ORDER RE STIPULATION FOR PROTECTIVE ORDER [PROPOSED] ORDER RE STIPULATION FOR PROTECTIVE ORDER
This Court, having read and considered the Stipulation for Protective Order submitted by Plaintiff and Counterdefendant Bob Banner Associates, Inc., Counterdefendant Legendary Entertainment Alliance, LLC, Defendants and Counterclaimants Whacko, Inc. and Carol Burnett, and Counterclaimant Mabel Cat, Inc., by their attorneys (collectively, the "Parties"), and finding good cause therefor, orders that:
1. This Stipulation for Protective Order shall govern the production, use and handling of confidential, proprietary and/or private documents and information produced by parties in this litigation in response to written discovery and in initial disclosures (collectively "Confidential Material" or "Material"). All Confidential Material subject to this Protective Order shall be used solely for the prosecution, defense or settlement of this action and shall not be used by any other party, other than the party that produced it, in any other litigation, for business, competitive, or publicity purposes, or for any other purpose whatsoever.
2. Any party responding to discovery or otherwise ("Designating Party") may designate Confidential Material by placing a "Confidential" stamp on each page so designated, for each document or information that, in good faith, the party believes is confidential, proprietary and/or private. Documents and written discovery responses shall be designated as "Confidential" at the time of production. In addition, if a party files or lodges papers with the Court that incorporate Confidential Material, those unredacted papers, or the Confidential portions thereof, shall be treated as Confidential Material.
3. The inadvertent production of any confidential, private or proprietary material during the scope of this action, regardless of whether the material was designated Confidential at the time of disclosure, shall not be deemed a waiver of a party's claim to confidentiality and shall not constitute a waiver of a party's right to subsequently designate such material as Confidential.
4. Confidential Material shall not include, and this Stipulation for Protective Order shall not be construed to apply to, any information that: (a) is already public knowledge or otherwise in the public domain; (b) has become public knowledge or enters the public domain other than as a result of disclosure in violation of this Stipulation; or (c) has come or shall come into a receiving party's possession from sources other than the Designating Party.
5. Confidential Material shall not be shown, revealed, released, disclosed, or communicated in any way to any person or entity, except those listed in Paragraph 6 below, without the advance written authorization of the party that produced it.
6. Confidential Material may only be disclosed to the following:
a. To the Court, subject to paragraph 7 below;
b. The attorneys of record for the parties to this litigation, their respective associates, partners, clerks, paralegals, legal assistants, secretaries, and other support staff who are actively engaged in assisting such attorneys in the prosecution or defense of this litigation or the related litigation;
c. Experts retained or consulted by any party or their counsel as required to assist in the conduct of this litigation, provided that prior to disclosure, any such expert is provided with a copy of this Protective Order and acknowledges in writing that he or she agrees to be bound by these terms;
d. The parties to this litigation, to the extent that such disclosure is necessary for the prosecution, defense or settlement of this litigation;
e. Clerical or ministerial service providers, including outside copying services and court reporters, retained by a party's counsel to assist such counsel in connection with this litigation; and
f. Authors, addressees or recipients of the Confidential Material; and
g. Any person of whom testimony is taken in this action, provided that prior to disclosure, any such person who does not also fall into another subcategory of this paragraph is provided with a copy of this Protective Order and ...