Adobe Systems Incorporated v. Far

          [DISCOVERY MATTER] [PROPOSED] PROTECTIVE ORDER

          Honorable Andrew J. Wistrich United States Magistrate Judge

         Upon joint stipulation of Plaintiff Adobe Systems Incorporated (“Plaintiff”) and Defendants David Far and Nazanin Aran (“Defendants”), by and through their respective counsel of record, and FOR GOOD CAUSE SHOWN, THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS:

         1. PURPOSES AND LIMITATIONS

         Discovery in this Action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure; in the case of information that is extremely confidential and/or sensitive in nature, from disclosure to any other Party or Non-Party other than Counsel; and from use for any purpose other than prosecuting this Action may be warranted. This Protective Order Regarding the Disclosure and Use of Discovery Material (“Order” or “Protective Order”) does not confer blanket protections on all disclosures or responses to discovery and the protection it affords from public or other disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. As set forth in Section 13.3, below, this Protective Order does not entitle the Parties to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a Party seeks permission from the court to file material under seal.

         2. GOOD CAUSE STATEMENT

         This Action is likely to involve trade secrets, customer and pricing information, financial, technical and/or proprietary information for which special protection from public disclosure; and for which prevention from use for any purpose other than prosecution of this Action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of Non-Parties), information otherwise generally unavailable to the public or to any Party or Non-Party, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information Parties and Non-Parties are entitled to keep confidential, to ensure that the Parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the Action, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the Parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record in this case.

         3. DEFINITIONS

         3.1 Action:

         This pending federal law suit Adobe Systems Inc. v. Far, Case No. 2:15-CV-06192-AB (AJWx).

         3.2 Challenging Party:

         a Party or Non-Party that challenges the designation of information or items under this Order.

         3.3 “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 specified above in the Good Cause Statement.

         3.4 “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information or Items:

         extremely sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means.

         3.5 Counsel:

         Outside Counsel of Record and House Counsel (as well as their support staff).

         3.6 Designating Party:

         a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”

         3.7 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.

         3.8 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.

         3.9 House Counsel:

         attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel.

         3.10 Non-Party:

         any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         3.11 Outside Counsel of Record:

         attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes support staff.

         3.12 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside ...