JAMES C. OTTESON (S.B. #157781), BRANDON BAUM (S.B. #121318), AGILITY IP LAW, LLP, Menlo Park, CA, Attorneys for Plaintiff Eran Salu.
DANIEL M. PETROCELLI (S.B. #97802), VICTOR JIH (S.B. #186515), O'MELVENY & MYERS LLP, Los Angeles, CA, Attorneys for Defendant Generational Equity of California, LLC, Generational Equity, LLC, GW Equity, LLC, and GW Equity Group, Inc.
STIPULATED PROTECTIVE ORDER
CARLA M. WOEHRLE, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Eran Salu ("Salu") and Defendants Generational Equity of California, LLC, Generational Equity, LLC, GW Equity, LLC, and GW Equity Group, Inc., as follows:
1. GOOD CAUSE STATEMENT
Disclosure and discovery activity in this action are likely to involve production of certain documents and information pertaining to the parties' financial information, client records, marketing or business strategies, or other kinds of competitive, commercially sensitive or proprietary information, which require special protection from public disclosure and from use for any purpose other than prosecuting this litigation. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Protective Order. The parties acknowledge that this Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential. This Protective Order shall govern not only all Protected Material as defined below, but also all copies, excerpts, summaries, or compilations thereof, materials derived therefrom, and testimony, conversations, or presentations by Parties or Counsel that might reveal Protected Material.
2.1. Party: any named party to this action, including all of its officers, directors, employees, house counsel, corporate parents, subsidiaries, affiliates, consultants, retained experts, and outside counsel (and their support staff).
2.2. Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
2.3. "Confidential" Information or Items: information (regardless of how generated, stored or maintained) or tangible things that the designating Party believes in good faith constitutes or embodies matter used by it in or pertaining to its business, which matter is not generally known and which the designating Party would not normally reveal to third parties or would cause third parties to maintain in confidence, and any other information that would qualify as Confidential pursuant to the applicable legal standard.
2.4. "Highly Confidential - Attorneys' Eyes Only" Information or Items: certain limited "Confidential" information (regardless of how generated, stored or maintained, including testimony or documents or tangible things) that constitutes or contains (i) information within the definition of trade secret provided by state or federal law; (ii) customer lists and documents or information that identify customers; and (iii) any other information that contains trade secrets or other confidential research, development or commercial or financial information which would cause significant harm to the designating Party if disclosed to persons other than those described in Paragraph 7.3 below.
2.5. Protected Material: any Disclosure or Discovery Material that is designated as "Confidential" or "Highly Confidential - Attorneys' Eyes Only."
2.6. Outside Counsel: attorneys who are not a Party or employees of a Party but who are retained to represent or advise a Party in this action.
2.7. House Counsel: attorneys who not a Party but are employees of a Party.
2.8. Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).
2.9. Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been or may be retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is not a party, a current employee of a Party, or a direct competitor of a Party and who, at the time of retention, is not anticipated to become an employee of a Party or a direct competitor of a Party. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.10. Professional Vendors: persons or entities that provide litigation support services ( e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
2.11. Conclusion or Termination of this Litigation: the later of (i) full settlement of all claims, final judgment herein or the completion and exhaustion of all appeals, rehearings, remands, trials and reviews, if any, of this action, or (ii) the expiration of all time limits under applicable law for the filing of or appeals, rehearings, remands, trials or reviews of this action, including the time limits for the filing of any motions or applications for extension of time pursuant to applicable law.
The protections conferred by this Protective Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel settings that might reveal Protected Material.
Following the Conclusion or Termination of this Litigation, the confidentiality obligations imposed by this Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs.
5. DESIGNATING PROTECTED MATERIAL
5.1. Exercise of Restraint and Care in Designating Material for Protection. Each Party or non-party that designates information or items for protection under this Protective Order shall limit any such designation to specific material that qualifies under the appropriate standards. A Party shall 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 ...