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Patrick J. Vital and Russell Marchewka, Individually and On v. One World Company

August 30, 2012

PATRICK J. VITAL AND RUSSELL MARCHEWKA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
ONE WORLD COMPANY, LLC, A FOREIGN LIMITED LIABILITY COMPANY, DBA ONE WORLD ENTERPRISES, LLC, A FOREIGN LIMITED LIABILITY COMPANY, AKA ONE NATURAL EXPERIENCE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Marc L. Goldman United States Magistrate Judge

CLASS ACTION [PROPOSED] PROTECTIVE ORDER

Hearing Date: N/A Time: N/A Courtroom: Hon. Cormac J. Carney

Pursuant to the Joint Stipulation for Approval of Protective Order between Plaintiffs PATRICK J. VITAL and RUSSELL MARCHEWKA and Defendant ONE WORLD COMPANY, LLC. dba ONE WORLD ENTERPRISES, LLC aka ONE NATURAL EXPERIENCE (the "Parties"), and it appearing to the Court that such a Protective Order is necessary and appropriate and will facilitate discovery, IT IS HEREBY ORDERED as follows:

1. Designation of Confidential or AEO Information.

"CONFIDENTIAL MATERIALS" refers to any materials that are stamped with "Confidential" or "Confidential -- Subject to Protective Order." Such materials may be so designated if they contain confidential financial, health, trade

secrets, proprietary, or other personal or commercial information that in the good faith belief of such party and its counsel the unrestricted disclosure could cause injury to such party's competitive position or be potentially prejudicial to the business or operations of such party. "AEO MATERIALS" refers to any materials that are stamped with "AEO," "Attorneys' Eyes Only," or "AEO -- Subject to Protective Order." Such materials may be so designated only if, in the good faith belief of such party and its counsel, the information is such that, if disclosed, it could readily be exploited for commercial advantage by a competitor, or is among that considered to be most sensitive by the party, including but not limited to trade secret or other confidential research, development, financial, or other sensitive commercial information. Documents may be designated as CONFIDENTIAL MATERIALS or AEO MATERIALS at any time, including after a document is produced without such a designation, with the effect that such document is thereafter subject to the provisions of this Protective Order, and the earlier failure to designate a document as CONFIDENTIAL or AEO shall not constitute a waiver of such claim. Any documents designated as CONFIDENTIAL or AEO MATERIALS prior to entry of this Order shall be treated the same in all respects as documents designated as CONFIDENTIAL or AEO MATERIALS after the entry of this Order.

2. Work Product that Includes CONFIDENTIAL or AEO MATERIALS.

CONFIDENTIAL or AEO MATERIALS also include those portions of any notes, work papers, or other work product that contains confidential information from documents designated as CONFIDENTIAL or AEO MATERIALS.

3. Definition of Litigation.

As used herein "Litigation" refers only to the above-captioned action and any appeals thereof and shall not include any related cases or proceedings.

4. Limitations on Disclosure of Confidential Information. Discovery materials designated CONFIDENTIAL MATERIALS, and information derived therefrom, shall be maintained in confidence by the Party to whom such materials are produced or given. The Party receiving CONFIDENTIAL MATERIALS shall use them solely for purposes of this Litigation and not in any other proceeding or litigation; shall not use them for any other purpose, including, without limitation, any business, investment, or commercial purpose; and shall not disclose them to any person or entity except the following qualified recipients:

a. The Parties and their counsel, including attorneys, paralegals, and stenographic and clerical staff employed by such counsel;

b. Stenographic employees, court reporters and videographers recording or transcribing testimony in this Action;

c. The Court, settlement officers and/or mediators, and any members of their staff to whom it is necessary to disclose the information;

d. Outside consultants and experts retained by a Party or the Party's counsel to assist in this Litigation, or witnesses or deponents in advance of and in preparation for testimony, provided that each such third party has been provided a copy of this Protective Order and has signed an Acknowledgement of Protective Order substantially similar to Exhibit A hereto acknowledging receipt of the Order, their agreement to be bound by it, and their consent to personal jurisdiction before this Court;

e. Other persons, provided that (1) the producing party has consented in writing to disclosure to such other person, and (2) such other person has been provided a copy of this Protective Order and has signed a receipt acknowledging the receipt of the Order, their agreement to be bound by it, and their consent to personal jurisdiction before this Court;

f. Deponents in depositions in this Litigation who are provided any CONFIDENTIAL or AEO MATERIALS, subject to the provisions of paragraphs 10-12 of this Protective Order; and

g. Any copy services or other service providers engaged by the Parties or their counsel to assist in this Litigation, provided that each such third party has been provided a copy of the Protective Order and has signed a receipt acknowledging the receipt of the Order, their agreement to be bound by it, and their consent to personal jurisdiction before this Court.

Discovery materials designated as AEO MATERIALS shall be subject to the same protections outlined above in this Paragraph 4 with regard to CONFIDENTIAL MATERIALS, with the additional limitation that they shall not be disclosed to any party or non-counsel party representative, with the exception of one (1) party representative who has executed an Acknowledgement of Protective Order substantially similar to Exhibit A attached hereto.

5. Protection of CONFIDENTIAL and AEO MATERIALS. Counsel shall take all reasonable and necessary steps to assure the security of any CONFIDENTIAL and AEO MATERIALS and will limit access to CONFIDENTIAL and AEO MATERIALS to only those persons authorized by this order.

6. Retention of Receipts.

Counsel to whom CONFIDENTIAL or AEO MATERIALS are disclosed shall keep in their files copies of the originals of the signed ...


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