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Robbins Research International, Inc., Steven Paul Doyle v. Needbasedapps

November 7, 2012

ROBBINS RESEARCH INTERNATIONAL, INC., STEVEN PAUL DOYLE, PLAINTIFFS,
v.
NEEDBASEDAPPS, LLC, AND DOES 1-10,
DEFENDANTS.



The opinion of the court was delivered by: The Honorable Fernando M. Olguin United States Magistrate Judge

STIPULATED PROTECTIVE ORDER NOTE CHANGES MADE BY THE COURT.

Plaintiffs Robbins Research International, Inc. ("RRI") and Steven Paul Doyle ("Doyle") (collectively, RRl and Doyle will be referred to as "Plaintiffs"), and Defendant NeedBasedApps, LLC ("NBA") hereby STIPULATE and AGREE pursuant to Federal Rule of Civil Procedure 26(c), subject to approval of the Court, to the following Protective Order:

1. Disclosure and discovery activity in this action may involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. Plaintiffs and NBA (collectively, the "Parties") acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential.

2. In connection with discovery and the trial of this action, the Parties may designate certain documents and testimony, or other information derived therefrom, as "Confidential" or "Highly Confidential" under the terms of this Stipulated Protective Order ("Order").

3. "Confidential" information is information which falls within the scope of Federal Rule of Civil Procedure 26(c)(1)(G) ("trade secret or other confidential research, development, or commercial information") and all trade secrets within the meaning of California Civil Code § 3426.1(d), such as confidential personnel records, customer lists, market surveys, business plans, marketing analyses, investor information, financial records, or board meeting minutes.

4. "Highly Confidential" information is limited to the software code that relates to the Emotions Coach application; the Rapid Planning Method ("RPM") applications, the GetItDone (formerly known as PowerPlan) application, the Sales Funnel application; and any other applications that NBA and RRI developed or contemplated developing ("Source Code"). Analyses and reports regarding that Source Code, created by experts and consultants of the Parties and which analyses and reports do not include actual lines of software code, shall not be designated as "Highly Confidential", but shall be treated as "Confidential."

5. GOOD CAUSE STATEMENT: This suit is not intended to be used to gain a competitive advantage through public disclosure of sensitive commercial information. The unfettered disclosure of the above-listed information, including but not limited to the filing of the documents in the public record, could be harmful to the commercial interests of one or more of the Parties in this action. There is good cause to enter this Protective Order to ensure adequate protection against the unfettered use or public disclosure of Protected Material (as defined in Paragraph 6, supra).

6. A party receiving ("Receiving Party") material protected under this agreement ("Protected Material") may use Protected Material disclosed or produced by another Party or by a non-party in connection with this case only for prosecuting, defending, or attempting to settle this litigation.

7. By designating a document, testimony or other information derived therefrom as Protected Material labeled either "Confidential" or "Highly Confidential" under the terms of this Stipulated Protective order, the designating party is certifying that there is a good faith basis both in law and in fact for the designation. Such "Confidential" and "Highly Confidential" materials shall be used solely in connection with this lawsuit, and not for any business, competitive, or governmental purpose or function, and such information shall not be disclosed to anyone except as provided herein.

8. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order should be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires:

(a) for information in documentary form (apart from transcripts of depositions or other pretrial proceedings), that the party producing Protected Material ("Producing Party") affix the legend "Confidential" or "Highly Confidential" on each page that contains Protected Material, or prominently on each electronic media that contains Protected Material.

(b) for testimony given in deposition or in other pretrial proceedings, testimony taken at a deposition may be designated as "Confidential" or "Highly Confidential" by making a statement to that effect on the record at the deposition or other proceeding. Following the deposition, the party wishing to designate certain testimony as Protected Material ("Designating Party") shall have 30 days, after the transcript becomes available, to identify the specific portions of the testimony as to which protection is sought. Only those portions of the testimony that are appropriately designated for protection within the 30 days shall be covered by the provisions of this Stipulated Protective Order.

(c) for information produced in any other form, including any tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend "Confidential" or "Highly Confidential." If only portions of the information or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected portions.

9. Information or material produced which is designated as "Confidential" may be disclosed or made available only to the ...


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