YAHCHAAROAH LIGHTBOURNE, on behalf of himself and all others similarly situated, Plaintiff,
PRINTROOM, INC., PROFESSIONAL PHOTO STOREFRONTS, INC. and BRAND AFFINITY TECHNOLOGIES, INC., Defendants.
LATHAM & WATKINS LLP, Perry J. Viscounty (Bar No. 132143), Costa Mesa, CA.
LATHAM & WATKINS LLP, Jennifer L. Barry (Bar No. 228066), San Diego, CA, Attorneys for Defendant BRAND AFFINITY TECHNOLOGIES, INC.
HAGENS BERMAN SOBOL SHAPIRO LLP, Leonard W. Aragon, Attorneys for Plaintiff, YAHCHAAROAH LIGHTBOURNE.
AMENDED STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIALS
ROBERT N. BLOCK, Magistrate Judge.
Plaintiff Yahchaaroah Lightbourne ("Plaintiff") and defendant Brand Affinity Technologies, Inc. ("Defendant") stipulate as follows:
PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of certain confidential, proprietary, private or trade secret information for which special protection from disclosure would be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated
Protective Order Governing Confidential Materials. The parties acknowledge that this 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 to treatment as confidential under applicable state or federal law. The parties further acknowledge, as set forth in Section IX below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal; the parties shall follow the applicable rules when seeking permission from the Court to file material under seal.
Notwithstanding anything in this Stipulated Protective Order, the parties agree that the Disclosure of Discovery Material, as defined in Section I(B) below, shall not be used by the Receiving Party, as defined in Section I(C) below, for any purpose other than for prosecuting or defending this action, unless otherwise agreed to by the parties.
A. Party or Parties: any party to this action, and all parties to this action, including all of its or their officers, directors, owners, members, partners, trustees, beneficiaries, employees, consultants, retained experts, attorneys, and outside counsel (and their support staff).
B. 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 voluntarily exchanged, produced or generated by any party or non-party in disclosures or responses to discovery in this matter.
C. Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
D. Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.
E. Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL" as that term is defined below.
F. "CONFIDENTIAL" Information or Items: information (regardless of how generated, stored, or maintained) or tangible things that a Designating Party believes in good faith is confidential under applicable state or federal law. Confidential information or items generally include materials 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.
G. Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL."
H. Outside Counsel: attorneys not employed by the parties who are retained to represent or advise a Party in this action.
I. 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 and who has been approved to receive Protected Material in accordance with Section VI(E) below.
J. 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.
The protections conferred by this Stipulated Protective Order cover not only Protected Material, 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 in any settings that the designating party believes in good faith might reveal Protected Material. All notes, memoranda, reports, and other written communications that reveal or discuss information contained in Protected Materials shall be given the same protections under this Stipulated Protective Order as though they were designated as Protected Material.
This Stipulated Protective Order shall not apply to testimony or presentations at Court hearings or other Court proceedings. The Parties shall take up matters of confidentiality with the Court or judicial officer conducting such proceeding at the appropriate time in an effort to protect the material that is the subject of this Stipulated Protective Order, subject to such Court or judicial officer's determination regarding how to treat such material at such proceeding.
Even after the termination of this litigation-whether by settlement, discontinuance, dismissal, severance, judgment or other disposition-the confidentiality obligations imposed by this Stipulated Protective Order shall remain in effect until a Designating ...