MICHAEL S. WARD #178648 MARK A. DELGADO #215618 FITZGERALD ABBOTT & BEARDSLEY LLP, Oakland, California,
EDWARD NOONAN (Admitted Pro Hac Vice) MARK A. JOHNSTON (Admitted Pro Hac Vice) SARAH SHYR (Admitted Pro Hac Vice) ECKERT SEAMANS CHERIN & MELLOTT, LLC, Washington, DC, Attorneys for PLAINTIFF AND COUNTERDEFENDANT LECG, LLC
DEAN A. DICKIE (Admitted Pro Hac Vice) KATHLEEN E. KOPPENHOEFER (Admitted Pro Hac Vice) MILLER, CANFIELD, PADDOCK AND STONE, P.L.C., Chicago, IL,
GEORGE L. HAMPTON IV #144433 COLIN C. HOLLEY #191999 HAMPTON HOLLEY LLP, Corona del Mar, California, Attorneys for DEFENDANT AND COUNTERCLAIMANT SANJAY UNNI
STIPULATION AND [PROPOSED] ORDER FOR PRODUCTION, EXCHANGE AND FILING OF HIGHLY CONFIDENTIAL INFORMATION
EDWARD M. CHEN, District Judge.
WHEREAS, the plaintiff and counterdefendant LECG, LLC, a California limited liability company ("LECG"), and the defendant and counterclaimant Sanjay Unni, an Individual, ("Unni"), are parties to the above-captioned litigation (the "Litigation");
WHEREAS, LECG and Unni (collectively, the "Parties") filed and the Court approved the Parties' Stipulation for Production, Exchange and Filing of Confidential Information on September 5, 2013;
WHEREAS, the Parties and non-party Berkeley Research Group ("BRG") agreed to a Confidentiality Stipulation ("BRG Stipulation") whereby materials produced, served, or filed by BRG in this case could be designated as "Confidential" or "Highly Confidential"; and
WHEREAS, Unni served non-party Deloitte & Touche LLP ("Deloitte") with two subpoenas ("Deloitte Subpoenas"), in or around September 2013 and January 2014, seeking the production of confidential, tax-related documents of LECG.
IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, subject to the approval of the Court, that the following Stipulation and [Proposed] Order for Production, Exchange and Filing of Highly Confidential Information (the "Deloitte Stipulation and Order") shall govern the handling of documents, depositions, deposition exhibits, and any other information or material produced, served or filed in connection with the Deloitte Subpoenas ("Highly Confidential Information"). The Parties further acknowledge and agree, as set forth in Section 6 below, that the Deloitte Stipulation and Order creates no entitlement to file Highly Confidential Information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the Court to file material under seal.
1. All documents, information, or testimony by Deloitte in response to the Deloitte Subpoenas shall constitute Highly Confidential Information and shall be designated as "Highly Confidential - Attorneys' Eyes Only." All information derived from Highly Confidential Information, including but not limited to extracts, summaries and descriptions of such material, shall be treated as Highly Confidential in accordance with the provisions of the Deloitte Stipulation and Order.
2. The designation of "Highly Confidential" for purposes of the Deloitte Stipulation and Order shall be made in the following manner:
a. In the case of documents (apart from depositions or other pretrial testimony): by affixing the legend "Highly Confidential - Attorneys' Eyes Only" to each page or by affixing the legend "Highly Confidential - Attorneys' Eyes Only" to any disk of documents produced (whereby all documents on the disk will be presumed to be Highly Confidential).
b. In the case of depositions or other pretrial testimony that identifies the specific data contained within the documents identified in Paragraph 2(a) above, by directing the court reporter that the appropriate confidentiality legend be affixed to those portions of the original and all copies of the transcript which identify the specific data contained within the documents identified in Paragraph 2(a) above. The Parties may modify this procedure ...