Daniel A. Sasse, (CSB No. 236234), Angela J. Yu, (CSB No. 263212), CROWELL & MORING LLP, Irvine, CA.
Christopher E. Ondeck, (Admitted pro hac vice), CROWELL & MORING LLP, Washington, DC, Attorneys for Defendant and Counterclaim Plaintiff Nexans Inc.
William E. Halle, Amy W. Larkin, O'NEILL LLP, Attorneys for Plaintiff and Counterclaim Defendant Armored Shield Technologies, Inc.
Paul K. Schrieffer, James R. Carty, P.K. SCHRIEFFER LLP, Attorneys for Defendant Communications Cable & Connectivity Association, Inc.
STIPULATION AND [PROPOSED] PROTECTIVE ORDER GOVERNING DISCOVERY MATERIAL
JOHN E. McDERMOTT, Magistrate Judge.
To expedite discovery, facilitate the prompt resolution of disputes over confidentiality, and adequately protect material entitled to be kept confidential, the parties to the above-entitled action, by and through their respective counsel of record, hereby STIPULATE AND AGREE to entry of this ORDER governing discovery material pursuant to Federal Rule of Civil Procedure 26(c).
1. PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting or defending this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this 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. The parties also acknowledge, as set forth in Paragraph 13.3 below, that this Order creates no entitlement to file confidential information under seal; Local Civil Rule 79-5 and the instructions referenced in the Court's July 9, 2013 docket entry [Doc. No. 33] set forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal.
2.1 "CONFIDENTIAL" Information or Items: information - regardless of how generated, maintained, or stored - or tangible things that qualify for protection under the standards developed under Federal Rule of Civil Procedure 26(c).
2.2 Counsel (without qualifier): Outside Counsel and In-House Counsel, as well as their support staff.
2.3 Designating Party: a Producing Party that designates information or items that it produces or discloses in disclosures, discovery responses, or deposition testimony as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY."
2.4 Disclosure or Discovery Material: all items or information - regardless of the medium or manner generated, maintained, or stored - including, among other things, documents, testimony, transcripts, or tangible things, that are produced or generated in disclosures or responses to discovery in this matter.
2.5 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 action, provided that such person shall not ordinarily act as an agent of any Party, such as an employee, officer, director, equity holder, or consultant other than a consultant specially engaged in connection with litigation. This definition of "Expert" includes a professional jury or trial consultant retained in connection with this action.
2.6 "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" Information or Items: sensitive "CONFIDENTIAL" Information or Items, the disclosure of which to another Party or Non-Party would create a substantial risk of serious harm to the Producing Party that could not be avoided by less restrictive means. By way of example and not limitation, the Parties anticipate that both they and Non-Parties will need to protect sensitive proprietary and financial information as "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY."
2.7 In-House Counsel: attorneys who are employees of a Party.
2.8 Non-Party: any natural person or association, corporation, partnership, or other legal entity not named as a Party to this action.
2.9 Outside Counsel: attorneys who are not employees of a Party, but who are retained to represent and/or advise a Party in this action.
2.10 Party: any party to this action, including all of its officers, directors, and employees.
2.11 Producing Party: a Party or Non-Party that provides Disclosure or Discovery Material in this action.
2.12 Professional Vendors: persons or entities that provide litigation support services (for example, photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, and retrieving data in any form or medium; etc.) and their employees and subcontractors.
2.13 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY."
2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
The protections conferred by this Order cover not only Protected Material, but also any information copied or extracted from Protected Material; all copies, excerpts, summaries, or compilations of Protected Material; and testimony, conversations, or presentations by the Parties or Counsel that might reveal Protected Material. The protections conferred by this Order do not cover any information that is in the public domain at the time of disclosure to a Receiving Party or that becomes part of the public domain after disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and any information known to the Receiving Party prior to disclosure or obtained by the Receiving Party after disclosure ...