ERIC J. AMDURSKY (S.B.N. 180288), O'MELVENY & MYERS LLP, ADAM G. EVINE (S.B.N. 200522), CHELS A D. RAITEN (S.B.N. 277682), O'MEL ENY & MYERS LLP, Menlo Park, CA, Attorneys for Defendant Jay R. Simon.
Daniel P. Hogan, McCABE & HOGAN P.C., Attorneys for Plaintiffs GLOBAL MEDICAL SOLUTIONS, LTD and HSB HOLDINGS.
Christopher M. Moody, MOODY & WARNER, P.C. Attorneys for Defendant JAY R. SIMON.
STIPULATION AND PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION
[CHANGES MADE BY COURT TO PARAGRAPH 9]
JACQUELINE CHOOLJIAN, Magistrate Judge.
WHEREAS Plaintiffs Global Medical Solutions, Ltd. and HSB Holdings and Defendant Jay R. Simon are conducting discovery in connection with the above-captioned action;
WHEREAS the parties desire, by entering into this Stipulation and Protective Order, to protect the unauthorized disclosure of confidential information that would be detrimental to the legitimate commercial or privacy interests of the parties, and that may need to be disclosed to adversary parties in connection with discovery;
IT IS THEREFORE STIPULATED AND AGREED THAT:
1. Any Party (herein used to refer individually to plaintiffs, defendant, and any other party who later appears in this action as a plaintiff or defendant and becomes bound by the terms of this Protective Order) or non-party may designate as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" any portions of any testimony, documents, records or tangible things - and any copies, abstracts, excerpts or analyses thereof - given, used, served or produced by the Party or nonparty in connection with this action, including without limitation in response to formal discovery demands or subpoenas or in compliance with the initial disclosure requirements prescribed by Federal Rules of Civil Procedure 16 and 26(a), that the designating Party or non-party in good faith believes to contain, reflect, regard, or disclose any trade secret, confidential, private, personal or proprietary information. The Parties agree that the HIGHLY CONFIDENTIAL designation should be used only to protect the disclosing party from the type of irreparable competitive or commercial injury which could result from disclosing previously non-public, proprietary or confidential information to a direct competitor, or an individual affiliated with a direct competitor.
2. A Party or non-party that inadvertently fails to mark an item as CONFIDENTIAL or HIGHLY CONFIDENTIAL at the time it is given, used, served or produced may correct its failure in writing, accompanied by substitute copies of each item, container or folder, appropriately marked as CONFIDENTIAL or HIGHLY CONFIDENTIAL, provided such writing and substitute copies are served no later than the discovery cutoff. Once substitute copies have been provided, all copies of the inadvertently unmarked item, container or folder shall be destroyed or returned to the producing Party or non-party.
3. No CONFIDENTIAL or HIGHLY CONFIDENTIAL information shall be made public by the receiving Party or divulged to anyone other than as set forth herein. Absent a specific order by the Court or if the designating Party otherwise agrees, once designated as CONFIDENTIAL or HIGHLY CONFIDFNTIAT, such materials and information shall he used by the Parties solely in connection with this litigation, and not for any other purpose whatsoever, or in any other action, arbitration, hearing, dispute, tribunal or proceeding, for any reason whatsoever.
4. CONFIDENTIAL or HIGHLY CONFIDENTIAL shall be treated by each receiving Party as confidential unless and until the Court rules to the contrary or the designating Party agrees otherwise. Unless and until the Court rules or the designating Party otherwise agrees, and except as set forth in Paragraph 5 herein, materials designated as CONFIDENTIAL shall be limited to the following persons, subject to the qualification provisions contained in 4.f herein:
a. the Court and those employed by the Court;
b. each of the named Parties to the litigation who has, through that Party's respective counsel, signed this Stipulation and Protective Order (or who has accepted the terms of this Stipulation and Protective Order by the execution of Exhibit A hereto), including any representative of the Party (officers, directors, partners, employees) assisting in the prosecution or the defense of the litigation, and such Party's counsel, including the clerical, secretarial, and paralegal staff employed by such counsel;
c. court reporters and employees of court reporters engaged by counsel to record and transcribe testimony in this litigation, and translators ...