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Kmiec v. Powerwave Technologies Inc.

United States District Court, Ninth Circuit

December 20, 2013

PAWEL I. KMIEC, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
v.
POWERWAVE TECHNOLOGIES INC., et al., Defendants.

ROBBINS GELLER RUDMAN & DOWD LLP, DARREN J. ROBBINS, (168593), ROBERT R. HENSSLER JR., (216165), MATTHEW I. ALPERT, (238024), San Diego, CA, Lead Counsel for Plaintiffs.

CONFIDENTIALITY AND PROTECTIVE ORDER

JEAN P. ROSENBLUTH, District Judge.

Lead Plaintiffs Government of Bermuda Contributory and Public Service Superannuation Pension Plans and defendants Ronald Buschur and Kevin Michaels (collectively, the "Parties") have jointly stipulated to a Confidentiality and Protective Order, and requested that this Court issue such order for the purpose of maintaining confidentiality of certain discovery material.

Having reviewed the Stipulation Regarding Proposed Confidentiality and Protective Order by the Parties, the undersigned, having found that a Confidentiality and Protective Order is appropriate to preserve the confidentiality of sensitive, confidential, proprietary and/or protected information, including, without limitation, customer information that has been or will be requested and produced in discovery in this matter or otherwise revealed or obtained, and necessary to protect the integrity of this information, the rights of the Parties, and the rights of others not a party to this proceeding,

IT IS HEREBY ORDERED:

1. Definitions:

(a) Litigation: Kmiec v. Powerwave Technologies, Inc., No. 8:12-cv-00222-CJC(JPRx) (C.D. Cal.).

(b) Party: any party to this Litigation, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).

(c) Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Litigation.

(d) Producing Party: a Party or Non-Party that produces disclosure or discovery material in this Litigation.

(e) Receiving Party: a Party that receives disclosure or discovery material from a Producing Party.

(f) Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

(g) Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

2. In responding to a Party's discovery request, each Producing Party, acting in good faith, may designate as Confidential any document, thing, or information (including testimony) it believes contains trade secrets, confidential research, development, commercial or financial information or customer information, or any other proprietary, confidential or otherwise protected information. Publicly available information may not be designated ...


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