Berster Technologies, LLC v. Christmas et al
Filing
99
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge John F. Moulds on 11/7/11 pursuant to 97 Stipulation. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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BERSTER TECHNOLOGIES, LLC doing
business as CHIP CONNECT, a California
limited liability company,
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CASE NO. 2:11-cv-01541-KJM-JFM
STIPULATED PROTECTIVE ORDER
Plaintiff,
v.
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COY CHRISTMAS, an individual, JIM
RONDING, an individual, BGRMODS,
LLC, a Minnesota limited liability
company, CALIBUR11, LLC, a Minnesota
limited liability company, and
EINSTEINMODZ, a Wisconsin limited
liability company,
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Defendants.
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1.
PURPOSES AND LIMITATIONS
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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
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12.3, below, that this Stipulated Protective Order does not entitle them to file confidential
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information under seal; Local Rule 141 sets forth the procedures that must be followed and the
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standards that will be applied when a party seeks permission from the court to file material under
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seal.
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2.
DEFINITIONS
2.1
Challenging Party: a Party or Non-Party that challenges the designation of
information or items under this Order.
2.2
“CONFIDENTIAL” Information or Items: information (regardless of how
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it is generated, stored or maintained) or tangible things that qualify for protection under Federal
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Rule of Civil Procedure 26(c).
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2.3
Counsel (without qualifier):
Outside Counsel of Record and House
Counsel (as well as their support staff).
2.4
Designating Party: a Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.
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2.5
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, among other
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things, testimony, transcripts, and tangible things), that are produced or generated in disclosures
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or responses to discovery in this matter.
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2.6
Expert: a person with specialized knowledge or experience in a matter
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pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert
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witness or as a consultant in this action, (2) is not a past or current employee of a Party or of a
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Party’s competitor, and (3) at the time of retention, is not anticipated to become an employee of a
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Party or of a Party’s competitor.
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2.7
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“HIGHLY
CONFIDENTIAL
–
ATTORNEYS’
EYES
ONLY”
Information or Items: extremely sensitive “Confidential Information or Items,” disclosure of
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which to another Party or Non-Party would create a substantial risk of serious harm that could not
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be avoided by less restrictive means.
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2.8
House Counsel does not include Outside Counsel of Record or any other outside counsel.
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House Counsel: attorneys who are employees of a party to this action.
2.9
Non-Party: any natural person, partnership, corporation, association, or
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 to
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this action but are retained to represent or advise a party to this action and have appeared in this
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action on behalf of that party or are affiliated with a law firm which has appeared on behalf of
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that party.
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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 support
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staffs).
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2.12
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Discovery Material in this action.
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2.13
Producing Party:
a Party or Non-Party that produces Disclosure or
Professional Vendors: persons or entities that provide litigation support
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services (e.g., photocopying, videotaping, 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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2.14
Protected Material:
any Disclosure or Discovery Material that is
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designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY.”
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2.15
Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
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3.
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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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SCOPE
STIPULATED PROTECTIVE ORDER
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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
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a result of publication not involving a violation of this Order, including becoming part of the
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public record through trial or otherwise; and (b) any information known to the Receiving Party
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prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
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obtained the information lawfully and under no obligation of confidentiality to the Designating
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Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
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4.
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Even after final disposition of this litigation, the confidentiality obligations imposed by
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this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
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order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
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claims and defenses in this action, with or without prejudice; and (2) final judgment herein after
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the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
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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.
DURATION
DESIGNATING PROTECTED MATERIAL
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 Order must
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take care to limit any such designation to specific material that qualifies under the appropriate
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standards. To the extent it is practical to do so, the Designating Party must designate for
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protection 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 for which
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protection is not warranted are not swept unjustifiably within the ambit of this Order.
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Mass, indiscriminate, or routinized designations are prohibited. If it comes to a
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Designating Party’s attention that information or items that it designated for protection do not
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qualify for protection at all or do not qualify for the level of protection initially asserted, that
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Designating Party must promptly notify all other parties that it is withdrawing the mistaken
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designation.
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5.2
Manner and Timing of Designations. Disclosure or Discovery Material
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that qualifies for protection under this Order shall be clearly so designated before the material is
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disclosed or produced; however, as set forth in section 5.3, failure to so designate will not waive a
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Party’s ability to designate Disclosure or Discovery Material for protection.
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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,
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but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
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Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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EYES ONLY” to each page that contains protected material. If only a portion or portions of the
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material on a page qualifies for protection, the Producing Party also must clearly identify the
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protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for
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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
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material it would like copied and produced. During the inspection and before the designation, all
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of the 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 the appropriate legend (“CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) 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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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
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asserted.
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(b)
for testimony given in deposition or in other pretrial or trial proceedings,
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that the Designating Party identify on the record, before the close of the deposition, hearing, or
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other proceeding, all protected testimony and specify the level of protection being asserted.
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When it is impractical to identify separately each portion of testimony that is entitled to protection
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and it appears that substantial portions of the testimony may qualify for protection, the
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Designating Party may invoke on the record (before the deposition, hearing, or other proceeding
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is concluded) a right to have up to 21 days to identify the specific portions of the testimony as to
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which protection is sought and to specify the level of protection being asserted. Only those
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portions of the testimony that are appropriately designated for protection within the 21 days shall
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be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating
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Party may specify, at the deposition or up to 21 days afterwards if that period is properly invoked,
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that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
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– ATTORNEYS’ EYES ONLY.”
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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
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CONFIDENTIAL – 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
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inform the court reporter of these requirements. Any transcript that is prepared before the
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expiration of a 21-day period for designation shall be treated during that period as if it had been
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designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
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otherwise agreed. After the expiration of that period, the transcript shall be treated only as
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actually 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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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. If only a portion or portions
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of the information or item warrant protection, the Producing Party, to the extent practicable, shall
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identify the protected portion(s) and specify the level of protection being asserted.
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(d)
for electronically stored information produced in native format, the
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Producing Party shall indicate in the file name of such electronically stored information the bates
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number, along with the applicable legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY” for each file that contains protected material. Any party who
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wishes to use electronically stored information produced in native format, either at deposition,
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during trial, as part of any court filing or other court proceeding, shall print each such page of
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electronically stored information and affix to each printed page of the document the bates
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number, with such additional designation as would be required to distinguish each page in
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chronological order (i.e., C000001.001, C000001.002, C000001.003, etc.), along with the
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confidential designation, if any. For purposes of this section, “native format” shall refer to
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electronically stored information which has been produced as kept in the ordinary course of
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business and which has not been designated pursuant to subsection (a) above.
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5.3
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 Designating
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Party’s 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
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treated in accordance with the provisions of this Order.
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6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges.
Any Party or Non-Party may challenge a
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designation of confidentiality at any time. Unless a prompt challenge to a Designating Party’s
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confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary
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economic burdens, or a significant disruption or delay of the litigation, a Party does not waive its
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right to challenge a confidentiality designation by electing not to mount a challenge promptly
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after the original designation is disclosed.
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6.2
Meet and Confer.
The Challenging Party shall initiate the dispute
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resolution process by providing written notice of each designation it is challenging and describing
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the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the
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written notice must recite that the challenge to confidentiality is being made in accordance with
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this specific paragraph of the Protective Order.
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challenge in good faith and must begin the process by conferring directly (in voice to voice
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dialogue; other forms of communication are not sufficient) within 14 days of the date of service
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of notice. In conferring, the Challenging Party must explain the basis for its belief that the
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confidentiality designation was not proper and must give the Designating Party an opportunity to
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review the designated material, to reconsider the circumstances, and, if no change in designation
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is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to
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the next stage of the challenge process only if it has engaged in this meet and confer process first
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or establishes that the Designating Party is unwilling to participate in the meet and confer process
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in a timely manner.
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6.3
The parties shall attempt to resolve each
Judicial Intervention. If the Parties cannot resolve a challenge without
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court intervention, the Designating Party shall file and serve a motion to retain confidentiality
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under Local Rule 230 (and in compliance with Local Rule 141, if applicable) within 21 days of
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the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer
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process will not resolve their dispute, whichever is earlier.
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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 in the preceding paragraph. Failure by the Designating Party to
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make such a motion including the required declaration within 21 days (or 14 days, if applicable)
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shall automatically waive the confidentiality designation for each challenged designation. In
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addition, the Challenging Party may file a motion challenging a confidentiality designation at any
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time if there is good cause for doing so, including a challenge to the designation of a deposition
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transcript or any portions thereof. Any motion brought pursuant to this provision must be
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Each such motion must be
STIPULATED PROTECTIVE ORDER
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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.
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The burden of persuasion in any such challenge proceeding shall be on the Designating
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Party. Unless the Designating Party has waived the confidentiality designation by failing to file a
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motion to retain confidentiality as described above, all parties shall continue to afford the material
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in question 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.
ACCESS TO AND USE OF PROTECTED MATERIAL
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 case only for
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prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be
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disclosed only to the categories of persons and under the conditions described in this Order.
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When the litigation has been terminated, a Receiving Party must comply with the provisions of
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section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a location and
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in a secure manner that ensures that access is limited to the persons authorized under this Order.
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7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
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ordered by the court or permitted in writing by the Designating Party, a Receiving Party may
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disclose any 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
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disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment
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and 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)
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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(g)
the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
7.3
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY” Information or Items. Unless otherwise ordered by the court or permitted in writing by
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the Designating Party, a Receiving Party may disclose any information or item designated
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 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)
Experts of the Receiving Party (1) to whom disclosure is reasonably
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necessary for this litigation and (2) who have signed the “Acknowledgment and Agreement to Be
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Bound” (Exhibit A);
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(c)
the court and its personnel;
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(d)
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); and
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(e)
the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that compels
disclosure of any information or items designated in this action as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
(a)
promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b)
promptly notify in writing the party who caused the subpoena or order to
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issue in the other litigation that some or all of the material covered by the subpoena or order is
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subject to this Protective Order.
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Protective Order; and
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(c)
Such notification shall include a copy of this Stipulated
cooperate with respect to all reasonable procedures sought to be pursued by
the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the
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subpoena or court order shall not produce any information designated in this action as
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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a
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determination by the court from which the subpoena or order issued, unless the Party has obtained
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the Designating Party’s permission. The Designating Party shall bear the burden and expense of
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seeking protection in that court of its confidential material – and nothing in these provisions
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should be construed as authorizing or encouraging a Receiving Party in this action to disobey a
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lawful directive from another court.
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9.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION
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(a)
The terms of this Order are applicable to information produced by a Non-
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Party in this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY”. Such information produced by Non-Parties in connection with
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this litigation 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 protections.
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(b)
In the event that a Party is required, by a valid discovery request, to
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produce a Non-Party’s confidential information in its possession, and the Party is subject to an
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agreement with the Non-Party not to produce the Non-Party’s confidential information, then the
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Party shall:
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1.
promptly notify in writing the Requesting Party and the Non-Party
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that some or all of the information requested is subject to a confidentiality agreement with a Non-
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Party;
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2.
promptly provide the Non-Party with a copy of the Stipulated
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Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific
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description of the information requested; and
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3.
make the information requested available for inspection by the
Non-Party.
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(c)
If the Non-Party fails to object or seek a protective order from this court
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within 14 days of receiving the notice and accompanying information, the Receiving Party may
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produce the Non-Party’s confidential information responsive to the discovery request. If the
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Non-Party timely seeks a protective order, the Receiving Party shall not produce any information
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in its possession or control that is subject to the confidentiality agreement with the Non-Party
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before a determination by the court. Absent a court order to the contrary, the Non-Party shall
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bear the burden and expense of seeking protection in this court of its Protected Material.
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10.
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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Material to any person or in any circumstance not authorized under this Stipulated Protective
4
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
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unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
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Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
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made of all the terms of this Order, and (d) request such person or persons to execute the
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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
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11.
INADVERTENT
PRODUCTION
OF
PRIVILEGED
OR
OTHERWISE
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently
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produced material is subject to a claim of privilege or other protection, the obligations of the
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Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
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provision is not intended to modify whatever procedure may be established in an e-discovery
15
order that provides for production without prior privilege review. Pursuant to Federal Rule of
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Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
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communication or information covered by the attorney-client privilege or work product
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protection, the parties may incorporate their agreement in the stipulated protective order
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submitted to the court.
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Following initial notice received of the inadvertent production, if the receiving Party
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contests the privilege or work-product designation contained in the notice, the receiving Party
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shall give the producing Party written notice of the reason for said disagreement within five (5)
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court days of initial notice received and shall be entitled to retain one copy of the disputed
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document for use in resolving the dispute. The receiving Party shall, within fifteen (15) court days
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from the initial notice by the producing Party, seek an order from the Court compelling the
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production of the material. If no such order is sought, the single retained copy of the disputed
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document shall be returned or destroyed upon expiration of the fifteen (15) court day period.
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Upon receiving an initial notice of any inadvertent production, any analyses, memoranda
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or notes (including in electronic form to the extent reasonably practicable) which were internally
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generated by the receiving Party based upon such inadvertently produced information shall
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immediately be placed in sealed envelopes, and shall be destroyed in the event that (a) the
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receiving Party does not contest that the information is privileged or work-product material, or (b)
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the Court rules that the information is privileged, work-product, or otherwise protected. Such
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analyses, memoranda or notes may only be removed from the sealed envelopes and returned to its
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intended purpose in the event that (a) the producing Party agrees in writing that the information is
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not privileged or work-product material, or (b) the Court rules that the information is not
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privileged, or otherwise protected.
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12.
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MISCELLANEOUS
12.1
Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the court in the future.
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12.2
Right to Assert Other Objections.
By stipulating to the entry of this
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Protective Order no Party waives any right it otherwise would have to object to disclosing or
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producing any information or item on any ground not addressed in this Stipulated Protective
16
Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of
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the material covered by this Protective Order.
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12.3
Filing Protected Material. Without written permission from the
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Designating Party or a court order secured after appropriate notice to all interested persons, a
20
Party may not file in the public record in this action any Protected Material. A Party that seeks to
21
file under seal any Protected Material must comply with Local Rule 141. Protected Material may
22
only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected
23
Material at issue. Pursuant to Local Rule 141(a)-(b), a sealing order will issue only upon a
24
showing required by applicable law, supported by the statutory or other authority for sealing, the
25
requested duration, the identity, by name or category, of persons to be permitted access to the
26
documents, an explanation of service or lack thereof upon other parties, and all other relevant
27
information.
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-14STIPULATED PROTECTIVE ORDER
1
13.
2
Within 60 days after the final disposition of this action, as defined in paragraph 4, each
FINAL DISPOSITION
3
Receiving Party must return all Protected Material to the Producing Party or destroy such
4
material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
5
compilations, summaries, and any other format reproducing or capturing any of the Protected
6
Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
7
submit a written certification to the Producing Party (and, if not the same person or entity, to the
8
Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all
9
the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has
10
not retained any copies, abstracts, compilations, summaries or any other format reproducing or
11
capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to
12
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
13
legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work
14
product, and consultant and expert work product, even if such materials contain Protected
15
Material. Any such archival copies that contain or constitute Protected Material remain subject to
16
this Protective Order as set forth in Section 4 (DURATION).
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: October 21, 2011
__/s/ Rajiv Dharnidharka__________________
Attorneys for Plaintiff Berster Technologies,
LLC doing business as CHIP CONNECT
DATED: October 21, 2011
__/s/ Yuridia Caire________
Attorneys for Defendants
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20
21
22
________
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: November 7, 2011.
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/014;bers1541.po
-15STIPULATED PROTECTIVE ORDER
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of _________________
4
[print or type full address], declare under penalty of perjury that I have read in its entirety and
5
understand the Stipulated Protective Order that was issued by the United States District Court for
6
the Eastern District of California on _________ in the case of Berster Technologies, LLC doing
7
business as Chip Connect v. Coy Christmas, et al, Case No. 2:11-cv-01541-KJM-JFM. I agree to
8
comply with and to be bound by all the terms of this Stipulated Protective Order and I understand
9
and acknowledge that failure to so comply could expose me to sanctions and punishment in the
10
nature of contempt. I solemnly promise that I will not disclose in any manner any information or
11
item that is subject to this Stipulated Protective Order to any person or entity except in strict
12
compliance with the provisions of this Order.
13
I further agree to submit to the jurisdiction of the United States District Court for the
14
Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective
15
Order, even if such enforcement proceedings occur after termination of this action.
16
I hereby appoint __________________________ [print or type full name] of
17
_______________________________________ [print or type full address and telephone
18
number] as my California agent for service of process in connection with this action or any
19
proceedings related to enforcement of this Stipulated Protective Order.
20
Date: _________________________________
21
City and State where sworn and signed: _________________________________
22
Printed name: ______________________________
[printed name]
23
24
Signature: __________________________________
[signature]
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28
-2STIPULATED PROTECTIVE ORDER
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