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Inbloom Stickers, Inc. v. The Tape Factory, Inc.

United States District Court, Ninth Circuit

December 26, 2013

INBLOOM STICKERS, INC., a California Corporation, Plaintiff,
v.
THE TAPE FACTORY, INC., a California Corporation doing business as American Decal Company; PAUL G. RICCOBON, an individual; TGT, INC., a Wyoming Corporation dong business as TGT Stickers; and TIMOTHY G. TASKER, an individual, Defendant. AND RELATED COUNTERCLAIM

SEDGWICK LLP, JAMES J.S. HOLMES (State Bar No. 126779), JASON M. JOYAL (State Bar No. 251168), Los Angeles, CA, Attorneys for Defendants and Counterclaimants THE TAPE FACTORY, INC., doing business as American Decal Company, and PAUL G RICCOBON.

ORDER ON STIPULATION FOR ENTRY OF PROTECTIVE ORDER

JEAN P. ROSENBLUTH, Magistrate Judge.

ORDER

The Court, having read and considered the Stipulation for Entry of a Protective Order filed by the parties, and good cause appearing therefore,

IT IS HEREBY ORDERED THAT:

1. A party to this action who produces or provides documents, things, testimony, or other information, which he, she, or it reasonably believes in good faith to comprise or contain confidential information, and which he, she, or it desires to be subject to this Protective Order, shall designate such information or materials as "CONFIDENTIAL" or, if such information or materials are of a highly confidential or proprietary nature, such as financial information, customers, sales, trade secrets, confidential research and development, material required to be kept confidential by state or federal law, or other confidential business information, as "CONFIDENTIAL-ATTORNEYS' EYES ONLY."

2. The designation of documents, things, testimony, or other information as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" shall be made as follows:

(a) Documents and things comprising or containing Confidential Information shall be designated by prominently stamping or marking the documents or things with the term "CONFIDENTIAL" or "CONFIDENTIAL- ATTORNEYS' EYES ONLY." If a confidential document consists of multiple pages, each page of the document containing confidential information shall be so stamped or marked.

(b) A deposition transcript comprising or containing Confidential Information shall be designated "CONFIDENTIAL" or "CONFIDENTIAL- ATTORNEYS' EYES ONLY" by requesting such treatment thereof either on the record at the time of the deposition or by written notice after service of the deposition transcript. If confidential treatment of a deposition transcript is requested on the record at the time of the deposition, the requesting party shall instruct the court reporter to stamp or mark each page of the transcript containing the Confidential Information with the terms "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY." The requesting party may also instruct the court reporter to separately bind such designated pages of the transcript. If confidential treatment of a transcript is requested by a party by written notice after completion of a deposition, such written notice shall be mailed to all other parties within twenty (20) days after completion and service of the transcript. Such written notice shall specifically identify by page and line number all portions of the transcript that should be treated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with this Protective Order. Documents or things used as exhibits at a deposition that a party desires to be subject to this Protective Order shall be separately stamped or marked "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" as specified in paragraph 2(a).

(c) Any party may designate documents or things produced by a third party pursuant to a subpoena as "CONFIDENTIAL" or "CONFIDENTIAL- ATTORNEYS' EYES ONLY" by providing written notice to each other party within ten (10) days of receipt of the documents or things produced by the third party. Such written notice shall specifically identify each document or thing produced by the third party that should be treated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with this Protective Order.

(d) Notwithstanding any other provision of this Order, if any party believes that any document or other information not designated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" should be so designated (except documents or information belonging to another party), that party shall notify the other parties within 30 days following production of the documents or other information and request that the information be designated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY." A party requesting that documents be treated as "CONFIDENTIAL" in accordance with this paragraph shall also provide each other party with copies of such documents that have been stamped or marked "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in the manner indicated above. Documents or information designated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with this paragraph shall be treated in accordance with such designation from the date of receipt of the request that they be so treated and receipt of copies of the documents that have been appropriately stamped or marked "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY."

3. By designating a document, thing, testimony, or other information as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with this Protective Order, the party making such designation certifies that there is a good faith basis in both fact and law for the designation. Nothing herein shall preclude any party from designating documents, things, testimony, or other information provided by third parties as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY, provided that there is a good faith basis in both fact and law for the designation, and the designating party provides reasonable notice to the non-designating party of such contemplated designation.

4. In the absence of designating a document, thing, testimony, or other information as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" in accordance with this Protective Order, such documents, things, testimony, or other information shall be deemed to be non-confidential and not restricted by this Protective Order.

5. Information and materials designated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" shall be held by counsel in confidence and shall be used solely in connection with the prosecution, defense, or settlement of this action. Information and materials designated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" shall not be disclosed to any person except as hereinafter provided.

6. Information and materials designated "CONFIDENTIAL" pursuant to this Protective Order (including any copies, summaries, excerpts, and abstracts derived therefrom) may be disclosed, directly or indirectly, only to the following qualified persons:

(a) The Court before which this action is pending and the clerks and other personnel of the Court;

(b) Counsel of any party hereto, including in-house counsel, and all partners, associates or of-counsel ...


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