure beyond the parties, including their attorneys of record, of this lawsuit, subject to the terms and conditions of this Order.

III. TERMS AND CONDITIONS Definitions.

1. "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c).

2. Challenging Party: A Party or Non-Party that challenges the designation of information or items under this Order.

3. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).

4. Designating Party: A Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY".

5. Discovery Material: All items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

6. Expert: A person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action,

(2) is not a past or current employee of any Party or of any Party's competitor, and (3) at the time of retention, is not anticipated to become an employee of any Party or of any Party's competitor.

7. "ATTORNEYS' EYES ONLY" Information or Items: extremely sensitive "CONFIDENTIAL Information or Items," disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means.

8. House Counsel: Attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel.

9. Non-Party: Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

10. Outside Counsel of Record: Attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

11. Party: Any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).

12. Producing Party: A Party or Non-Party that produces disclosure or discovery material in this action.

13. Professional Vendors: Persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.

14. Protected Material: Any disclosures or Discovery Material that is designated as "CONFIDENTIAL," or ...


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