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Rebel Media Ltd., A United Kingdom Entity v. Jay Vir

February 26, 2013

REBEL MEDIA LTD., A UNITED KINGDOM ENTITY;
NO GOOD ENTERTAINMENT, INC., A CALIFORNIA CORPORATION, PLAINTIFFS,
v.
JAY VIR, AN INDIVIDUAL ALSO KNOWN AS "JAY R. VIR" AND "JANAK VIBHAKAR"; NO GOOD DIGITAL, INC., A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS. JAY VIR, AN INDIVIDUAL; AND NO GOOD DIGITAL, INC., A CALIFORNIA CORPORATION, COUNTERCLAIMANTS,
v.
REBEL MEDIA LTD., A UNITED KINGDOM ENTITY;
NO GOOD ENTERTAINMENT, INC., A CALIFORNIA CORPORATION;
KOUROSH TAJ, AND INDIVIDUAL;
CHRISTIAN HERLES, AND INDIVIDUAL; AND ROES 1 THROUGH 10 INCLUSIVE, COUNTERDEFENDANTS.



The opinion of the court was delivered by: Honorable Manuel Real Judge, United States District Court

STIPULATED PROTECTIVE ORDER

Complaint Filed: May 25, 2012 Counterclaims Filed: July 13, 2012

WHEREAS, disclosure and discovery activity in this action, Rebel Media Ltd. and No Good Entertainment, Inc. v. Jay Vir and No Good Digital, Inc., Case No. CV 12-04602-R-JC (hereinafter, the "Action") may involve production of confidential and proprietary business and financial information for which special protection from public disclosure, disclosure amongst parties who are or may be in competition, and use for any purpose other than prosecuting this litigation may be warranted; and

WHEREAS, the parties acknowledge that this Stipulated Protective Order (hereinafter, the "Protective Order") does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles;

NOW THEREFORE, the parties hereby stipulate to and request the Court to enter the following Protective Order:

1. As used in this order, "Confidential Material" shall mean any document, portion of a document, evidence, or other information that the party producing the discovery (hereinafter "Producing Party") believes in good faith to include (a) confidential and proprietary business or financial information, the public disclosure of which would cause significant competitive harm; (b) data derived from such confidential information and proprietary business or financial information, including any summaries, compilations, quotes, or paraphrases thereof; or (c) any type of private individual or personal information that has not been made generally available to the public and that is protected by Section 1 of the CALIFORNIA CONSTITUTION, including, but not limited to, social security numbers and information about salary or other compensation. Confidential Material may be made subject to the Protective Order by marking documents, discovery responses, declarations, affidavits, briefs, memoranda, or other material by affixing the legend "CONFIDENTIAL UNDER PROTECTIVE ORDER" or a similar marking.

2. As used in this Protective Order, "Highly Confidential Material" shall mean any document, portion of document, evidence, or other information that the Producing Party believes in good faith includes (a) trade secret information (as defined in CALIFORNIA CIVIL CODE § 3426.1(d)), the 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; or (b) information the disclosure of which would cause serious financial, competitive, or reputational injury to the producing party that cannot otherwise be sufficiently protected by a "Confidential Material" designation under this Protective Order. If only a portion of a document contains matter that meets either of these standards, then only that portion will be designated as containing "Highly Confidential Material", and the balance of the document will either not be designated or will be designated as containing "Confidential Material". Highly Confidential Material may be made subject to the Protective Order by marking documents, discovery responses, declarations, affidavits, briefs, memoranda, or other material by affixing the legend "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY UNDER PROTECTIVE ORDER" or a similar marking.

3. Each party that designates information or items for protection under this Protective Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Producing Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify, so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Protective Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified and that cause a party receiving the Confidential Material or Highly Confidential Material (hereinafter "Receiving Party") to incur undue expense to challenge the designation will expose the Producing Party to sanctions.

4. Inadvertent failure to designate any information, documents or materials as Confidential Material or Highly Confidential Material shall not waive the Producing Party's right to later designate such information, documents or materials as Confidential Material or Highly Confidential Material, provided that such designation is made promptly upon discovery of the inadvertent failure. Once notified of the inadvertent failure, all parties shall treat the late-designated information, documents or materials as Confidential Material or Highly Confidential Material under the terms of this Protective Order.

5. Confidential Material and Highly Confidential Material (a) shall not be used for any purpose unrelated to this litigation by the Receiving Party and (b) shall not be made public or disclosed to third parties in connection with any pre-trial proceedings, except as described in Paragraph 6 herein.

6. Disclosure of Confidential Material shall be limited to the following:

(a) the parties and their employees;

(b) the parties' outside counsel and personnel employed by outside ...


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