United States District Court, N.D. California
ANTHONY C. LUSTIG, Plaintiff,
AZGEN SCIENTIFIC HOLDINGS PLC, Defendant.
PROTECTIVE ORDER FOR STANDARD LITIGATION
Haywood S. Gilliam, Jr. United States District Judge.
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the court enters the following Protective Order. Plaintiff
acknowledges that this Order does not confer blanket
protections on all disclosures or responses to discovery and
that the protection it affords from public disclosure and use
extends only to the limited information or items that are
entitled to confidential treatment under the applicable legal
principles. Plaintiff further acknowledges, as set forth in
Section 12.3, below, that 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
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“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).
Counsel (without qualifier): Outside Counsel of
Record and House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
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.
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.
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.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
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.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by this Order do
not cover the following information: (a) any information that
is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after
its disclosure to a Receiving Party as a result of
publication not involving a violation of this Order,
including becoming part of the public record through trial or
otherwise; and (b) any information known to the Receiving
Party prior to the disclosure or obtained by the Receiving
Party after the disclosure from a source who obtained the
information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews ...