[PROPOSED] PROTECTIVE ORDER GOVERNING DOCUMENTS, TESTIMONY AND INFORMATION PRODUCED BY DEER Date: Time: Ctrm: 7 Trial Date: None Set
1.PURPOSES AND LIMITATIONS
Having reviewed the parties' Stipulation Regarding [Proposed] Protective Order Governing Documents Produced By Deer Consumer Products, Inc. ("Deer"), and good cause appearing, the Court hereby enters the following Protective Order (the "Order"). Deer has agreed to produce documents that it provided in both (1) the SEC action, In the Matter of Deer Consumer Products, HO- 11595 ("SEC Action") and (2) to the NASDAQ request for information ("NASDAQ Request") that relate to the Litigation, so long as those documents relate to alleged misconduct that occurred prior to March 21, 2011 ("Production"). The Parties further agreed no Production will take place until 7 days after the Conclusion (as defined in the Stipulation of Settlement) of the SEC Action and NASDAQ Request. (See Stipulation of Settlement, Section M, ¶¶ 1-2, Doc. No. 87 at 31.). This Order governs the Production.
2.1 Party: Lead Plaintiffs, Deer, and any of their officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.2 Non-Party: any natural person, partnership, corporation, association, or other legal entity not identified as a Party at paragraph 2.1.
2.3 Receiving Party: a Party that receives any part of the Production from Deer..
2.4 "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) or California Civil Code §3426.1.
2.5 Protected Material: all Production produced by Deer that has been designated "CONFIDENTIAL."
2.6 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). As of the date of this Order, Deer's Counsel is Scheper Kim & Harris, LLP. Should Deer replace Scheper Kim & Harris, LLP, as its counsel, Deer shall promptly provide the name, telephone number, and email address of its new counsel to Lead Plaintiffs.
2.7 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.
2.8 Outside Counsel: 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.
2.9 Notification Counsel: Counsel to whom notification required to be made by this Order should be addressed. As of the date of this Order, Deer's Notification Counsel is Scheper Kim & Harris, LLP. Should Deer replace Scheper Kim & Harris, LLP, as its Notification Counsel, Deer shall promptly provide the name, telephone number, and email address of its new counsel to Lead Plaintiffs.
2.10 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its Counsel to serve as an expert witness or as a consultant in this litigation. This definition includes a professional jury or trial consultant retained in connection with this litigation and any participants in a focus group, mock trial or research connected with case preparation.
2.11 Vendor: a person or entity which provides litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and its employees and subcontractors.
2.12 Electronic Data: information stored or recorded in the form of electronic or magnetic media (including information, files, databases or programs stored on any digital or analog machine-readable device, computers, discs, networks or tapes).
(a) The protections conferred by this Order cover Protected Material, including (1) any information copied or extracted from Protected Material; (2) any copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Order shall not apply to any document or information which: (a) was in the public domain at the time of disclosure or became part of the public domain after its disclosure, not as a result of a violation of this order; or (b) was discovered independently and lawfully by the Receiving Party.
(b) This Order is binding on all Parties to this action, on all Non-Parties who have agreed to be bound by this Order and on all others who have signed the document attached hereto as Exhibit A, and shall remain in force and effect until modified, superseded, or terminated by consent of the parties or by order of the Court.
Even after final disposition of the Litigation, the confidentiality obligations imposed by this Order shall remain in effect until Deer agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with prejudice; and
(2) final judgment herein after the completion and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. The Court retains jurisdiction over this action for enforcement of the provisions of this Order following the final disposition of this litigation.
5.DESIGNATING PROTECTED MATERIAL
5.1 Designation of Confidentiality
(a) All documents and information produced by Deer in response to the SEC Action or NASDAQ Request that also (i) contain sensitive business information and/or confidential research, development (ii) or competitively sensitive current commercial information (iii) or documents or information containing the personal bank account numbers or social security numbers of individuals (iv) or that Deer believes qualifies for protection under Fed. R. Civ. P. 26(c) or California Civil Code §3426.1, may be designated as "CONFIDENTIAL."
(b) Deer shall only designate information as Protected Material if it has a good faith basis to do so.
(c) If it comes to Deer's attention that information or items it designated for protection do not qualify for protection, then Deer shall promptly notify all Parties that ...