`
`ADAM J. LEVITT
`alevitt@gelaw.com
`ROBERT G. EISLER
`reisler@gelaw.com
`JOHN E. TANGREN
`jtangren@gelaw.com
`GRANT & EISENHOFER P.A.
`30 North LaSalle Street, Suite 2350
`Chicago, IL 60602
`Telephone: 312/214-0000
`
`Counsel for Plaintiff Thomas Buchar
`
`
`
`FRANCIS M. GREGOREK (144785)
`gregorek@whafh.com
`RACHELE R. RICKERT (190634)
`rickert@whafh.com
`WOLF HALDENSTEIN ADLER
` FREEMAN & HERZ LLP
`750 B Street, Suite 2770
`San Diego, CA 92101
`Telephone: 619-239-4599
`
`MARK C. RIFKIN (pro hac vice)
`rifkin@whafh.com
`ALEXANDER H. SCHMIDT (pro hac vice)
`schmidt@whafh.com
`MICHAEL LISKOW (243899)
`liskow@whafh.com
`WOLF HALDENSTEIN ADLER
` FREEMAN & HERZ LLP
`270 Madison Avenue
`New York, NY 10016
`Telephone: 212-545-4600
`
`Counsel for Plaintiffs
`
`[Additional Counsel Appear On Signature Page]
`
`
`UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`OAKLAND DIVISION
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`CASE NO. 4:12-cv-05404-YGR
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`
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`STIPULATED PROTECTIVE ORDER
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`
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`DEPT:
`JUDGE:
`
`Courtroom 1, 4th Floor
`Hon. Yvonne Gonzalez Rogers
`
`
`
`ZACK WARD and THOMAS
`BUCHAR, on behalf of themselves
`and all others similarly situated,
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`v.
`
`APPLE INC.,
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`
`Plaintiffs,
`
`
`Defendant.
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`STIPULATED PROTECTIVE ORDER – CASE NO. 4:12-cv-05404-YGR
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`Case 4:12-cv-05404-YGR Document 67 Filed 10/29/15 Page 2 of 20
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`PURPOSES AND LIMITATIONS
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`1.
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`Disclosure and discovery activity in this action are likely to involve production of
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`confidential, proprietary, or private information for which special protection from public
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`disclosure and from 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 following Stipulated
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`Protective Order. The parties acknowledge that this Order does not confer blanket protections on
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`all disclosures or responses to discovery and that the protection it affords from public disclosure
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`and use extends only to the limited information or items that are entitled to confidential treatment
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`under the applicable legal principles. The parties further acknowledge, as set forth in Section 14.4,
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`below, that this Stipulated Protective Order does not entitle them to file confidential information
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`under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards
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`that will be applied when a party seeks permission from the court to file material under seal.
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`2.
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`DEFINITIONS
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`2.1
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`Challenging Party: a Party or Non-Party that challenges the designation of
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`information or items under this Order.
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`2.2
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`“CONFIDENTIAL” Information or Items: information (regardless of how it is
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`generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
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`of Civil Procedure 26(c).
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`2.3
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`Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
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`well as their support staff).
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`2.4
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`Designated House Counsel: House Counsel who seek access
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`to “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this matter.
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`2.5
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`Designating Party: a Party or Non-Party that designates information or items that it
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`produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE”.
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`2.6
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`Disclosure or Discovery Material: all items or information, regardless of the
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`medium or manner in which it is generated, stored, or maintained (including, among other things,
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`STIPULATED PROTECTIVE ORDER – CASE NO. 4:12-cv-05404-YGR
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`Case 4:12-cv-05404-YGR Document 67 Filed 10/29/15 Page 3 of 20
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`testimony, transcripts, and tangible things), that are produced or generated in disclosures or
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`responses to discovery in this matter.
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`2.7
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`Expert: a person with specialized knowledge or experience in a matter pertinent to
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`the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as
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`a consultant in this action, (2) is not a past or current employee of a Party or of a Party’s
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`competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or
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`of a Party’s competitor.
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`2.8
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
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`Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another
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`Party or Non-Party would create a substantial risk of serious harm that could not be avoided by
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`less restrictive means.
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`2.9
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items: extremely
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`sensitive “Confidential Information or Items” representing computer code and associated
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`comments and revision histories, formulas, engineering specifications, or schematics that define or
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`otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure
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`of which to another Party or Non-Party would create a substantial risk of serious harm that could
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`not be avoided by less restrictive means.
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`2.10 House Counsel: attorneys who are employees of a party to this action. House
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`Counsel does not include Outside Counsel of Record or any other outside counsel.
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`2.11 Non-Party: any natural person, partnership, corporation, association, or other legal
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`entity not named as a Party to this action.
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`2.12 Outside Counsel of Record: attorneys who are not employees of a party to this
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`action but are retained to represent or advise a party to this action and have appeared in this action
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`on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
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`2.13 Party: any party to this action, including all of its officers, directors, employees,
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`consultants, retained experts, and Outside Counsel of Record (and their support staffs).
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`2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
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`Material in this action.
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`Case 4:12-cv-05404-YGR Document 67 Filed 10/29/15 Page 4 of 20
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`2.15 Professional Vendors: persons or entities that provide litigation support services
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`(e.g., photocopying, videotaping,
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`translating, preparing exhibits or demonstrations, and
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`organizing, storing, or retrieving data in any form or medium) and their employees and
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`subcontractors.
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`2.16 Protected Material: any Disclosure or Discovery Material that is designated as
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`“CONFIDENTIAL,” as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or as
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`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
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`2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a
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`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 Protected Material
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`(as defined above), but also (1) any information copied or extracted from Protected Material; (2)
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`all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
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`conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
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`However, the protections conferred by this Stipulation and Order do not cover the following
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`information: (a) any information that is in the public domain at the time of disclosure to a
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`Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a
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`result of publication not involving a violation of this Order, including becoming part of the public
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`record through trial or otherwise; and (b) any information known to the Receiving Party prior to
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`the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained
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`the information lawfully and under no obligation of confidentiality to the Designating Party. Any
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`use of Protected Material at trial shall be governed by a separate agreement or order.
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`4.
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`DURATION
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`Even after final disposition of this litigation, the confidentiality obligations imposed by this
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`Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
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`otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
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`and defenses in this action, with or without prejudice; and (2) final judgment herein after the
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`completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
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`STIPULATED PROTECTIVE ORDER – CASE NO. 4:12-cv-05404-YGR
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`including the time limits for filing any motions or applications for extension of time pursuant to
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`applicable law.
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`5.
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`DESIGNATING PROTECTED MATERIAL
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`5.1
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`Exercise of Restraint and Care in Designating Material for Protection. Each Party
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`or Non-Party that designates information or items for protection under this Order must take care to
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`limit any such designation to specific material that qualifies under the appropriate standards. To
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`the extent it is practical to do so, the Designating Party must designate for protection only those
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`parts of material, documents, items, or oral or written communications that qualify – so that other
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`portions of the material, documents, items, or communications for which protection is not
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`warranted are not swept unjustifiably within the ambit of this Order.
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`Mass, indiscriminate, or routinized designations are prohibited. Designations that are
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`shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
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`unnecessarily encumber or retard the case development process or to impose unnecessary
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`expenses and burdens on other parties) expose the Designating Party to sanctions.
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`If it comes to a Designating Party’s attention that information or items that it designated
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`for protection do not qualify for protection at all or do not qualify for the level of protection
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`initially asserted, that Designating Party must promptly notify all other parties that it is
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`withdrawing the mistaken designation.
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`5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
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`(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
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`Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
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`designated before the material is disclosed or produced.
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`Designation in conformity with this Order requires:
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`(a) for information in documentary form (e.g., paper or electronic documents, but
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`excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
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`affix the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” 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, the
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`STIPULATED PROTECTIVE ORDER – CASE NO. 4:12-cv-05404-YGR
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`Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
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`markings in the margins) and must specify, for each portion, the level of protection being asserted.
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`A Party or Non-Party that makes original documents or materials available for inspection
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`need not designate them for protection until after the inspecting Party has indicated which material
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`it would like copied and produced. During the inspection and before the designation, all of the
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`material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.” 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 portions thereof,
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`qualify for protection under this Order. Then, before producing the specified documents, the
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`Producing Party must affix
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`the appropriate
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`legend
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`(“CONFIDENTIAL,” “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE”) to each page that contains Protected Material. If only a portion or portions of the material
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`on a page 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) and must specify, for each
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`portion, the level of protection being asserted.
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`(b) for testimony given in deposition or in other pretrial or trial proceedings, that
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`the Designating Party identify on the record, before the close of the deposition, hearing, or other
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`proceeding, all protected testimony and specify the level of protection being asserted. When it is
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`impractical to identify separately each portion of testimony that is entitled to protection and it
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`appears that substantial portions of the testimony may qualify for protection, the Designating Party
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`may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right
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`to have up to 21 days to identify the specific portions of the testimony as to which protection is
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`sought and to specify the level of protection being asserted. Only those portions of the testimony
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`that are appropriately designated for protection within the 21 days shall be covered by the
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`provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at
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`the deposition or up to 21 days afterwards if that period is properly invoked, that the entire
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`transcript shall be
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`treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.”
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`Case 4:12-cv-05404-YGR Document 67 Filed 10/29/15 Page 7 of 20
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`Parties shall give the other parties notice if they reasonably expect a deposition, hearing or
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`other proceeding to include Protected Material so that the other parties can ensure that only
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`authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound”
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`(Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition
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`shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
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`– ATTORNEYS’ EYES ONLY.”
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`Transcripts containing Protected Material shall have an obvious legend on the title page
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`that the transcript contains Protected Material, and the title page shall be followed by a list of all
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`pages (including line numbers as appropriate) that have been designated as Protected Material and
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`the level of protection being asserted by the Designating Party. The Designating Party shall inform
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`the court reporter of these requirements. Any transcript that is prepared before the expiration of a
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`21-day period for designation shall be treated during that period as if it had been designated
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise
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`agreed. After the expiration of that period, the transcript shall be treated only as actually
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`designated.
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`(c) for information produced in some form other than documentary and for any
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`other tangible items, that the Producing Party affix in a prominent place on the exterior of the
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`container or containers in which the information or item is stored the legend “CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
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`SOURCE CODE”. If only a portion or portions of the information or item warrant protection, the
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`Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the
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`level of protection being asserted.
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`5.3
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`Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
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`designate qualified information or items does not, standing alone, waive the Designating Party’s
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`right to secure protection under this Order for such material. Upon timely correction of a
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`designation, the Receiving Party must make reasonable efforts to assure that the material is treated
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`in accordance with the provisions of this Order.
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`/ / /
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`STIPULATED PROTECTIVE ORDER – CASE NO. 4:12-cv-05404-YGR
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`Case 4:12-cv-05404-YGR Document 67 Filed 10/29/15 Page 8 of 20
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`6.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`6.1
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`Timing of Challenges. Any Party or Non-Party may challenge a designation of
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`confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
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`designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
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`burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
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`challenge a confidentiality designation by electing not to mount a challenge promptly after the
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`original designation is disclosed.
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`6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
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`process by providing written notice of each designation it is challenging and describing the basis
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`for each challenge. To avoid ambiguity as to whether a challenge has been made, the written
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`notice must recite that the challenge to confidentiality is being made in accordance with this
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`specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in
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`good faith and must begin the process by conferring directly (in voice to voice dialogue; other
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`forms of communication are not sufficient) within 14 days of the date of service of notice. In
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`conferring, the Challenging Party must explain the basis for its belief that the confidentiality
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`designation was not proper and must give the Designating Party an opportunity to review the
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`designated material, to reconsider the circumstances, and, if no change in designation is offered, to
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`explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of
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`the challenge process only if it has engaged in this meet and confer process first or establishes that
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`the Designating Party is unwilling to participate in the meet and confer process in a timely
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`manner.
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`6.3
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`Judicial Intervention. If the Parties cannot resolve a challenge without court
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`intervention, the parties shall follow the Court’s Standing Order in Civil Cases regarding
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`Discovery and Discovery Motions. The parties may file a joint letter brief regarding retaining
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`confidentiality within 21 days of the initial notice of challenge or within 14 days of the parties
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`agreeing that the meet and confer process will not resolve their dispute, whichever is earlier.
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`Failure by a Designating Party to file such discovery dispute letter within the applicable 21 or 14
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`day period (set forth above) with the Court shall automatically waive the confidentiality
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`Case 4:12-cv-05404-YGR Document 67 Filed 10/29/15 Page 9 of 20
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`designation for each challenged designation. If, after submitting a joint letter brief, the Court
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`allows that a motion may be filed, any such motion must be accompanied by a competent
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`declaration affirming that the movant has complied with the meet and confer requirements
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`imposed in the preceding paragraph. The Court, in its discretion, may elect to transfer the
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`discovery matter to a Magistrate Judge.
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`In addition, the parties may file a joint letter brief regarding a challenge to a confidentiality
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`designation at any time if there is good cause for doing so, including a challenge to the designation
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`of a deposition transcript or any portions thereof. If, after submitting a joint letter brief, the Court
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`allows that a motion may be filed, any motion brought pursuant to this provision must be
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`accompanied by a competent declaration affirming that the movant has complied with the meet
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`and confer requirements imposed by the preceding paragraph. The Court, in its discretion, may
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`elect to refer the discovery matter to a Magistrate Judge.
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`The burden of persuasion in any such challenge proceeding shall be on the Designating
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`Party. Frivolous 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 to
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`sanctions. Unless the Designating Party has waived the confidentiality designation by failing to file
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`a letter brief to retain confidentiality as described above, all parties shall continue to afford the
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`material in question the level of protection to which it is entitled under the Producing Party’s
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`designation 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
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`Basic Principles. A Receiving Party may use Protected Material that is disclosed or
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`produced by another Party or by a Non-Party in connection with this case only for prosecuting,
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`defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
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`the categories of persons and under the conditions described in this Order. When the litigation has
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`been terminated, a Receiving Party must comply with the provisions of section 15 below (FINAL
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`DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving Party at a location and in
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`a secure manner that ensures that access is limited to the persons authorized under this Order.
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`Case 4:12-cv-05404-YGR Document 67 Filed 10/29/15 Page 10 of 20
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`7.2
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`Disclosure of “CONFIDENTIAL” 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 disclose any
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`information or item designated “CONFIDENTIAL” only to:
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`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
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`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
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`information for this litigation and who have signed the “Acknowledgment and Agreement to Be
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`Bound” that is attached hereto as Exhibit A;
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`(b) the officers, directors, and employees (including House Counsel) of the
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`Receiving Party to whom disclosure is reasonably necessary for this litigation and who have
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`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation and who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A);
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`(d) the court and its personnel;
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`(e) court reporters and their staff, professional jury or trial consultants, and
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`Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
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`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(f) mock jurors who have signed an Undertaking, the content of which shall be
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`agreed upon by the Parties;
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`(g) during their depositions, witnesses in the action to whom disclosure is
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`reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
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`(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of
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`transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be
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`separately bound by the court reporter and may not be disclosed to anyone except as permitted
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`under this Stipulated Protective Order.
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`(h) the author or recipient of a document containing the information or a custodian
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`or other person who otherwise possessed or knew the information.
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`/ / /
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`7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” 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 disclose any
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`information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” only to:
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`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
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`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
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`information for this litigation and who have signed the “Acknowledgment and Agreement to Be
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`Bound” that is attached hereto as Exhibit A;
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`(b) Designated House Counsel of the Receiving Party (1) who has no involvement in
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`competitive decision-making, (2) to whom disclosure is reasonably necessary for this litigation, (3) who
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`has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (4) as to whom the
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`Designating Party has agreed in writing;(c) Experts of the Receiving Party (1) to whom disclosure is
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`reasonably necessary for this litigation, and (2) who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A), as long as the Expert is not a current officer, director, or
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`employee of a competitor of a Party or anticipated to become one;
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`(d) the court and its personnel;
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`(e) court reporters and their staff, professional jury or trial consultants, and
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`Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
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`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(f) (mock jurors who have signed an Undertaking, the content of which shall be
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`agreed upon by the Parties; and
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`(g) the author or recipient of a document containing the information or a custodian
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`or other person who otherwise possessed or knew the information.
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`8.
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`SOURCE CODE
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`(a)
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`To the extent production of source code becomes necessary in this case, a
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`Producing Party may designate source code as “HIGHLY CONFIDENTIAL - SOURCE CODE”
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`if it comprises or includes confidential, proprietary or trade secret source code.
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`(b)
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`Protected Material designated as “HIGHLY CONFIDENTIAL – SOURCE
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`CODE” shall be subject to all of the protections afforded to “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” information and may be disclosed only to the individuals to whom
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information may be disclosed, as
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`set forth in Paragraph 7.3, with the exception of Designated House Counsel.
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`(c)
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`Any source code produced in discovery shall be made available for
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`inspection in a format through which it could be reasonably reviewed and searched during normal
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`business hours or other mutually agreeable times at a location that is mutually agreed upon. The
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`source code shall be made available for inspection on a secured computer in a secured room
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`without Internet access or network access to other computers, and the Receiving Party shall not
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`copy, remove, or otherwise transfer any portion of the source code onto any recordable media or
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`recordable device. The Producing Party may visually monitor the activities of the Receiving
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`Party’s representatives during any source code review, but only to ensure that there is no
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`unauthorized recording, copying, or transmission of the source code.
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`(d)
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`The Receiving Party may request paper copies of limited portions of source
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`code that are reasonably necessary for the preparation of court filings, pleadings, expert reports, or
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`other papers, or for deposition or trial, but shall not request paper copies for the purposes of
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`reviewing the source code other than electronically as set forth in paragraph (c) in the first
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`instance. The Producing Party shall provide all such source code in paper form including bates
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`numbers and the label “HIGHLY CONFIDENTIAL - SOURCE CODE.” The Producing Party
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`may challenge the amount of source code requested in hard copy form pursuant to the dispute
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`resolution procedure and timeframes set forth in Paragraph 6 whereby the Producing Party is the
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`“Challenging Party” and the Receiving Party is the “Designating Party” for purposes of dispute
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`resolution.
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`(e)
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`The Receiving Party shall maintain a record of any individual who has
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`inspected any portion of the source code in electronic or paper form. The Receiving Party shall
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`maintain all paper copies of any printed portions of the source code in a secured, locked area. The
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`Receiving Party shall not create any electronic or other images of the paper copies and shall not
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`convert any of the information contained in the paper copies into any electronic format. The
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`Receiving Party shall only make additional paper copies if such additional copies are (1) necessary
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`to prepare court filings, pleadings, or other papers (including a testifying expert’s expert report),
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`(2) necessary for deposition, or (3) otherwise necessary for the preparation of its case. Any paper
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`copies used during a deposition shall be retrieved by the Producing Party at the end of each day
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`and must not be given to or left with a court reporter or any other unauthorized individual.
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`9.
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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 that compels
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`disclosure of any information or items designated in this action as “CONFIDENTIAL,” “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE” that Party must:
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`(a) promptly notify in writing the Designating Party. Such notification shall include
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`a copy of the subpoena or court order;
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`(b) promptly notify in writing the party who caused the subpoena or order to issue
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`in the other litigation that some or all of the material covered by the subpoena or order is subject to
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`this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
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`and
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`(c) cooperate with respect to all reasonable procedures sought to be pursued by the
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`Designating Party whose Protected Material may be affected.1
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`If the Designating Party timely seeks a protective order, the Party served with the subpoena
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`or court order shall not produce any information designated in this action as “CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
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`SOURCE CODE” before a determination by the court from which the subpoena or order issued,
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`unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear
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`The purpose of imposing these duties is to alert the interested parties to the existence of this
`Protective Order and to afford the Designating Party in this case an opportunity to try to protect its
`confidentiality interests in the court from which the subpoena or order issue