United States District Court, C.D. California, Western Division
Amjad
M. Khan (SBN 237325) Jill R. Glennon (SBN 204506) BROWN NERI
SMITH & KHAN LLP Attorneys for Plaintiff REACHLOCAL, INC.
PROTECTIVE ORDER
Manuel
L. Real United States District Court Judge
WHEREAS,
Plaintiff ReachLocal, Inc. (“ReachLocal”) and
Defendants PPC Claim Limited (“PPC Claim”) and
Kieran Paul Cassidy (collectively the “Parties”)
agree that disclosure and discovery activity in this action
is likely to involve the production of proprietary business
information concerning the Parties;
WHEREAS,
good cause exists for the issuance of a protective order to
maximize efficiencies in the conduct of fact discovery, to
protect certain confidential, proprietary, and trade secret
information and to ensure the preservation of relevant
evidence, the Court hereby enters the following Protective
Order (“Order”):
1. The
following procedures shall govern the production of all
materials (whether in electronic, hard copy or computer
readable form) during discovery and presentation to the Court
of pleadings in this action, including but not limited to,
answers to interrogatories, requests for admissions, all
documents produced by parties and nonparties, responses to
subpoenas duces tecum, deposition testimony, information
contained therein, information provided during any settlement
discussions, and all information and documents already
provided by the producing or authoring party (collectively,
“Discovery Material”).
2. The
following definitions shall apply to this Order:
a. The “Designating Party” shall mean the
producing or authoring party of the Discovery Material.
b. The “Receiving Party” shall mean the party
receiving Discovery Material.
c. “Confidential Information” means any Discovery
Material, which contains non-public, confidential or
proprietary information, whether personal or business
related, including, without limitation, non-public personally
identifying information held by a Designating Party on behalf
of its customers and users that may be used to identify a
specific individual as set forth in Title 18, United States
Code, Section 1028(d)(7) and California Civil Code
§1798.80(e). Certain limited types of
“Confidential Information” may be further
designated, as defined and detailed below, as
“Attorney’s Eyes Only Information.”
d. “Attorney’s Eyes Only Information” shall
mean documents or information that the Designating Party
deems in good faith to constitute or refer to trade secrets
and sensitive financial or competitive information or
Sensitive Customer Information.
e. “Protected Information” shall mean
Confidential Information and Attorney’s Eyes Only
Information.
f. “Sensitive Customer Information” shall mean
confidential, non-public financial account information about
a Designating Party’s customer.
3. The
following instructions shall apply:
a. All Confidential and Attorneys Eyes Only designations
shall be made in good faith by the Designating Party and made
at the time of disclosure, production, or tender to the
Receiving Party, or at such other time as permitted by this
Order, provided that the inadvertent failure to so designate
does not constitute a waiver of such claim, and a party may
so designate Discovery Material after such inadvertent
failure, subject to the protections of this Order.
Designations of Confidential or Attorneys Eyes Only shall
constitute a representation that such Discovery Material has
been evaluated by an attorney for the Designating Party and
that there is a valid and good faith basis for such
designation, and that disclosure of such information to
persons other than those permitted access to such material
hereunder would cause injury to the Designating Party or
non-party.
b. The designation of Discovery Material in the form of
documents, responses to admissions and interrogatories, or
other tangible materials (including, without limitation,
CD-ROMs and tapes) other than depositions or other pre-trial
testimony, as Protected Information shall be made by the
Designating Party in the following manner, and shall not be
disclosed to anyone else.
i. Documents designated “Confidential” shall be
so marked by conspicuously affixing the legend
“CONFIDENTIAL” or “CONFIDENTIAL PURSUANT TO
PROTECTIVE ORDER” or similar designation on each page
containing any Confidential Information (or, in the case of
computer medium, on the medium and its label and/or cover) to
which the designation applies. Such designated Discovery
Material shall be identified by Bates number. To the extent
practical, the Confidential legend shall be placed near the
Bates number.
ii. Documents designated “Attorney’s Eyes
Only” shall be so marked by conspicuously affixing the
legend “ATTORNEY’S EYES ONLY” or
“ATTORNEY’S EYES ONLY PURSUANT TO PROTECTIVE
ORDER” or similar designation on each page containing
any Attorney’s Eyes Only Information (or, in the case
of computer medium, on the medium and its label and/or cover)
to which the designation applies. Such designated Discovery
Material shall be identified by Bates number. To the extent
practical, the Attorney’s Eyes Only legend shall be
placed near the Bates number.
c. If a document has more than one designation, the more
restrictive or higher confidentiality designation applies.
d. Only information or material that the Designating Party
shall, in good faith, deem Protected Information shall be so
designated, but an entire document or materials may be
designated as Protected Information if any part of it
contains Protected Information, unless the Designating Party
elects to designate only portions of the document or material
as Protective Information. The attorneys of record for such
Designating Party shall be deemed to have certified that such
counsel believes that the designation has been made in good
faith and that there are substantial grounds in law and fact
to support the designation.
4.
Protected Information shall not include any Discovery
Materials which:
a. Have been or become lawfully in the possession of the
Receiving Party without obligations of confidentiality
through other litigation or communications other than
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