Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 1 of 27 Page ID #:491
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
`
`ANCORA TECHNOLOGIES,
`INC.
`
`Case No. 8:19-cv-02192-GW(ASx)
`(LEAD CASE)
`
`Plaintiff,
`
`v.
`
`Consolidated Case No.:
`Case No. 2:20-cv-01252-GW(ASx)
`
`TCT MOBILE (US) INC.,
`HUIZHOU TCL MOBILE
`COMMUNICATION CO.,
`LTD., and SHENZHEN TCL
`CREATIVE CLOUD
`TECHNOLOGY CO., LTD.,
`
`Defendants.
`
`[Hon. George H. Wu]
`[Hon. Alka Sagar]
`
`PROTECTIVE ORDER
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`1. A. PURPOSES AND LIMITATIONS
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`Discovery in this action is likely to involve production of confidential, proprietary,
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`or private information for which special protection from public disclosure and from
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`use for any purpose other than prosecuting this litigation may be warranted.
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`Accordingly, the parties hereby stipulate to and petition the Court to enter the
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`following Stipulated Protective Order. The parties acknowledge that this Order does
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`not confer blanket protections on all disclosures or responses to discovery and that the
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`protection it affords from public disclosure and use extends only to the limited
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`information or items that are entitled to confidential treatment under the applicable
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`legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
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`that this Stipulated Protective Order does not entitle them to file confidential
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`information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
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`STIPULATED PROTECTIVE ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 2 of 27 Page ID #:492
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`followed and the standards that will be applied when a party seeks permission from
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`the court to file material under seal.
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`B. GOOD CAUSE STATEMENT
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`This action is likely to involve trade secrets, customer and pricing lists and other
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`valuable research, development, commercial, financial, technical and/or proprietary
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`information for which special protection from public disclosure and from use for any
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`purpose other than prosecution of this action is warranted. Such confidential and
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`proprietary materials and information consist of, among other things, confidential
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`business or financial information, information regarding confidential business
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`practices, or other confidential research, development, or commercial information
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`(including information implicating privacy rights of third parties), information
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`otherwise generally unavailable to the public, or which may be privileged or otherwise
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`protected from disclosure under state or federal statutes, court rules, case decisions,
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`or common law. Accordingly, to expedite the flow of information, to facilitate the
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`prompt resolution of disputes over confidentiality of discovery materials, to
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`adequately protect information the parties are entitled to keep confidential, to ensure
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`that the parties are permitted reasonable necessary uses of such material in preparation
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`for and in the conduct of trial, to address their handling at the end of the litigation, and
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`serve the ends of justice, a protective order for such information is justified in this
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`matter. It is the intent of the parties that information will not be designated as
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`confidential for tactical reasons and that nothing be so designated without a good faith
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`belief that it has been maintained in a confidential, non-public manner, and there is
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`good cause why it should not be part of the public record of this case.
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`2.
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`DEFINITIONS
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 3 of 27 Page ID #:493
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`2.1 Action: Case No.
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`8:19-cv-02192-GW-ASx
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`(LEAD CASE);
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`Consolidated Case No.: 2:20-cv-01252-GW-ASx.
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`2.2 Challenging Party: a Party or Non-Party that challenges the designation
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`of information or items under this Order.
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`2.3a “CONFIDENTIAL” Information or Items: information (regardless of
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`how it is generated, stored or maintained) or tangible things that qualify for protection
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`under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
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`Statement.
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`2.3b “CONFIDENTIAL OUTSIDE COUNSEL ONLY” Information or Items
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`(hereinafter “COCO”): information (regardless of how it is generated, stored or
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`maintained) or tangible things that are extremely sensitive and disclosure to persons
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`other than the parties’ respective Outside Counsel of Record would create a substantial
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`risk of injury, business loss or competitive disadvantage, including without limitation,
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`trade secrets, sensitive financial information, and/or other proprietary information.
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`2.3c “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items
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`(hereinafter “HCSC”): documents or information containing or substantively relating
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`to confidential, proprietary and/or trade secret source code or technical design
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`documentation. See Section 11 of this Protective Order.
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`2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
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`support staff).
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`2.5 Designating Party: a Party or Non-Party that designates information or
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`items
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`that
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`it produces
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`in disclosures or
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`in responses
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`to discovery as
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`“CONFIDENTIAL” or “COCO” or “HCSC.”
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`2.6 Disclosure or Discovery Material: all items or information, regardless of
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`the medium or manner in which it is generated, stored, or maintained (including,
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 4 of 27 Page ID #:494
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`among other things, testimony, transcripts, and tangible things), that are produced or
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`generated in disclosures or responses to discovery in this matter.
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`2.7 Expert: a person with specialized knowledge or experience in a matter
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`pertinent to the litigation who has been retained by a Party or its counsel to serve as
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`an expert witness or as a consultant in this Action.
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`2.8 House Counsel: attorneys who are employees of a party to this Action.
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`House Counsel does not include Outside Counsel of Record or any other outside
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`counsel.
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`2.9 Non-Party: any natural person, partnership, corporation, association, or
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`other legal entity not named as a Party to this action.
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`2.10 Outside Counsel of Record: attorneys who are not employees of a party
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`to this Action but are retained to represent or advise a party to this Action and have
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`appeared in this Action on behalf of that party or are affiliated with or assisting a law
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`firm which has appeared on behalf of that party, and includes support staff.
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`2.11 Outside General Counsel: attorneys who are not employees of a party to
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`this Action but are retained to represent or advise a party to this Action, including
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`support staff.
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`2.12 Party: any party to this Action, including all of its officers, directors,
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`employees, consultants, retained experts, and Outside Counsel of Record (and their
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`support staffs).
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`2.13 Producing Party: a Party or Non-Party that produces Disclosure or
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`Discovery Material in this Action.
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`2.14 Professional Vendors: persons or entities that provide litigation support
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`services (e.g., photocopying, videotaping,
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`translating, preparing exhibits or
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 5 of 27 Page ID #:495
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`demonstrations, and organizing, storing, or retrieving data in any form or medium)
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`and their employees and subcontractors.
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`2.15 Protected Material: any Disclosure or Discovery Material that is
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`designated as “CONFIDENTIAL” or “COCO” or “HCSC.”
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`2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
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`from a Producing Party.
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`3.
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`SCOPE
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`The protections conferred by this Stipulation and Order cover not only
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`Protected Material (as defined above), but also (1) any information copied or extracted
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`from Protected Material; (2) all copies, excerpts, summaries, or compilations of
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`Protected Material; and (3) any testimony, conversations, or presentations by Parties
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`or their Counsel that might reveal Protected Material.
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`Nothing in this Order shall bar or otherwise restrict Outside Counsel of Record
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`for a party from rendering advice to his client with respect to this Action and, in the
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`course thereof, relying upon his or her examination of materials designated
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`“CONFIDENTIAL” or “COCO” or “HCSC,” provided that no disclosure of the
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`substance of any such material shall be made except as (i) permitted herein or (ii) if
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`such statement is a general conclusory statement indicating the nature and strength of
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`the proofs the other party (or any third party) has offered.
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`Any use of Protected Material at trial shall be governed by the orders of the trial
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`judge. This Order does not govern the use of Protected Material at trial.
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`4.
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`DURATION
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`Even after final disposition of this litigation, the confidentiality obligations
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`imposed by this Order shall remain in effect until a Designating Party agrees otherwise
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`in writing or a court order otherwise directs. Final disposition shall be deemed to be
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 6 of 27 Page ID #:496
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`the later of (1) dismissal of all claims and defenses in this Action, with or without
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`prejudice; and (2) final judgment herein after the completion and exhaustion of all
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`appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
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`for filing any motions or applications for extension of time pursuant to applicable law.
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`5. DESIGNATING PROTECTED MATERIAL
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`5.1 Exercise of Restraint and Care in Designating Material for Protection.
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`Each Party or Non-Party that designates information or items for protection under this
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`Order must take care to limit any such designation to specific material that qualifies
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`under the appropriate standards. The Designating Party must designate for protection
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`only those parts of material, documents, items, or oral or written communications that
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`qualify so that other portions of the material, documents, items, or communications
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`for which protection is not warranted are not swept unjustifiably within the ambit of
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`this Order.
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`Mass, indiscriminate, or routinized designations are prohibited. Designations
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`that are shown to be clearly unjustified or that have been made for an improper
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`purpose (e.g., to unnecessarily encumber the case development process or to impose
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`unnecessary expenses and burdens on other parties) may expose the Designating Party
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`to sanctions.
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`If it comes to a Designating Party’s attention that information or items that it
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`designated for protection do not qualify for protection, that Designating Party must
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`promptly notify all other Parties that it is withdrawing the inapplicable designation.
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`5.2 Manner and Timing of Designations. Except as otherwise provided in
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`this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
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`stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 7 of 27 Page ID #:497
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`under this Order must be clearly so designated before the material is disclosed or
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`produced.
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`Designation in conformity with this Order requires:
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`(a)
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`for information in documentary form (e.g., paper or electronic
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`documents, but excluding transcripts of depositions or other pretrial or trial
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`proceedings),
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`that
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`the Producing Party affix at a minimum,
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`the
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`legend
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`“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “CONFIDENTIAL
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`OUTSIDE COUNSEL ONLY” (hereinafter “COCO legend”) or “HIGHLY
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`CONFIDENTIAL – SOURCE CODE” (hereinafter “HCSC legend”) to each page that
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`contains protected material. If only a portion or portions of the material on a page
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`qualifies for protection, the Producing Party also must clearly identify the protected
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`portion(s) (e.g., by making appropriate markings in the margins).
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`A Party or Non-Party that makes original documents available for inspection
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`need not designate them for protection until after the inspecting Party has indicated
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`which documents it would like copied and produced. During the inspection and before
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`the designation, all of the material made available for inspection shall be deemed
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`“CONFIDENTIAL OUTSIDE COUNSEL ONLY” or “HIGHLY CONFIDENTIAL
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`– SOURCE CODE.” After the inspecting Party has identified the documents it wants
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`copied and produced, the Producing Party must determine which documents, or
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`portions thereof, qualify for protection under this Order. Then, before producing the
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`specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
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`or the “COCO legend” or the “HCSC legend” to each page that contains Protected
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`Material. If only a portion or portions of the material on a page qualifies for protection,
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`the Producing Party also must clearly identify the protected portion(s) (e.g., by making
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`appropriate markings in the margins).
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 8 of 27 Page ID #:498
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`(b)
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`for testimony given in depositions, that the Designating Party
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`identify the protected testimony on the record before the close of the deposition, or
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`within 21 days after receipt of the final transcript of the deposition.
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`(c)
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`for information produced in some form other than documentary
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`and for any other tangible items, that the Producing Party affix in a prominent place
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`on the exterior of the container or containers in which the information is stored the
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`legend “CONFIDENTIAL” or “COCO” or “HCSC.” If only a portion or portions of
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`the information warrants protection, the Producing Party, to the extent practicable,
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`shall identify the protected portion(s).
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`5.3
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`Inadvertent Failures to Designate. If timely corrected, an inadvertent
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`failure to designate qualified information or items does not, standing alone, waive the
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`Designating Party’s right to secure protection under this Order for such material. Upon
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`timely correction of a designation, the Receiving Party must make reasonable efforts
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`to assure that the material is treated in accordance with the provisions of this Order.
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`6.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`6.1 Timing of Challenges. Any Party or Non-Party may challenge a
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`designation of confidentiality at any time that is consistent with the Court’s
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`Scheduling Order.
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`6.2 Meet and Confer. The Challenging Party shall initiate the informal
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`dispute resolution process set forth in the Court's Procedures and Schedules. See
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`http://www.cacd.uscourts.gov/honorable-alka-sagar6.3. The burden of persuasion in
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`any such challenge proceeding shall be on the Designating Party. Frivolous
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`challenges, and those made for an improper purpose (e.g., to harass or impose
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`unnecessary expenses and burdens on other parties) may expose the Challenging Party
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`to sanctions. Unless the Designating Party has waived or withdrawn the
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 9 of 27 Page ID #:499
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`confidentiality designation, all parties shall continue to afford the material in question
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`the level of protection to which it is entitled under the Producing Party’s designation
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`until the Court rules on the challenge.
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`7.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`7.1 Basic Principles. A Receiving Party may use Protected Material that is
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`disclosed or produced by another Party or by a Non-Party in connection with this
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`Action only for prosecuting, defending, or attempting to settle this Action. Such
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`Protected Material may be disclosed only to the categories of persons and under the
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`conditions described in this Order. When the Action has been terminated, a Receiving
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`Party must comply with the provisions of section 15 below (FINAL DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving Party at a
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`location and in a secure manner that ensures that access is limited to the persons
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`authorized under this Order.
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`7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
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`otherwise ordered by the court or permitted in writing by the Designating Party, a
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`Receiving Party may disclose any information or item designated “CONFIDENTIAL”
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`only to:
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`(a)
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`the Receiving Party’s Outside Counsel of Record in this Action,
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`as well as employees of said Outside Counsel of Record to whom it is reasonably
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`necessary to disclose the information for this Action;
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`(b)
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`the Receiving Party’s Outside General Counsel in this Action, as
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`well as employees of said Outside General Counsel to who it is reasonably necessary
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`to disclose the information for this Action and who have signed the “Acknowledgment
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`and Agreement to Be Bound” (Exhibit A);
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 10 of 27 Page ID #:500
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`(c)
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`the officers, directors, and employees (including House Counsel)
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`of the Receiving Party to whom disclosure is reasonably necessary for this Action;
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`(d)
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`Experts (as defined in this Order) of the Receiving Party to whom
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`disclosure is reasonably necessary for this Action and who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(e)
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`(f)
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`the court and its personnel;
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`court reporters and their staff;
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`(g)
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`professional
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`jury or
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`trial consultants, mock
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`jurors, and
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`Professional Vendors to whom disclosure is reasonably necessary for this Action and
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`who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(h)
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`the author or recipient of a document containing the information
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`or a custodian or other person who otherwise possessed or knew the information;
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`(i)
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`during their depositions, witnesses, and attorneys for witnesses, in
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`the Action to whom disclosure is reasonably necessary provided: (1) the deposing
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`party requests that the witness sign the form attached as Exhibit A hereto; and (2) they
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`will not be permitted to keep any confidential information unless they sign the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
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`by the Designating Party or ordered by the court. Pages of transcribed deposition
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`testimony or exhibits to depositions that reveal Protected Material may be separately
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`bound by the court reporter and may not be disclosed to anyone except as permitted
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`under this Stipulated Protective Order; and
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`(j)
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`any mediator or settlement officer, and their supporting personnel,
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`mutually agreed upon by any of the parties engaged in settlement discussions.
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`7.3 Disclosure of “COCO” Information or Items. Unless otherwise ordered
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`by the court or permitted in writing by the Designating Party, a Receiving Party may
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`STIPULATED PROTECTIVE ORDER
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 11 of 27 Page ID #:501
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`disclose any
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`information or
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`item designated “CONFIDENTIAL OUTSIDE
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`COUNSEL ONLY” or “COCO” only to those individuals identified in paragraphs
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`7.2(a)-(b), and (d)-(j) above.
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`7.4 Disclosure of “HCSC” Information or Items.
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`Unless otherwise ordered by the court or permitted in writing by the
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`Designating Party, a Receiving Party may only disclose any information or items
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`designated “HIGHLY CONFIDENTIAL – SOURCE CODE” only to those
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`individuals identified in paragraphs 7.2(a), (d)-(f), and (h) above. A Receiving Party
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`may additionally disclose any
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`information or
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`items designated “HIGHLY
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`CONFIDENTIAL – SOURCE CODE” to those individuals identified in paragraph (i)
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`above, but only to the extent that the witness has knowledge regarding the source code
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`at issue or is a witness designated by the Designating Party under Federal Rule of Civil
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`Procedure 30(b)(6) to testify on its behalf. Further, the Receiving Party must comply
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`with all provisions for disclosing source code as set forth in Section 11 of this
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`Protective Order. In addition, a party seeking to disclose to an expert retained by
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`outside counsel of record any information or item that has been designated “COCO”
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`or “HCSC” must first make a written request to the designator that (1) sets forth the
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`full name of the expert and the city and state of his or her primary residence, (2)
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`attaches a copy of the expert’s current resume, including identification of any person
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`or entity from which the expert has received substantial compensation in the last five
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`years, (3) identifies the expert’s current employer(s), (4) identifies (by name and
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`number of the case, filing date, and location of court) any litigation where the expert
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`has offered expert testimony, including by declaration, report, or testimony at
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`deposition or trial, in the past four years. If the expert believes any of this information
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`at (2) - (4) is subject to a confidentiality obligation to a third party, then the expert
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`STIPULATED PROTECTIVE ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 12 of 27 Page ID #:502
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`should provide whatever information the expert believes can be disclosed without
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`violating any confidentiality agreements, and the party seeking to disclose the
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`information to the expert shall be available to meet and confer with the designator
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`regarding any such confidentiality obligations.
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`7.5 Written Objections from Designator
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`A party that makes a request and provides the information specified in
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`paragraph 7.4. may disclose the designated material to the identified expert unless,
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`within seven days of delivering the request, the party receives a written objection from
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`the designator providing detailed grounds for the objection. All challenges to
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`objections from the designator shall proceed according to the informal dispute
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`resolution process set forth in the Court’s Procedures and Schedules. See
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`http://www.cacd.uscourts.gov/honorable-alka-sagar.
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`8.
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`PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
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`OTHER LITIGATION
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`If a Party is served with a subpoena or a court order issued in other litigation
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`that compels disclosure of any information or items designated in this Action as
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`“CONFIDENTIAL,” “COCO,” or “HCSC” that Party must:
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`(a)
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`promptly notify in writing the Designating Party. Such notification
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`shall include a copy of the subpoena or court order;
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`(b)
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`promptly notify in writing the party who caused the subpoena or
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`order to issue in the other litigation that some or all of the material covered by the
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`subpoena or order is subject to this Protective Order. Such notification shall include a
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`copy of this Stipulated Protective Order; and
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`(c)
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`cooperate with respect to all reasonable procedures sought to be
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`pursued by the Designating Party whose Protected Material may be affected.
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`STIPULATED PROTECTIVE ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 13 of 27 Page ID #:503
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`If the Designating Party timely seeks a protective order, the Party served with
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`the subpoena or court order shall not produce any information designated in this action
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`as “CONFIDENTIAL,” “COCO,” or “HCSC” before a determination by the court
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`from which the subpoena or order issued, unless the Party has obtained the
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`Designating Party’s permission. The Designating Party shall bear the burden and
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`expense of seeking protection in that court of its confidential material and nothing in
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`these provisions should be construed as authorizing or encouraging a Receiving Party
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`in this Action to disobey a lawful directive from another court.
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`9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
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`PRODUCED IN THIS LITIGATION
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`(a) The terms of this Order are applicable to information produced by
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`a Non-Party in this Action and designated as “CONFIDENTIAL,” “COCO,” or
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`“HCSC.” Such information produced by Non-Parties in connection with this litigation
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`is protected by the remedies and relief provided by this Order. Nothing in these
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`provisions should be construed as prohibiting a Non-Party from seeking additional
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`protections.
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`(b)
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`In the event that a Party is required, by a valid discovery request,
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`to produce a Non-Party’s confidential information in its possession, and the Party is
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`subject to an agreement with the Non-Party not to produce the Non-Party’s
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`confidential information, then the Party shall:
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`(1)
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`promptly notify in writing the Requesting Party and the
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`Non-Party that some or all of the information requested is subject to a
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`confidentiality agreement with a Non-Party;
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`STIPULATED PROTECTIVE ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`(2)
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`promptly provide the Non-Party with a copy of the
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`Stipulated Protective Order in this Action, the relevant discovery request(s), and
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`a reasonably specific description of the information requested; and
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`(3) make the information requested available for inspection by
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`the Non-Party, if requested.
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`(c)
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`If the Non-Party fails to seek a protective order from this court
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`within 14 days of receiving the notice and accompanying information, the Receiving
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`Party may produce the Non-Party’s confidential information responsive to the
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`discovery request. If the Non-Party timely seeks a protective order, the Receiving
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`Party shall not produce any information in its possession or control that is subject to
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`the confidentiality agreement with the Non-Party before a determination by the court.
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`Absent a court order to the contrary, the Non-Party shall bear the burden and expense
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`of seeking protection in this court of its Protected Material.
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`10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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`
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`If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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`Protected Material to any person or in any circumstance not authorized under this
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`Stipulated Protective Order, the Receiving Party must immediately (a) notify in
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`writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
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`to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
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`persons to whom unauthorized disclosures were made of all the terms of this Order,
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`and (d) request such person or persons to execute the “Acknowledgment and
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`Agreement to Be Bound” that is attached hereto as Exhibit A.
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`11. SOURCE CODE
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`For Protected Material designated “HIGHLY CONFIDENTIAL – SOURCE
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`CODE,” which shall mean documents or information containing or substantively
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`STIPULATED PROTECTIVE ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 15 of 27 Page ID #:505
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`relating to confidential, proprietary and/or trade secret source code or technical design
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`documentation (“Source Code Material”), the following additional restrictions apply:
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`11.1 Access to a party’s Source Code Material shall be provided only on a
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`“standalone” computer (that is, the computer may not be linked to any network,
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`including a local area network, an intranet or the Internet) (“Source Code Computer”)
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`that is password protected and maintained in a secure room (“Source Code Review
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`Room”). The Source Code Computer shall be located at the offices of outside counsel
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`for the Producing Party. For TCL: Perkins Coie LLP, 11452 El Camino Real, Suite
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`300, San Diego, CA 92130-2080. No recordable media or recordable devices,
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`including without limitation sound recorders, computers, cellular telephones,
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`peripheral equipment, cameras, CDs, DVDs, or drives of any kind, shall be permitted
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`into the Source Code Review Room;
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`11.2 The Source Code Computer will only be available during normal business
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`hours, which for purposes of this paragraph shall be 9:00 a.m. through 6:00 p.m. on
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`business days (i.e., weekdays that are not federal holidays). Prior to the first inspection
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`of any requested Source Code Material, the Receiving Party shall provide twenty-one
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`(21) days’ notice of the Source Code Material that it wishes to inspect. The Receiving
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`Party shall provide five (5) days notice prior to any subsequent inspections;
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`11.3 The Producing Party shall provide the Receiving Party with information
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`explaining how to start, log on to, and operate the Source Code Computer in order to
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`access the produced Source Code Material on the Source Code Computer. The
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`Producing Party may visually monitor the activities of the Receiving Party’s
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`representatives during any Source Code Material review, but only to ensure that no
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`unauthorized electronic records of the Source Code Material and no information
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`concerning the Source Code Material are being created or transmitted in any way;
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`STIPULATED PROTECTIVE ORDER
`Case No. 8:19-cv-02192-GW-ASx
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`Case 8:19-cv-02192-GW-AS Document 48 Filed 07/01/20 Page 16 of 27 Page ID #:506
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`11.4 The Producing Party will produce Source Code Material in computer
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`searchable format on the Source Code Computer as described above and will, upon
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`request from the Receiving Party, install freely available software tools on the Source
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`Code Computer for purposes of the review (including but not limited to software to
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`perform searches of the Source Code Material), if such tools exist and are in
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`possession of the Producing Party at the time the first request to review Source Code
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`Material is received;
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`11.5 The Receiving Party may request that the Producing Party install software
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`on the Source Code Computer to perform searches of the Source Code Material or to
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`review the Source Code Material consistent with all of the protections herein. The
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`Receiving Party shall timely request that common review software be installed on the
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`computer but must provide the Producing Party with removable electronic media (e.g.,
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`a CD, DVD, or flash memory “stick”) containing any such software tools not
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`commonly available at least fourteen (14) days in advance of the date upon which the
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`Receiving Party wishes to have the additional not commonly available software
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`available for use on the Source Code Computer. Reasonable and timely requests for
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`the installation of such search software will not be denied. If the Receiving Party
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`requests installation of review software that requires a paid license, the Receiving
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`Party must obtain that