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Cole Group, Inc., A Nevada Corporation v. Robert D. Manning

November 14, 2012

COLE GROUP, INC., A NEVADA CORPORATION, PLAINTIFF,
v.
ROBERT D. MANNING, AN INDIVIDUAL; ET AL., DEFENDANTS. . NEWTONIAN FINANCES, LTD., A MARYLAND CORPORATION, ET AL. COUNTERCLAIMANTS, THIRD PARTY CLAIMANTS
v.
COLE GROUP, INC., A NEVADA CORPORATION; ET AL., COUNTER DEFENDANTS, THIRD PARTY DEFENDANTS.



The opinion of the court was delivered by: Honorable R.Gary Klausner

[Assigned for Discovery Purposes to the Honorable Frederick F. Mumm, United States Magistrate Judge]

The Court having received the parties' Joint Stipulation, and good cause appearing therefor, IT IS HEREBY ORDERED AS FOLLOWS:

1. This Protective Order shall remain in full force and effect unless modified by an order of the Court or by a written stipulation of the parties filed with the Court. Without limiting the generality of the foregoing, this Protective Order shall survive and remain in full force and effect after the termination of this litigation, subject to further order of the Court.

2. Nothing in this Protective Order shall limit or preclude any party from applying to the Court for relief from this Protective Order, or for such further and additional protective orders as the Court may deem appropriate. Further, nothing in this Protective Order shall preclude or limit a party's use of its own documents, or preclude or limit a party's use of documents obtained independently.

3. Nothing in this Protective Order shall alter or supersede any prior stipulation or protective order between the parties, including the Protective Order in the case titled Cole Asia Business Center, Inc. v. Robert Manning, United States District Court Case Number CV-12-00956-DDP ("Cole Asia Action") and the Stipulated Protective Order Relating to Aurora Law Group in the instant case (which was recently signed and will be lodged with the Court). (FFM) To the extent that any party previously designated or will designate any material as "Confidential" or "Highly Confidential -- Attorney's Eyes Only" pursuant to these other aforementioned stipulated protective orders, the receiving parties are bound by such designations notwithstanding this Protective Order. If any material was or is designated "Confidential" or "Highly Confidential -- Attorney's Eyes Only" pursuant to prior stipulations and/or protective orders including in the Cole Asia Action, such designations are still binding in the instant case.

4. Any party to this litigation or any third party who submits to the jurisdiction of this Court for the purpose of interpretation and enforcement of this Protective Order ("Producing Third Party"), who, in discovery or otherwise, produces or discloses any item, including without limitation any document, thing, interrogatory answer, deposition testimony, information or admission ("Material") (collectively, "Designating Party"), may designate the same as:

a. "CONFIDENTIAL" where such Material contains competitively sensitive information or other confidential information the present disclosure of which would, in the good-faith judgment of the Designating Party, be unfairly detrimental to the Designating Party in the conduct of its business; or

b. "CONFIDENTIAL - ATTORNEYS' EYES ONLY PURSUANT TO COURT ORDER DATED NOVEMBER 2, 2012" (also referred to in this Protective Order as "AEO") where such Material meets the requirements of items designated as "CONFIDENTIAL" and, in addition, the disclosure of the Material or information contained in it to the other party poses an unfair and unreasonable risk of material harm to the Designating Party (or in the case of a Producing Third Party Designating Party, if disclosure of the Material or information contained in it to either or both parties poses an unfair and unreasonable risk of material harm to the Designating Party). All documents ordered to be produced to Plaintiff by this Court's November 2, 2012 Order shall be "CONFIDENTIAL - ATTORNEYS' EYES ONLY PURSUANT TO COURT ORDER DATED NOVEMBER 2, 2012".

5. CONFIDENTIAL and AEO Materials (collectively, "Confidential Material") shall be designated and marked in the following manners:

a. Documents: The Designating Party may designate documents as CONFIDENTIAL OR AEO by producing or serving copies of the document marked with a legend or stamp reading "CONFIDENTIAL" or "CONFIDENTIAL

- ATTORNEYS' EYES ONLY PURSUANT TO COURT ORDER DATED NOVEMBER 2, 2012." Such legend or stamp need only be placed on the first page of each document so designated.

b. Magnetic Media: Where material is produced in a magnetic medium (such as floppy diskette or other computer disc, or tape), the diskette, tape, or other medium container shall be marked as set forth above.

c. Physical Exhibits: Physical exhibits shall be marked by placing a label on the exhibit marked as set forth above

d. Deposition Testimony: Testimony taken at a deposition may be designated as CONFIDENTIAL or AEO by counsel for any party (or any witness or counsel for such a witness) who makes a statement to that effect on the record at the deposition, or, alternatively, by notifying all parties to the action in writing that specific testimony, identified by page and line numbers, is CONFIDENTIAL OR AEO, within ten (10) working days of counsel's receipt of the deposition transcript. Deposition testimony and transcripts shall be treated as CONFIDENTIAL in their entirety until receipt of written notice as provided above or the expiration of the ten working day period for giving such notice, whichever is earlier.

6. Any Materials produced in discovery by a person or entity not a party to this action may be designated as CONFIDENTIAL OR AEO by a party to this action, or by the producing third-party, by marking it in accordance with Paragraph 5 the time of production.

7. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential shall be used only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose. Confidential Material may be used only for the purposes of this litigation, and for no other purpose, and be disclosed or made available only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel), and to the following persons ("Qualified Persons"):

a. Parties and officers, directors, partners or employees of a party, and affiliates of a party deemed necessary by counsel to aid in the prosecution, ...


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