Case 2:20-cv-07872-GW-PVC Document 210 Filed 05/25/23 Page 1 of 32 Page ID #:3561
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`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`Case No. 2:20-cv-07872-GW-PVCx
`
`REVISED STIPULATED PROTECTIVE
`ORDER
`
`NANTWORKS, LLC, a Delaware
`limited liability company, and
`NANT HOLDINGS IP, LLC, a
`Delaware limited liability company,
`Plaintiffs,
`
`vs.
`BANK OF AMERICA
`CORPORATION, a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
`
`Defendants.
`
`1.
`
`PURPOSES AND LIMITATIONS
`Disclosure 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 parties hereby stipulate to and petition the court to
`enter the following Stipulated Protective Order. The parties acknowledge 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
`1
`
`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
`
`

`

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`information or items that are entitled to confidential treatment under the applicable legal
`principles. The parties further acknowledge, as set forth in subsection 14.3, below, that
`this Stipulated Protective Order does not entitle them 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.
`DEFINITIONS
`2.1 Challenging Party: a Party or Non-Party that challenges the designation of
`information or items under this Order.
`2.2
`“CONFIDENTIAL” Information or Items: all Discovery Material, and all
`information contained therein, and other information designated as confidential, to the
`extent that the Party or non-party designating the Discovery Material as confidential in
`good faith reasonably believes that such Discovery Material contains non-public
`information, confidential information, trade secrets, proprietary business information,
`competitively or commercially sensitive information, nonpublic personal information
`within the meaning of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801) or similar
`applicable state or local consumer privacy protective laws and/or “consumer reports”
`within the meaning of the Fair Credit Reporting Act (15 U.S.C. § 168la) (collectively,
`the “Acts”), that may be collected or produced in connection with originating,
`purchasing, or servicing a mortgage loan, or other information, the disclosure of which
`would, in the good faith judgment of the Producing Party (defined below) be detrimental
`to the conduct of that Party’s business or the business of any of the Party’s customers
`or clients.
`2.3 Counsel (without qualifier): Outside Counsel of Record and House
`Counsel (as well as their support staff).
`2.4 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” or “HIGHLY
`2
`
`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
`
`
`
`

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`CONFIDENTIAL – SOURCE CODE.”
`2.5 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.
`2.6 Expert: a person with specialized knowledge or experience in a matter
`pertinent to the litigation, as well as their immediate support staff, provided that
`disclosure is only necessary to perform such work, who (1) has been retained by a Party
`or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a
`current employee of a Party or of a Party’s competitor,1 and (3) at the time of retention,
`is not anticipated to become an employee of a Party or of a Party’s competitor.
`
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`2.7
`Information or Items: extremely sensitive “Confidential Information or Items,”
`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. This designation shall
`signify that (i) at the time of the designation the Discovery Material contains or
`constitutes trade secrets or confidential business or financial information, (ii) there is a
`substantial and imminent risk that absent such designation, its receipt by the Receiving
`Party could cause competitive and/or economic harm to the Producing Party, and (iii)
`such Discovery Material would not otherwise be adequately protected under the
`procedures set forth herein for “Confidential Information.” Nothing in this subsection
`shall preclude counsel from giving advice to his or her client in this litigation that
`includes a general evaluation of Highly Confidential Information, provided that counsel
`shall not disclose the contents of any Highly Confidential Information contrary to the
`terms of this Stipulated Protective Order.
`2.8
`“HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items:
`
`1 The Parties retain the right to object to a past employee of a Party or of a Party’s
`competitor under subsection 7.5.
`
`
`
`3
`
`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
`
`

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`extremely sensitive “Confidential Information or Items” representing computer code
`and associated comments and revision histories, formulas, engineering specifications,
`or schematics that define or otherwise describe in detail the algorithms or structure of
`software or hardware designs, 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.
`2.9 House Counsel: two (2) designated attorneys who are employees of a Party
`to this action. House Counsel does not include Outside Counsel of Record or any other
`outside counsel. A Party may, for good cause, replace a designated House Counsel
`attorney.
`2.10 Non-Party: any natural person, partnership, corporation, association, or
`other legal entity not named as a Party to this action.
`2.11 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, as well as staff of such counsel to whom it is reasonably
`necessary to disclose or allow access to Protected Material for this litigation.
`
`2.12 Party: any party to this action, including all of its officers, directors,
`employees, consultants, retained experts, and Outside Counsel of Record (and their
`support staffs).
`2.13 Party Representative: two (2) designated representatives of a Party (e.g.,
`officers, directors, and employees) who are required in good faith to provide assistance
`in the conduct of this litigation, including any settlement discussions.
`
`2.14 Producing Party: a Party or Non-Party that produces Discovery Material in
`this action, including in depositions, document productions or otherwise, or the Party
`or non-party asserting the confidentiality of such material, as the case may be.
`2.15 Professional Vendors: persons or entities that provide litigation support
`
`
`
`4
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`

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`translating, preparing exhibits or
`services (e.g., photocopying, videotaping,
`demonstrations, and organizing, storing, or retrieving data in any form or medium) and
`their employees and subcontractors.
`2.16 Protected Material: any Discovery Material that is designated as
`“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
`2.17 Receiving Party: a Party that receives Discovery Material from a
`Producing Party, including in depositions, document productions or otherwise.
`3.
`SCOPE
`3.1 The protections conferred by this Stipulated Protective 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 Stipulated Protective 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, but this Order shall govern in the absence
`of such an agreement or order.
`3.2 Nothing in this Protective Order shall prevent or restrict a Producing
`Party’s own disclosure or use of its own Protected Material for any purpose, and nothing
`in this Order shall preclude any Producing Party from showing its Protected Material to
`an individual who prepared or was involved in the preparation of the Protected Material.
`5
`
`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`
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`

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`4.
`
`DURATION
`Even 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 of this action, including the time limits for filing
`any motions or applications for extension of time pursuant to applicable law.
`5.
`DESIGNATING PROTECTED MATERIAL
`5.1 Exercise of Restraint and Care in Designating Material for Protection.
`Each Party or Non-Party that designates information or items for protection under this
`Order must take care to limit any such designation to specific material that qualifies
`under the appropriate standards. To the extent it is practical to do so, the Designating
`Party must designate for protection only those parts of material, documents, items, or
`oral or written communications that qualify – so that other portions of the material,
`documents, items, or communications for which protection is not warranted are not
`swept unjustifiably within the ambit of this Order.
`Mass, indiscriminate, or routinized designations are prohibited. Designations that
`are shown to be clearly unjustified or that have been made for an improper purpose
`(e.g., to unnecessarily encumber or retard the case development process or to impose
`unnecessary expenses and burdens on other parties) expose the Designating Party to
`sanctions.
`If it comes to a Designating Party’s attention that information or items that it
`designated for protection do not qualify for protection at all or do not qualify for the
`level of protection initially asserted, that Designating Party must promptly notify all
`other parties that it is withdrawing the mistaken designation.
`5.2 Manner and Timing of Designations. Except as otherwise provided in this
`Order (see, e.g., second paragraph below), or as otherwise stipulated or ordered,
`6
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`

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`Discovery Material that qualifies for protection under this Order must be clearly so
`designated before the material is disclosed or produced.
`Any Party or non-party may designate Discovery Material as “confidential” by
`affixing the notation “CONFIDENTIAL,” or by affixing the notation “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
`SOURCE CODE” on the document, making a statement on the record of a deposition
`or hearing as to the portions to be designated as Protected Material, providing written
`communication to the respective undersigned counsel for the parties hereto, or by other
`appropriate means.
`A Producing Party may designate a document as Protected Material after such
`document has been produced by following the procedures set forth below in subsection
`5.3. Once designated, any such document shall be treated as Protected Material. A
`Receiving Party shall not be obligated to challenge the propriety of any designation of
`Discovery Material under this Order at the time the designation is made, and a failure
`to do so shall not preclude a subsequent challenge thereto.
`5.3
`Inadvertent Failures to Designate. The unintentional failure by a Producing
`Party to designate Discovery Material with the correct confidentiality designation, shall
`not waive any such designation. If the Producing Party notifies all Receiving Parties of
`an unintentional failure to designate materials as confidential, the Producing Party shall
`reproduce the Protected Material with the correct confidentiality designation within ten
`(10) days upon its notification to the Receiving Party. Upon receiving the Protected
`Material with the correct confidentiality designation, the Receiving Parties shall destroy
`all Discovery Material that was identified as incorrectly designated. A Receiving Party
`shall not be in breach of this Order for any use of such unintentionally-non-designated
`or inadvertently mis-designated Discovery Material before the Receiving Party receives
`notice of the inadvertent failure to designate. Once a Receiving Party has received
`notice of the unintentional failure to designate pursuant to this provision, the Receiving
`Party shall treat such Discovery Material at the appropriately designated level pursuant
`7
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`

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`to the terms of this Stipulated Protective Order.
`6.
`CHALLENGING CONFIDENTIALITY DESIGNATIONS
`6.1 Timing of Challenges. Any Party or Non-Party may challenge a
`designation of confidentiality at any time. Unless a prompt challenge to a Designating
`Party’s confidentiality designation is necessary to avoid foreseeable, substantial
`unfairness, unnecessary economic burdens, or a significant disruption or delay of the
`litigation, a Party does not waive its right to challenge a confidentiality designation by
`electing not to mount a challenge promptly after the original designation is disclosed.
`6.2 Meet and Confer. The Challenging Party shall initiate the dispute
`resolution process by providing written notice of each designation it is challenging and
`describing the basis for each challenge. To avoid ambiguity as to whether a challenge
`has been made, the written notice must recite that the challenge to confidentiality is
`being made in accordance with this specific subsection of the Protective Order. To the
`extent the Designating Party does not agree in writing to revise or remove the
`challenged designations as requested, the parties shall attempt to resolve each challenge
`in good faith and must begin the process by conferring directly (in voice-to-voice
`dialogue; other forms of communication are not sufficient) within 14 days of the date
`of service of notice. In conferring, the Challenging Party must explain the basis for its
`belief that the confidentiality designation was not proper and must give the Designating
`Party an opportunity to review the designated material, to reconsider the circumstances,
`and, if no change in designation is offered, to explain the basis for the chosen
`designation. A Challenging Party may proceed to the next stage of the challenge process
`only if it has engaged in this meet and confer process first or establishes that the
`Designating Party is unwilling to participate in the meet and confer process in a timely
`manner.
`Judicial Intervention. If the Parties cannot resolve a challenge without
`6.3
`court intervention, the Challenging Party may file and serve a motion to challenge
`confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-
`8
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`

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`5, if applicable). The Challenging Party may file the motion at any time if there is good
`cause for doing so, including a challenge to the designation of a deposition transcript or
`any portions thereof. Each such motion must be accompanied by a competent
`declaration affirming that the movant has complied with the meet and confer
`requirements imposed in subsection 6.2.
`The burden of persuasion in any such challenge proceeding shall be on the
`Designating Party. Frivolous challenges and those made for an improper purpose (e.g.,
`to harass or impose unnecessary expenses and burdens on other parties) may expose the
`Challenging Party to sanctions. Unless the Designating Party has waived the
`confidentiality designation by failing to oppose a motion to challenge confidentiality as
`described above, all parties shall continue to afford the material in question the level of
`protection to which it is entitled under the Producing Party’s designation until the court
`rules on the challenge.
`7.
`ACCESS TO AND USE OF PROTECTED MATERIAL
`7.1 Basic Principles. A Receiving Party may use Protected Material that is
`disclosed or produced by another Party or by a Non-Party in connection with this case
`only for prosecuting, defending, or attempting to settle this litigation. Such Protected
`Material may be disclosed only to the categories of persons and under the conditions
`described in this Order. When the litigation has been terminated, a Receiving Party must
`comply with the provisions of Section 16 below (FINAL DISPOSITION).
`Protected Material must be stored and maintained by a Receiving Party at a
`location in the United States and in a secure manner that ensures that access is limited
`to the persons authorized under this Order. To ensure compliance with applicable
`United States Export Administration Regulations, Protected Material may not be
`exported outside the United States or released to any foreign national (even if within
`the United States).
`
`7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`ordered by the court or permitted in writing by the Designating Party, a Receiving Party
`may disclose any information or item designated “CONFIDENTIAL” only to:
`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to
`disclose the information for this litigation;
`(b) Party Representatives and House Counsel of the Receiving Party who have
`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) and who are
`identified by the Receiving Party to the Designating Party by name and job title;
`(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
`is reasonably necessary for this litigation and who have signed the “Acknowledgment
`and Agreement to Be Bound” (Exhibit A);
`(d) the court and its personnel;
`(e) court reporters and their staff, professional jury or trial consultants, and
`Professional Vendors to whom disclosure is reasonably necessary for this litigation and
`who are informed of the terms of this Order and agree to be bound by this Order;
`(f) the author or recipient of a document containing the information or a custodian
`or other person who otherwise possessed or knew the information;
`(g) while testifying at deposition, trial, or any other Court hearing in this action
`only: (i) any current officer, director or employee of the Producing Party or original
`source of the information; (ii) any former officer, director or employee of the Producing
`Party or original source of the information if the Protected Material pertains to the
`period or periods of his or her employment; (iii) any person designated by the Producing
`Party to provide testimony pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`Procedure; and/or (iv) any person who otherwise qualifies under any other provision in
`subsection 7.2;2
`
`2 To the extent that subsections (f)-(h) do not apply, a Receiving Party may make a
`request to a Designating Party to disclose “CONFIDENTIAL” information to a witness
`during their deposition where, prior to the deposition of the witness, the Receiving Party
`makes a written request to the Designating Party showing that disclosure of such
`“CONFIDENTIAL” information is reasonably necessary to examine the witness and
`10
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`(h) any person with the prior written consent of the Designating Party; and
`(i) any mediator who is assigned to hear this matter, including his or her staff,
`and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
`7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
`writing by the Designating Party, a Receiving Party may disclose any information or
`item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
`to:
`
`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to
`disclose the information for this litigation;
`(b) House Counsel of the Receiving Party, provided that such House Counsel
`have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), are not
`involved in competitive decision-making for the Receiving Party with regard to the
`subject matter of this litigation, as defined by U.S. Steel v. United States, 730 F.2d 1465,
`1468 n.3 (Fed. Cir. 1984), and are identified by the Receiving Party to the Designating
`Party by name and job title, with such disclosure being limited to materials filed under
`seal in this litigation;
`(c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary
`for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be
`Bound” (Exhibit A), and (3) as to whom the procedures set forth in subsection 7.5(a)(1),
`below, have been followed;
`(d) the court and its personnel;
`(e) court reporters and their staff, professional jury or trial consultants, and
`Professional Vendors to whom disclosure is reasonably necessary for this litigation and
`who are informed of the terms of this Order and agree to be bound by this Order;
`
`providing a signed “Acknowledgment and Agreement to Be Bound” (Exhibit A) from
`the witness. The Designating Party shall not unreasonably deny the Receiving Party’s
`request.
`
`
`
`11
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`(f) the author or recipient of a document containing the information or a custodian
`or other person who otherwise possessed or knew the information; and
`(g) while testifying at deposition, trial, or any other Court hearing in this action
`only: (i) any current officer, director or employee of the Producing Party or original
`source of the information; (ii) any former officer, director or employee of the Producing
`Party or original source of the information if the Protected Material pertains to the
`period or periods of his or her employment; (iii) any person designated by the Producing
`Party to provide testimony pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`Procedure; and/or (iv) any person who otherwise qualifies under any other provision in
`subsection 7.3;3
`(h) any person with the prior written consent of the Designating Party; and
`(i) any mediator who is assigned to hear this matter, including his or her staff,
`and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
`7.4 Disclosure of “HIGHLY CONFIDENTIAL – SOURCE CODE”
`Information or Items. Unless otherwise ordered by the court or permitted in writing by
`the Designating Party, a Receiving Party may disclose any information or item
`designated “HIGHLY CONFIDENTIAL – SOURCE CODE” only to:
`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to
`disclose the information for this litigation;
`(b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary
`for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be
`Bound” (Exhibit A), and (3) as to whom the procedures set forth in subsection 7.5(a)(1),
`
`3 To the extent that subsections (f)-(h) do not apply, a Receiving Party may make a
`to a Designating Party
`request
`to disclose “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” information to a witness during their deposition where,
`prior to the deposition of the witness, the Receiving Party makes a written request to
`the Designating Party showing that disclosure of such “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” information is reasonably necessary to examine the
`witness and providing a signed “Acknowledgment and Agreement to Be Bound”
`(Exhibit A) from the witness. The Designating Party shall not unreasonably deny the
`Receiving Party’s request.
`
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`below, have been followed;
`(c) the court and its personnel;
`(d) court reporters and their staff, professional jury or trial consultants, and
`Professional Vendors to whom disclosure is reasonably necessary for this litigation and
`who are informed of the terms of this Order and agree to be bound by this Order;
`(e) the author or recipient of a document containing the information or a
`custodian or other person who otherwise possessed or knew the information; and
`(f) any person with the prior written consent of the Designating Party.
`7.5 Procedures for Approving or Objecting to Disclosure of “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
`SOURCE CODE” Information or Items to Experts.
`(a)(1) Unless otherwise ordered by the court or agreed to in writing by the
`Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order)
`any information or item that has been designated “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE”
`pursuant to either subsection 7.3(c) or 7.4(b) first must make a written request to the
`Designating Party4 that (1) sets forth the full name of the Expert and the city and state
`of his or her primary residence, (2) attaches a copy of the Expert’s current resume, (3)
`identifies the Expert’s current employer(s), (4) identifies each person or entity from
`whom the Expert has received compensation or funding for work in his or her areas of
`expertise or to whom the expert has provided professional services, including in
`connection with a litigation, at any time during the preceding five years,5 and (5)
`
`4 For a Designating Party that is a Non-Party, experts previously disclosed and
`approved prior to the Non-Party’s production of any information or item that has been
`designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
`“HIGHLY CONFIDENTIAL – SOURCE CODE” need not be disclosed to said Non-
`Party unless such Non-Party requests such information prior to the production of any
`Protected Material. Moreover, unless otherwise agreed by the Non-Party and the Party
`seeking to make the disclosure, subsequently disclosed experts need not be disclosed to
`the Non-Party before that Non-Party’s Protected Material may be disclosed thereto.
`5 If the Expert believes any of this information is subject to a confidentiality obligation
`to a third-party, then the Expert should provide whatever information the Expert
`believes can be disclosed without violating any confidentiality agreements, and the
`13
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`REVISED STIPULATED PROTECTIVE ORDER
`CASE NO. 2:20-CV-07872-GW-PVC
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`identifies (by name and number of the case, filing date, and location of court) any
`litigation in connection with which the Expert has offered expert testimony, including
`through a declaration, report, or testimony at a deposition or trial, during the preceding
`five years.
`(b) A Party that makes a request and provides the information specified in the
`preceding respective subsections may disclose the subject Protected Material to the
`identified Expert unless, within 7 days of delivering the request, the Party receives a
`written objection from the Designating Party. Any such objection must set forth in detail
`the grounds on which it is based.
`(c) A Party that receives a timely written objection must meet and confer with the
`Designating Party (through direct voice to voice dialogue) to try to resolve the matter
`by agreement within seven days of the written objection. If no agreement is reached,
`the Party seeking to make the disclosure to the Expert may file a motion as provided in
`Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) seeking
`permission from the court to do so. Any such motion must describe the circumstances
`with specificity, set forth in detail the reasons why the disclosure to the Expert is
`reasonably necessary, assess the risk of harm that the disclosure would entail, and
`suggest any additional means that could be used to r