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In re Qualcomm Incorporated Securities Litigation

United States District Court, S.D. California

November 7, 2019

IN RE QUALCOMM INCORPORATED SECURITIES LITIGATION

          ORDER GRANTING NON-PARTY LG ELECTRONICS U.S.A., INC.'S ASSENTED-TO MOTION TO SUPPLEMENT THE PROTECTIVE ORDER

          Honorable Michael S. Berg United States Magistrate Judge

         WHEREAS the Court entered a Protective Order Governing Confidential Material in In re Qualcomm Incorporated Securities Litigation, No. 17cv121-BEN (MSB) (“Securities Litigation”) (ECF No. 78, May 29, 2019), which is referred to herein as the “Protective Order” with respect to the Action in which the instant Supplemental Protective Order regarding Non-party LG Electronics U.S.A., Inc.'s (“LGE”) material is entered; and, WHEREAS Section 10.1 of the Protective Order states that its provisions should not be construed as prohibiting a Non-Party from seeking additional protections for its confidential materials;

         WHEREAS now before the court is Non-party LGE's Assented-To Motion to Supplement Protective Order (“Motion”). Having considered the Motion, the Court hereby GRANTS the motion.

         WHEREFORE IT IS HEREBY ORDERED that the terms of the Protective Order apply to “LGE MATERIAL” (defined below), except as modified as herein:

         A. Definitions

         1. “LGE MATERIAL” includes (1) any Disclosure and Discovery Material produced by LGE or obtained from LGE witnesses in this case or (2) any Disclosure and Discovery Material produced by another party or non-party in this action that contains LGE's confidential information.

         2. “LGE CONFIDENTIAL” Information or Items refers to any LGE MATERIAL that satisfies the requirements of CONFIDENTIAL Information or Items in Section 2.3 of the Protective Order.

         3. “LGE HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY” Information or Items refers to any LGE MATERIAL that satisfies the requirements of HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Information or Items in Section 2.8 of the Protective Order.

         4. “LGE PROTECTED MATERIAL” includes LGE MATERIAL designated as either LGE CONFIDENTIAL or LGE HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY.

         B. Designation of Protected Material

         5. Notwithstanding the provisions of Section 5 of the Protective Order, LGE shall designate its CONFIDENTIAL Information or Items as “LGE CONFIDENTIAL.” In addition, any Information or Items designated by LGE as CONFIDENTIAL in this case shall be deemed designated as “LGE CONFIDENTIAL” following entry of this Order. Otherwise, all provisions governing the manner and timing of the designation of CONFIDENTIAL Information or Items apply to the designation of LGE CONFIDENTIAL Information or Items.

         6. Notwithstanding the provisions of Section 5 of the Protective Order, LGE shall designate its HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Information or Items as “LGE HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY.” In addition, any Information or Items designated by LGE as HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY in this case shall be deemed designated as “LGE HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY” following entry of this Order. Otherwise, all provisions governing the manner and timing of the designation of HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Information or Items apply to the designation of LGE HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY Information or Items.

         7. If pursuant to Section 10.2 of the Protective Order or otherwise, a party or non-party provides notice to LGE of its intent to produce a Disclosure or Discovery Material that contains LGE's confidential information, LGE may within fourteen (14) days after receiving the notice request that the Producing Party designate the information as “LGE CONFIDENTIAL” or “LGE HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY.” If the request is timely received, the Producing Party shall so designate the information prior to producing the Disclosure or Discovery Material. The protections conferred by this Supplemental Protective Order shall apply only to the extent that the Receiving Party has received actual notice of LGE's designation of the LGE Protected Material as “LGE CONFIDENTIAL” or “LGE HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY.”

         C. Access to and Use of LGE ...


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