JOHN G. ZIMMERMAN ARCHIVE TRUST, Plaintiff,
TWENTIETH CENTURY FOX HOME ENTERTAINMENT LLC, and DOES 1-20, Inclusive Defendants.
Larry Zerner, (SBN 155473) Law Offices of Larry Zerner, Los Angeles, CA, Attorneys for Plaintiff John G. Zimmerman Archive Trust.
JONATHAN GOTTLIEB, (SBN 194432) JANENE P. BASSETT, (SBN 197722) FOX GROUP LEGAL, Beverly Hills, CA, Attorneys for Defendant TWENTIETH CENTURY FOX HOME ENTERTAINMENT LLC.
STIPULATED PROTECTIVE ORDER
PAUL L. ABRAMS, Magistrate Judge.
Plaintiff John G. Zimmerman Archive Trust ("Plaintiff") and Defendant Twentieth Century Fox Home Entertainment LLC ("Defendant") hereby submit the following [Proposed] Stipulated Protective Order ("Protective Order").
1. PURPOSES AND LIMITATIONS
1.1. Plaintiff sued Defendant for copyright infringement of a photograph of the Mary Tyler Moore cast. Plaintiff contends that its predecessor-in-interest took the photograph that is the subject of the copyright claim and that the photograph was used on the back cover of packaging for the DVD of the 5th season of the program. Plaintiff has requested certain financial information of Defendant, including revenues, units sold, expenses, etc. Such information is confidential, proprietary business information and/or trade secrets. To the extent that customer information, vendor information, and sales information is produced in the litigation, such information also is confidential, proprietary business information and/or trade secrets. Defendant has taken significant steps to protect its confidential and sensitive business information. Public dissemination or disclosure to a competitor of Defendant's financial information could severely damage Defendant and place it at a competitive disadvantage. In addition, to the extent that communications with third parties containing private contact information or other non-public information, such information is confidential and proprietary. Moreover, public disclosure of private third party information could harm third parties.
1.2. 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 from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles as described above.
2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.
2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c) and as described in Paragraph 1.1.
2.3 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."
2.4 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and 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.
2.6 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.
2.7 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and counsel (and their support staffs).
2.8 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.
2.9 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.10 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL, " as well as (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. Protected Material does not include (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its 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 (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party.
2.11 Receiving Party: a Party that receives Disclosure or Discovery Material ...