ONE LLP, Lester J. Savit, Peter R. Afrasiabi, Christopher W. Arledge, Kainoa Asuega, Attorneys for Plaintiff.
BUCHALTER NEMER, A Professional Corporation Steven Brower (SBN: 93568), Irvine, CA.
BASS, BERRY & SIMS, PLC, Terry Clark (admitted pro hac vice), Brian Iverson (admitted pro hac vice), Washington, D.C., Attorneys for Defendants and Counterclaimants Pearl Corporation and Pearl Musical Instrument Company.
[PROPOSED] PROTECTIVE ORDER
ROBERT N. BLOCK, Magistrate Judge.
The Court, having considered the Stipulation to Entry of Protective Order duly executed by counsel for all parties and having determined good cause exists for entry of this Order, HEREBY ORDERS that the terms and conditions of this Protective Order shall govern the handling of discovery materials in the above-captioned litigation:
1. Applicability of this Order: This Protective Order ("Order") will govern any and all discovery proceedings in this Litigation, including the handling of documents, depositions, deposition exhibits, interrogatory responses, responses to requests for admissions, responses to requests for production of documents, expert declarations, and all other discovery obtained pursuant to the Federal Rules of Civil Procedure by and from a party or non-party in connection with this Litigation (this information hereinafter referred to as "Discovery Material"). As used herein, "Producing Party" shall refer to the parties to this action that give testimony or produce documents or other information, and "Receiving Party" shall refer to the parties to this action that receive such information.
2. Designation of Material: Any Producing Party may designate Discovery Material that is in their possession, custody or control to be produced to a Receiving Party as "Confidential" or "Highly Confidential - Attorneys' Eyes Only" under the terms of this Order if the Producing Party in good faith reasonably believes that such Discovery Material contains non-public, confidential materials as defined in paragraphs 4 and 5 below.
3. Good Faith: Confidentiality designations shall be made in good faith. Discovery Material should not be designated for the purpose of delaying, obstructing, or interfering with the progress of this Litigation.
4. Confidential Material: For purposes of this Order, the parties may designate as "Confidential" all Confidential Material. Confidential Material is any information that a party believes in good faith to be confidential or sensitive information, including, but not limited to, trade secrets, research, design, development, financial, technical, marketing, planning, personal, or commercial information, as such terms are used in Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure.
5. Highly Confidential Material: For purposes of this Order, the parties may designate as "Highly Confidential - Attorneys' Eyes Only" all Confidential Material that satisfies the requirements of paragraph 3 and which comprises or contains particularly sensitive information, including, but not limited to, trade secrets of a technical nature, such as non-public product design and testing information, product development plans, manufacturing methods, product formulas, or extremely sensitive, highly confidential, non-public business information, such as financial, regulatory, or strategic information, including marketing plans, customer lists, pricing plans, balance sheets, or supplier identities, or any other information of which unrestricted disclosure would put the Producing Party at a competitive disadvantage ("Highly Confidential Material").
6. Designating Confidential Material or Highly Confidential Material: The designation of Discovery Material as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" pursuant to this Order shall be made in the following manner:
a. Documents: In the case of documents or other materials (apart from depositions, court filings or other pre-trial testimony), designation shall be made by conspicuously affixing the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" to each page containing any Confidential or Highly Confidential Material, respectively.
b. Depositions: In the case of depositions, designation of the portion of the transcript (including exhibits) that contains Confidential or Highly Confidential Material shall be made (i) by statement to such effect on the record during the deposition in which the testimony is received, or (ii) by written notice served on counsel of record in this Litigation within thirty (30) business days after the receipt of the draft transcript of such deposition. However, before such thirty (30) day period expires, all testimony, exhibits and transcripts of depositions shall be treated as if designated "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY."
c. Non-Written Materials: Any non-written Confidential or Highly Confidential Material (e.g., videotape, audio tape, computer disk, etc.) may be designated as such by conspicuously affixing "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" to the outside of such non-written material.
d. Court Documents: In the case of affidavits, briefs, memorandum, pleadings, or other documents filed with the Court in this Litigation, or discovery requests or responses served on a party, designations shall be made by conspicuously affixing the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" to the face of each court document or discovery response.
7. Inadvertent Disclosure: The inadvertent failure to designate Discovery Material as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" does not constitute a waiver of such claim and may be remedied by prompt supplemental written notice upon discovery of the inadvertent disclosure, with the effect that such Discovery Material will be subject to the protections of this Order. The Receiving Party shall exercise good faith efforts to ensure that copies it makes of Discovery Material produced to it, and copies made by others who obtained such Discovery Material directly or indirectly from the Receiving Party, include the appropriate confidentiality legend, to the same extent that the Discovery Material has been marked with the appropriate confidentiality legend by the Producing Party.
8. Notes of Confidential Material or Highly Confidential Material: Any notes, lists, memoranda, indices, or compilations prepared or based on an examination of Confidential Material or Highly Confidential Material shall be accorded the same status of confidentiality as the underlying Confidential Material or Highly Confidential Material from which they are made and shall be subject to all of the terms of this Protective Order.
9. Notice to Non-Parties: Any Party issuing a subpoena to a non-party shall enclose a copy of this Protective Order with a request that, within ten (10) calendar days, the non-party either request the protection of this Protective Order or notify the issuing party that the non-party does not need the protection of this Protective Order or wishes to seek different protection.
10. Persons Authorized to Receive Confidential Information: Discovery Material designated "CONFIDENTIAL" shall not be disclosed, summarized, described, or otherwise communicated or made available in whole or in part to any person or entity, directly or indirectly, other than the following:
a. Judges, Magistrates, law clerks, and other clerical personnel of the Court before which this Litigation is pending, including court reporters employed to transcribe testimony or argument at a hearing, trial, or deposition in this Litigation or any appeal therefrom;
b. Counsel of record in this Litigation, as well as attorneys, paralegals, administrative and clerical employees working under the direct supervision of such counsel;
c. Subject to paragraph 12 hereof, independent experts or consultants assisting any counsel of record in this Litigation, provided such experts and consultants have completed and signed the "Undertaking Concerning Disclosure of Information ...