Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 1 of 19 Page ID #:1576
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`Case No. CV 12-02725 RSWL (FFMx)
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`[PROPOSED] PROTECTIVE
`ORDER
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`PROTECTIVE ORDER
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`THE RAY CHARLES FOUNDATION, a
`California Corporation,
`Plaintiff,
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`v.
`RAENEE ROBINSON, an individual;
`RAY CHARLES ROBINSON, JR., an
`individual; SHEILA ROBINSON, an
`individual; DAVID ROBINSON, an
`individual; ROBERT F. ROBINSON, an
`individual; REATHA BUTLER; and
`individual; and ROBYN MOFFETT; an
`individual,
`
`Defendants.
`
`
`RAENEE ROBINSON, an individual;
`RAY CHARLES ROBINSON, JR., an
`individual; SHEILA ROBINSON, an
`individual; DAVID ROBINSON, an
`individual; ROBERT F. ROBINSON, an
`individual; REATHA BUTLER; and
`individual; and ROBYN MOFFETT; an
`individual,
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`Counterclaimants,
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`v.
`
`THE RAY CHARLES FOUNDATION, a
`California Corporation,
` Counterclaim Defendant.
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`

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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 2 of 19 Page ID #:1577
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`The Court, having considered the Stipulated Protective Order filed by
`Plaintiff The Ray Charles Foundation and Defendants Raenee Robinson, Ray
`Charles Robinson, Jr., Sheila Robinson, David Robinson, Robert F. Robinson,
`Reatha Butler and Robyn Moffett (each individually, a “Party” and collectively, the
`“Parties”) on March 30, 2016, and good cause appearing therefore, hereby adopts,
`pursuant to Federal Rule of Civil Procedure 26(c), the terms of the Stipulated
`Protective Order.
`IT IS HEREBY ORDERED THAT:
`Good Cause Statement
`This case concerns the validity and effectiveness of notices of termination of
`copyright grants filed by defendants. Discovery is likely to entail financial
`documents and information that constitute, contain, or reveal sensitive, private,
`personal, and/or proprietary information, including documents relating to the
`royalties generated by the works. This case is also likely to put at issue information
`that may constitute a trade secret and agreements that constitute, contain, or reveal
`highly sensitive, private, personal, and/or proprietary information, including
`confidential and/or trade secret agreements entered into by the parties concerning
`the works and/or any resulting royalties.
`Therefore, consistent with Federal Rule of Civil Procedure 26(c), good cause
`exists for the Court to enter this Protective Order with respect to the specific items
`identified in paragraphs 1 and 2 because the Parties and nonparties would suffer
`serious competitive harm by the dissemination of such confidential, proprietary,
`trade secret (as defined by California Civil Code §§ 3426, et seq.), or otherwise
`private information and materials, and the producing Party’s interest in restricting
`the disclosure and use of the confidential information identified below substantially
`outweighs the interest of the public in having access to such information.
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`2
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 3 of 19 Page ID #:1578
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`Designation of Discovery Materials as “CONFIDENTIAL” or “HIGHLY
`CONFIDENTIAL - ATTORNEYS’ EYES ONLY”
`1.
`The Parties shall have the right to designate as “CONFIDENTIAL”
`and subject to this Stipulated Protective Order the following categories of
`information and Discovery Material that have not been made public and that would
`cause competitive harm to the Parties or implicate the privacy interests of Parties or
`nonparties:
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`(d)
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`(a) Non-public documents, notes, contracts, or information relating
`to the royalties generated by the works;
`(b) Non-public agreements entered into by the parties relating to the
`works and/or any resulting royalties;
`(c) Non-public documents or information relating to personal
`financial information ;
`Information that constitutes a trade secret, as defined by
`California Civil Code section 3426.1(d);
`(e) Documents and information that implicate the privacy interests
`of nonparties;
`(f) Agreements that constitute, contain, or reveal sensitive, private,
`personal, and/or proprietary information;
`Financial documents and information that constitute, contain, or
`reveal sensitive, private, personal, and/or proprietary
`information; and
`(h) Other non-public documents or information for which a Party
`reasonably believes disclosure could have an adverse business
`or competitive impact.
`2.
`The Parties shall have the right to designate as “HIGHLY
`CONFIDENTIAL - ATTORNEYS’ EYES ONLY” and subject to this Stipulated
`Protective Order the following categories of information and Discovery Material
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`(g)
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`3
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 4 of 19 Page ID #:1579
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`that have not been made public and that would cause competitive harm to the
`Parties or implicate the privacy interests of nonparties:
`(a) Any highly sensitive material that may result in significant risk
`of competitive disadvantage or harm if disclosed to another
`Party in this action or nonparty without restriction on use or
`further disclosure. The parties agree that such highly sensitive
`materials will likely include, but are not limited to, (i) financial
`documents and information that constitute, contain, or reveal
`highly sensitive private, personal, and/or proprietary
`information; (ii) information that constitutes a trade secret; or
`(iii) agreements that constitute, contain, or reveal highly
`sensitive private, personal, and/or proprietary information.
`3.
`The Parties may discover additional categories of documents that
`contain confidential and proprietary information in addition to those set forth
`above. The enumeration of categories above is without prejudice to the Parties’
`rights to seek modification of this Protective Order to include additional categories
`of information and Discovery Material.
`4.
`The designation of Discovery Material as “CONFIDENTIAL” or
`“HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” (together,
`“Confidential Information”) shall be made by stamping each page of the document
`containing such information with a legend substantially in the form of
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES
`ONLY” prior to its production, or by any other method agreed to in writing by
`counsel for the Parties. In the case of physical objects, computer disks, or other
`tangible things, the designating Party shall stamp the foregoing legend on a label
`placed on the item itself or on the container in which it is produced. All
`designations shall be stamped or affixed so as to not obscure or deface the
`Discovery Material or any portion of its contents.
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`4
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 5 of 19 Page ID #:1580
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`5.
`A nonparty shall have the right to designate as Confidential
`Information the information or Discovery Material it produces in this action if
`(i) the nonparty complies with and agrees to be bound by the provisions of this
`Stipulated Protective Order and (ii) the information or Discovery Material meets the
`applicable standard for designation, as provided in paragraph 1 or 2, above.
`6.
`Any notes, summaries, compilations, or copies containing Confidential
`Information or electronic images or databases containing Confidential Information
`shall be subject to the terms of this Protective Order to the same extent as the
`material or information from which such notes, summaries, compilations, copies,
`electronic images, or databases are made or derived.
`7.
`Inadvertent failure to designate any information as Confidential
`Information pursuant to this Protective Order shall not constitute a waiver of any
`otherwise valid claim for protection. A Party who discovers such inadvertent
`failure shall, promptly upon such discovery, notify the other Parties and promptly
`provide substitute copies of such information with the appropriate confidentiality
`designation.
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`Limitation on Use of Designated Information
`8.
`Each Party and all persons bound by the terms of this Stipulated
`Protective Order shall not use, disclose, or release any information or Discovery
`Material designated as Confidential Information under this Stipulated Protective
`Order for any purpose other than the prosecution or defense of the claims asserted
`in this action or any related alternative dispute resolution proceeding. The attorneys
`of record for the Parties and other persons receiving such information governed by
`this Stipulated Protective Order shall take all reasonable steps to ensure that such
`information and Discovery Material governed by this Stipulated Protective Order
`are (i) used only for the purposes specified herein; and (ii) disclosed only to
`authorized persons. Nothing herein shall be construed to limit in any way any
`Party’s use of its own information or publicly available information.
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 6 of 19 Page ID #:1581
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`Restrictions on Disclosure of Materials Designated “CONFIDENTIAL”
`9.
`Except as otherwise provided by written stipulation of the Parties or by
`order of the Court, information and Discovery Material designated
`“CONFIDENTIAL” shall not be disclosed to or discussed with any person except:
`(a)
`the Parties and their parents, subsidiaries, and affiliates,
`including their present and former officers, directors, partners,
`or employees, to the extent reasonably necessary and only for
`the purpose of conducting or assisting in this action;
`the Parties’ attorneys of record in this action, the partners,
`members, associates, and employees of such counsel, and their
`authorized secretarial and paralegal staffs, to the extent
`reasonably necessary and only for the purpose of conducting or
`assisting in this action;
`in-house counsel to the Parties and employees of such counsel,
`and their authorized secretarial and paralegal staffs, to the extent
`reasonably necessary and only for the purpose of conducting or
`assisting in this action;
`the Parties’ outside intellectual property counsel and outside
`transactional counsel, the partners, members, associates, and
`employees of such counsel, and their authorized secretarial and
`paralegal staffs, to the extent reasonably necessary and only for
`the purpose of conducting or assisting in this action;
`the Court and court personnel;
`deposition officers, court reporters, and videographers used in
`connection with this litigation, and their respective staffs;
`any discovery referee, arbitrator, or neutral mediator appointed
`by the Court or agreed to by the Parties to preside over disputes
`in this action, as well as their employees and personnel;
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`(e)
`(f)
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`(g)
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`6
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`PROTECTIVE ORDER
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`(b)
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`(c)
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`(d)
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 7 of 19 Page ID #:1582
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`(h)
`(i)
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`(j)
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`(k)
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`(l)
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`the jury;
`employees of outside copying, printing, binding, electronic
`discovery, trial support, or computer services used in connection
`with this litigation;
`subject to Paragraph 13, persons who have been retained by any
`Party (or by its attorneys of record) for the purpose of assisting
`in this action as outside consultants or experts, to the extent
`reasonably necessary and only for the purpose of conducting or
`assisting in this action;
`deposition witnesses during their deposition testimony, but only
`for the purposes of this litigation and to the extent reasonably
`necessary, and witnesses shall not retain copies of such
`“CONFIDENTIAL” Discovery Material;
`subject to Paragraph 13, deposition witnesses prior to their
`deposition testimony to prepare them for deposition and only to
`the extent reasonably necessary and only when, in good faith,
`the disclosing counsel believes there is a reasonable likelihood
`that the witness will be shown or questioned about the
`Discovery Material designated “CONFIDENTIAL,” but
`witnesses shall not retain copies of such “CONFIDENTIAL”
`Discovery Material; and
`subject to Paragraph 13, such other persons as the Parties may
`agree or may be ordered by the Court.
`Restrictions on Disclosure of Materials Designated “HIGHLY
`CONFIDENTIAL - ATTORNEYS’ EYES ONLY”
`10. Except as otherwise provided by written stipulation of the Parties or by
`order of the Court, information and Discovery Material designated “HIGHLY
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`(m)
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`PROTECTIVE ORDER
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`

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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 8 of 19 Page ID #:1583
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`(b)
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`(c)
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`CONFIDENTIAL - ATTORNEYS’ EYES ONLY” shall not be disclosed to or
`discussed with any person except:
`(a)
`the Parties’ attorneys of record in this action, the partners,
`members, associates, and employees of such counsel, and their
`authorized secretarial and paralegal staffs, to the extent
`reasonably necessary and only for the purpose of conducting or
`assisting in this action;
`the Parties’ in-house counsel responsible for supervising this
`litigation and employees of such counsel, and their authorized
`secretarial and paralegal staffs, to the extent reasonably
`necessary and only for the purpose of conducting or assisting in
`this action;
`the Parties’ outside intellectual property counsel and outside
`transactional counsel, the partners, members, associates, and
`employees of such counsel, and their authorized secretarial and
`paralegal staffs, to the extent reasonably necessary and only for
`the purpose of conducting or assisting in this action;
`the Court and court personnel;
`deposition officers, court reporters, and videographers used in
`connection with this litigation, and their respective staffs;
`any discovery referee, arbitrator, or neutral mediator appointed
`by the Court or agreed to by the Parties to preside over disputes
`in this action, as well as their employees and personnel;
`subject to Paragraph 13, persons who have been retained by any
`Party (or by its attorneys of record) for the purpose of assisting
`in this action as outside consultants or experts, to the extent
`reasonably necessary and only for the purpose of conducting or
`assisting in this action;
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`(d)
`(e)
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`(f)
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`(g)
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 9 of 19 Page ID #:1584
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`(h)
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`(i)
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`deposition witnesses during their deposition testimony, but only
`for the purposes of this litigation and to the extent reasonably
`necessary and witnesses shall not retain copies of such
`“HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY”
`Discovery Material; and
`subject to Paragraph 13, deposition witnesses prior to their
`deposition testimony to prepare them for deposition and only to
`the extent reasonably necessary and only when, in good faith,
`the disclosing counsel believes that there is a reasonable
`likelihood that the witness will be shown or questioned about
`the Discovery Material designated “HIGHLY CONFIDENTIAL
`- ATTORNEYS’ EYES ONLY,” and witnesses shall not retain
`copies of such “HIGHLY CONFIDENTIAL - ATTORNEYS’
`EYES ONLY” Discovery Material; and
`subject to Paragraph 13, such other persons as the Parties may
`agree or may be ordered by the Court.
`Certification of Persons to Whom Discovery Materials are Disclosed
`11. Prior to disclosure of any Discovery Materials designated as
`Confidential Information to any person described in paragraphs 11(j), (l), and (m)
`and 12(h), (j) and (k) hereof, such person shall be given a copy of this Stipulated
`Protective Order and shall sign a certification in the form of Appendix A attached
`hereto. Such signed and completed certification shall be retained by the attorneys
`of record for the disclosing Party and shall be subject to inspection by the Court or
`by opposing counsel. The Party securing such certification shall take reasonable
`steps to ensure that such persons signing such certifications observe the terms of
`this Stipulated Protective Order. To be clear, this requirement of a signed
`certification does not apply to the Court or court personnel.
`Maintenance of Designated Information
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`(j)
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`9
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 10 of 19 Page ID
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`12. The Parties’ counsel in this litigation, and those persons who have
`received Confidential Information pursuant to this Protective Order, shall maintain
`such Confidential Information in a secure and safe location and shall exercise due
`and proper care with respect to the storage, custody, use, and disposal of all
`Confidential Information, so as to prevent the unauthorized or inadvertent
`disclosure of any of it.
`Designation of Deposition Transcripts and Discovery Responses
`13. Deposition transcripts, or portions thereof, may be designated as
`subject to this Stipulated Protective Order either (i) at the time of such deposition,
`in which case the designating Party shall direct the court reporter to bind the
`transcript of the designated testimony in a separate volume marked
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES
`ONLY”; or (ii) within thirty (30) days following receipt of the deposition transcript
`by providing written notice to the reporter and all counsel of record for the Parties,
`in which case all counsel receiving such notice shall mark the copies or portions of
`the designated transcript in their possession or under their control as directed by the
`designating Party. All deposition transcripts shall be treated as
`“CONFIDENTIAL”—whether so designated or not—until the expiration of this
`thirty (30) day period unless a different period of time is agreed to between the
`Parties. Notwithstanding this provision, and for the avoidance of doubt, any
`deposition transcript or portion of a deposition transcript designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall be treated as such.
`Disclosure of Information to the Court
`14. All Discovery Material designated as Confidential Information
`submitted to the Court for consideration in relation to a motion, application, or any
`other filing shall be lodged provisionally under seal, in compliance with the Federal
`Rules of Civil Procedure and the Local Rules of the United States District Court for
`the Central District of California (including Local Rule 79-5).
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`10
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 11 of 19 Page ID
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` #:1586
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`15. Prior to lodging Discovery Material under seal, the Party desiring to
`file such Discovery Material may request that the designating Party agree that such
`materials be de-designated as Confidential Information, and the designating Party
`shall in good faith consider such a request.
`Disclosure to Author or Recipient
`16. Notwithstanding any other provisions of this Stipulated Protective
`Order, nothing herein shall prohibit counsel for a Party from disclosing information
`or Discovery Material to any person whom the particular item of information or
`Discovery Material clearly identifies as an author, addressee, or copy recipient of
`the particular item of Discovery Material; and, regardless of designation pursuant to
`this Stipulated Protective Order, if a document or testimony makes reference to the
`actual or alleged conduct or statements of a person who is a potential witness,
`counsel may discuss such conduct or statements with such witness without
`revealing any portion of the information or Discovery Material other than that
`which specifically refers to such conduct or statements, and such discussion shall
`not constitute disclosure within the terms of this Stipulated Protective Order.
`Disclosure Pursuant to Subpoena or Other Compulsory Process
`17.
`If a receiving Party receives a subpoena or other compulsory process
`commanding the production of information or Discovery Material designated as
`Confidential Information, that Party shall promptly notify the designating Party.
`The Party receiving the subpoena or compulsory process shall not produce any such
`information or Discovery Material in response to the subpoena without providing
`the designating Party reasonable notice so that Party can object to the disclosure if
`it chooses. The Party receiving the subpoena or other compulsory process shall not
`object to the designating Party having a reasonable opportunity to appear in the
`litigation or process seeking disclosure of information or Discovery Material
`designated as Confidential Information for the sole purpose of seeking to prevent or
`restrict disclosure thereof. Nothing in this Stipulated Protective Order shall be
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`11
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 12 of 19 Page ID
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` #:1587
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`construed as authorizing a Party to disobey a lawful subpoena issued in another
`action.
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`Inadvertent Disclosure of Privileged Material
`18.
` In the event that any document or thing containing or constituting
`privileged material—including attorney-client communications or attorney work
`product—is inadvertently disclosed or produced (collectively “produced”), the
`producing Party shall notify the receiving Party promptly after it is discovered that
`the privileged material was inadvertently produced, and upon receipt of such
`notification the receiving Party shall promptly return to counsel for the disclosing
`Party any and all physical copies of such document or thing, certify the deletion of
`any and all electronic copies of such document or thing, and thereafter refrain from
`any use whatsoever, in this case or otherwise, of such document or thing. Nothing
`herein shall prevent the receiving Party from contending that any such document or
`thing was not inadvertently produced, or that privilege was waived for reasons other
`than the mere inadvertent production thereof.
`19.
`In the event that a receiving Party receives a document or thing
`containing privileged material—including attorney-client communications or
`attorney work product—that the receiving Party believes has been inadvertently
`produced, the receiving Party shall notify the producing Party promptly after it is
`discovered that the privileged material may have been inadvertently produced. If a
`producing Party has notified the receiving Party of inadvertent disclosure or
`production hereunder, or has confirmed the inadvertent disclosure or production
`called to its attention by the receiving Party, the receiving Party shall promptly
`return to counsel for the producing Party any and all physical copies of such
`document or thing, certify the deletion of any and all electronic copies of such
`document or thing, and thereafter refrain from any use whatsoever, in this case or
`otherwise, of such document or thing. Nothing herein shall prevent the receiving
`Party from contending that any such document or thing was not inadvertently
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`12
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`PROTECTIVE ORDER
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`Case 2:12-cv-02725-RSWL-FFM Document 94 Filed 04/12/16 Page 13 of 19 Page ID
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` #:1588
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`produced, or that privilege was waived for reasons other than the mere inadvertent
`production thereof.
`20. The inadvertent production in this action of any document or thing
`containing or constituting privileged material—including privileged attorney-client
`communications or attorney work product—shall not be deemed a waiver of that
`privilege, or preclude reliance on that privilege, provided that the producing Party
`notifies the receiving Party in writing promptly after discovery of such inadvertent
`production.
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`Additional Protections
`21. This Stipulated Protective Order shall not preclude any Party from
`seeking and obtaining, on an appropriate showing, such additional protection with
`respect to the confidentiality of documents or other discovery material as they may
`consider appropriate.
`Challenge to Confidentiality Designations
`22. This Stipulated Protective Order shall not preclude any Party from
`(i) asserting that any matter designated hereunder is not entitled to the protections
`of this Stipulated Protective Order; (ii) applying to the Court for an order permitting
`the disclosure or use of information or documents otherwise prohibited by this
`Stipulated Protective Order; or (iii) applying for an order modifying this Stipulated
`Protective Order in any respect.
`23.
`If any Party to this action believes that any Writing designated by
`another Party (the “Designating Party”) hereunder as “CONFIDENTIAL” or
`“HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY” does not reasonably
`merit such designation (the “Objecting Party”) it may inform the Designating Party
`of such by written notice by stating with particularity for each challenged Writing
`the grounds why such designation is improper hereunder. The Parties will
`promptly confer regarding such notice in a good faith effort to resolve the matter.
`However, if an agreement is not reached within seven (7) days from the
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`Designating Party’s receipt of such notice, the Designating Party may within
`twenty-one (21) days from its receipt of the notice serve on the Objecting Party its
`portion of a joint stipulation on a motion for a protective order regarding the
`designation(s) in question. The challenged CONFIDENTIAL designation(s) will
`be deemed to be removed from the information and/or document(s) in question only
`if: (a) the Designating Party fails within such time period to serve its portion of a
`joint stipulation on a motion for a protective order, or (b) if upon such motion the
`challenged designation(s) is/are not upheld by the Court.. The Party seeking to
`maintain confidentiality shall bear the burden of proving that that the material is
`entitled to such designation. The material shall be treated as Confidential
`Information until any motion is decided by the Court. For purposes of clarity, this
`paragraph 25 applies to the Parties, and to any person or entity person defined in
`Paragraphs 11(a)-(d), (j), or 12(a)-(c), (g), and to any person or entity otherwise
`represented by a Party’s counsel but does not apply to information marked
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES
`ONLY” by any other non-party in response to a subpoena.
`24. No Party shall be obligated to challenge the propriety of any
`confidentiality designation, and failure to do so shall not preclude a subsequent
`attack on the propriety of such designation.
`Prior Knowledge
`25. This Stipulated Protective Order shall not apply to any information or
`Discovery Material that, prior to disclosure pursuant to this Stipulated Protective
`Order, is public information or knowledge. The restrictions contained in this
`Stipulated Protective Order shall not apply to information and Discovery Material
`that: (i) is, or after disclosure become, public knowledge other than by an act or
`omission of the Party or others subject to this Stipulated Protective Order to whom
`such disclosure is made, or (ii) is lawfully and independently acquired from a
`source not subject to this Stipulated Protective Order.
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`26. This Stipulated Protective Order shall not apply to any information or
`Discovery Material that, prior to disclosure pursuant to this Stipulated Protective
`Order, was already known by or in the possession of the receiving Party.
`27. This Stipulated Protective Order shall apply to any information or
`Discovery Material that, prior to entry of this Stipulated Protective Order, was
`disclosed to other Parties in connection with this litigation and that was designated
`as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES
`ONLY.”
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`Return of Designated Information
`28. Upon final disposition or resolution of this action, upon written request
`by a designating Party within sixty (60) days after such final disposition or
`resolution, each Party shall either (i) assemble and return all information and
`Discovery Material designated Confidential Information, including all copies, to the
`Party from whom the designated material was obtained or (ii) destroy all such
`information and Discovery Material, at the option of the Party in possession
`thereof. Upon further written request by a designating Party, each Party shall
`provide written certification that it has returned or deleted any and all information
`and Discovery Material designated Confidential Information, including all copies.
`29. Notwithstanding the foregoing, each Party and outside counsel of
`record for each Party may retain solely for its archives (i) copies of all pleadings,
`affidavits, declarations, briefs, memoranda, expert reports, and exhibits and other
`papers filed in this action; (ii) one set of transcripts of all testimony taken at any
`depositions or hearings (with exhibits); and (iii) all of its own work product
`generated in connection with this action. However, any Party or outside counsel
`who retains a copy of such files shall continue to treat and limit access to those files
`in the manner prescribed by this Protective Order, including but not limited to
`Paragraphs 11 and 12 of this Protective Order.
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`30. Any such materials that are not returned or destroyed shall remain
`subject to this Stipulated Protective Order, and the Court shall retain jurisdiction to
`ensure that the terms hereof are not violated.
`Modification, Waiver, or Termination of Stipulated Order
`31. No part of the restrictions imposed by this Stipulated Protective Order
`may be modified, waived, or terminated, except by the written stipulation executed
`by counsel of record for each Party, or by an Order of the Court. No modification
`by the Parties shall have the force or effect of a Court order unless the Court
`approves the modification.
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`Inapplicability at Trial
`32. This Protective Order is not intended to prohibit the use or
`admissibility of any Confidential Information upon trial of this case. Issues
`involving the protection of Confidential Information and Discovery Material during
`trial will be presented to the Court prior to or during trial.
`No Legal Effect of Confidentiality Designations
`33. The designation by a Party or a nonparty of any document, material,
`tangible thing, or information as Confidential Information is intended solely to
`facilitate discovery in this litigation. Neither such designation nor treatment in
`conformity with such designation shall be construed in any way as an agreement by
`a Party or a nonparty that the designated disclosure constitutes or contains any trade
`secret, proprietary, or confidential information.
`34. Neit