Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 1 of 21 Page ID #:378
`Case 2:l4—cv—O3113—JAK—JEM Document 39-3 Filed 09/05/14 Page 1 of 21 Page ID #:378
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` EXHIBIT "C"
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`EXHIBIT "C"
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 2 of 21 Page ID #:379
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`Ryan K. Yagura (SBN 197619)
`ryagura@omm.com
`Kevin Murray (SBN 275186)
`kmurray2@omm.com
`O’MELVENY & MYERS LLP
`400 South Hope Street
`Los Angeles, CA 90071
`Telephone: (213) 430-6189
`Facsimile: (213) 430-6407
`
`Michael J. Lennon (pro hac vice)
`mlennon@kenyon.com
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Telephone: (212) 425-7200
`Facsimile: (212) 425-5288
`
`Attorneys for Defendants
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`
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`SIGNAL IP, INC.,
`Plaintiff,
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`v.
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`VOLKSWAGEN GROUP OF
`AMERICA, INC., et al.,
`Defendants.
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`
`
`Case No. CV 14-03113 JAK(JEMx)
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`[PROPOSED] PROTECTIVE ORDER
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`WHEREAS, Plaintiff Signal IP, Inc. and Defendants Volkswagen Group of
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`America, Inc. and Bentley Motors Inc., hereafter referred to as “the Parties,”
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`believe that certain information that is or will be encompassed by discovery
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`demands by the Parties involves the production or disclosure of trade secrets,
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`confidential business information, or other proprietary information;
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 3 of 21 Page ID #:380
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in
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`accordance with Federal Rule of Civil Procedure 26(c);
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`1.
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`Each Party may designate as confidential for protection under this Order, in
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`whole or in part, any document, information or material that constitutes or
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`includes, in whole or in part, confidential or proprietary information or trade
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`secrets of the Party or a Third Party to whom the Party reasonably believes it
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`owes an obligation of confidentiality with respect to such document,
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`information or material (“Protected Material”). Protected Material shall be
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`designated by the Party producing it by affixing a legend or stamp on such
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`document, information or material as follows: “CONFIDENTIAL.” The
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`word “CONFIDENTIAL” shall be placed clearly on each page of the
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`Protected Material (except deposition and hearing transcripts) for which such
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`protection is sought. For deposition and hearing transcripts, the word
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`“CONFIDENTIAL” shall be placed on the cover page of the transcript (if not
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`already present on the cover page of the transcript when received from the
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`court reporter) by each attorney receiving a copy of the transcript after that
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`attorney receives notice of the designation of some or all of that transcript as
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`“CONFIDENTIAL.”
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`- 2 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 4 of 21 Page ID #:381
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`Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before
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`issuance of this Order with the designation “Confidential” or “Confidential -
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`Outside Attorneys’ Eyes Only” shall receive the same treatment as if
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`designated “RESTRICTED - ATTORNEYS’ EYES ONLY” under this
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`Order, unless and until such document is redesignated to have a different
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`classification under this Order.
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`3. With
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`respect
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`to documents,
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`information or material designated
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`“CONFIDENTIAL, “RESTRICTED - ATTORNEYS’ EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” (“DESIGNATED
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`MATERIAL”),1
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` subject to the provisions herein and unless otherwise stated,
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`this Order governs, without limitation: (a) all documents, electronically
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`stored information, and/or things as defined by the Federal Rules of Civil
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`Procedure; (b) all pretrial, hearing or deposition testimony, or documents
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`marked as exhibits or for identification in depositions and hearings; (c)
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`pretrial pleadings, exhibits to pleadings and other court filings; (d) affidavits;
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`and (e) stipulations. All copies, reproductions, extracts, digests and complete
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`or partial summaries prepared from any DESIGNATED MATERIALS shall
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`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to
`the class of materials designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’
`EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually
`and collectively.
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`- 3 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 5 of 21 Page ID #:382
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`also be considered DESIGNATED MATERIAL and treated as such under
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`this Order.
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`4.
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`A designation of Protected Material
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`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED
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`“CONFIDENTIAL,”
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`(i.e.,
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`CONFIDENTIAL SOURCE CODE”) may be made at any time. Inadvertent
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`or unintentional production of documents, information or material that has
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`not been designated as DESIGNATED MATERIAL shall not be deemed a
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`waiver in whole or in part of a claim for confidential treatment. Any party
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`that inadvertently or unintentionally produces Protected Material without
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`designating it as DESIGNATED MATERIAL may request destruction of
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`that Protected Material by notifying the recipient(s), as soon as reasonably
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`possible after the producing Party becomes aware of the inadvertent or
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`unintentional disclosure, and providing replacement Protected Material that
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`is properly designated. The recipient(s) shall then destroy all copies of the
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`inadvertently or unintentionally produced Protected Materials and any
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`documents, information or material derived from or based thereon.
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`5.
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`“CONFIDENTIAL” documents, information and material may be disclosed
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`only to the following persons, except upon receipt of the prior written
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`consent of the designating party, upon order of the Court, or as set forth in
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`paragraph 12 herein:
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`- 4 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 6 of 21 Page ID #:383
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`6.
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`(a)
`(b)
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`(c)
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`(d)
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`(e)
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`outside counsel of record in this Action for the Parties;
`employees of such counsel assigned to and reasonably necessary to
`assist such counsel in the litigation of this Action;
`in-house counsel (attorneys or members of the legal staff or the
`intellectual property department of a Party or of a Party’s parents,
`subsidiaries, or commonly controlled companies) for the Parties who
`either have responsibility for making decisions dealing directly with
`the litigation of this Action, or who are assisting outside counsel in the
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`litigation of this Action;
`outside consultants or experts (i.e., not existing employees or affiliates
`of a Party or an affiliate of a Party) retained for the purpose of this
`litigation, provided that: (1) such consultants or experts are not
`presently employed by the Parties hereto or a competitor of a Party for
`purposes other than this Action, and are not anticipated at the time of
`retention to become an employee of the Parties or a competitor of a
`Party; (2) before access is given, the consultant or expert has
`completed the Undertaking attached as Exhibit A hereto and the same
`is served upon the producing Party with a current curriculum vitae of
`the consultant or expert at least ten (10) days before access to the
`Protected Material is to be given to that consultant or expert to object
`to and notify the receiving Party in writing that it objects to disclosure
`of Protected Material to the consultant or expert. The Parties agree to
`promptly confer and use good faith to resolve any such objection. If
`the Parties are unable to resolve any objection, the objecting Party may
`file a motion with the Court within fifteen (15) days of the notice, or
`within such other time as the Parties may agree, seeking a protective
`order with respect to the proposed disclosure. The objecting Party shall
`have the burden of proving the need for a protective order. No
`disclosure shall occur until all such objections are resolved by
`agreement or Court order;
`independent litigation support services, including persons working for
`or as court reporters, graphics or design services, jury or trial
`consulting services, and photocopy, document imaging, and database
`services retained by counsel and reasonably necessary to assist counsel
`with the litigation of this Action; and
`the Court and its personnel.
`(f)
`A Party
`shall designate documents,
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`information or material as
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`“CONFIDENTIAL” only upon a good faith belief that the documents,
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`information or material contains confidential or proprietary information or
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`trade secrets of the Party or a Third Party to whom the Party reasonably
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`believes it owes an obligation of confidentiality with respect to such
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`documents, information or material.
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`- 5 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 7 of 21 Page ID #:384
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`Documents, information or material produced pursuant to any discovery
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`request in this Action, including but not limited to Protected Material
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`designated as DESIGNATED MATERIAL, shall be used by the Parties only
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`in the litigation of this Action and shall not be used for any other purpose.
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`Any person or entity who obtains access to DESIGNATED MATERIAL or
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`the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries or descriptions of such DESIGNATED
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`MATERIAL or any portion thereof except as may be reasonably necessary in
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`the litigation of this Action. Any such copies, duplicates, extracts, summaries
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`or descriptions shall be classified DESIGNATED MATERIALS and subject
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`to all of the terms and conditions of this Order.
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`8.
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`To the extent a producing Party believes that certain Protected Material
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`qualifying to be designated CONFIDENTIAL is so sensitive that its
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`dissemination deserves even further limitation, the producing Party may
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`designate such Protected Material “RESTRICTED -- ATTORNEYS’ EYES
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`ONLY,” or to the extent such Protected Material includes computer source
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`code and/or live data (that is, data as it exists residing in a database or
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`databases) (“Source Code Material”), the producing Party may designate
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`such Protected Material as “RESTRICTED CONFIDENTIAL SOURCE
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`- 6 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`CODE.”
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 8 of 21 Page ID #:385
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`For Protected Material designated RESTRICTED -- ATTORNEYS’ EYES
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`ONLY, access to, and disclosure of, such Protected Material shall be limited
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`to individuals listed in paragraphs 5(a-b) and (d-f).
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`10. For Protected Material designated RESTRICTED CONFIDENTIAL
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`SOURCE CODE, the following additional restrictions apply:
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`(a) Access to a Party’s Source Code Material shall be provided only on
`“stand-alone” computer(s) (that is, the computer may not be linked to
`any network, including a local area network (“LAN”), an intranet or
`the Internet). Prior to such inspection, the receiving Party shall provide
`thirty (30) days notice of the Source Code Material is wishes to
`inspect. All persons who will inspect Source Code Material must be
`identified to the producing Party at least five (5) days before the
`inspection. Additionally, the stand-alone computer(s) may only be
`located at the offices of the producing Party’s outside counsel;
`(b) The receiving Party shall make reasonable efforts to restrict its
`requests for such access to the stand-along computer(s) to normal
`business hours, which for purposes of this paragraph shall be 8:00 a.m.
`through 6:00 p.m. However, upon reasonable notice from the receiving
`party,
`the producing Party shall make reasonable efforts
`to
`accommodate the receiving Party’s request for access to the stand-
`alone computer(s) outside of normal business hours. The Parties agree
`to cooperate in good faith such that maintaining the producing Party’s
`Source Code Material at the offices of its outside counsel shall not
`unreasonably hinder the receiving Party’s ability to efficiently and
`effectively conduct the prosecution or defense of this Action;
`(c) The producing Party shall provide the receiving Party with information
`explaining how to start, log on to, and operate the stand-alone
`computer(s) in order to access the produced Source Code Material on
`the stand-alone computer(s);
`(d) The producing Party will produce Source Code Material in computer
`searchable format on the stand-alone computer(s) as described above;
`(e) Access
`to
`Protected Material
`designated RESTRICTED
`CONFIDENTIAL -SOURCE CODE shall be limited to outside
`counsel and up to three (3) outside consultants or experts2 (i.e., not
`existing employees or affiliates of a Party or an affiliate of a Party)
`retained for the purpose of this litigation and approved to access such
`Protected Materials pursuant to paragraph 5(d) above. A receiving
`Party may include excerpts of Source Code Material in a pleading,
`exhibit, expert report, discovery document, deposition transcript, or
`other Court document (“Source Code Documents”), provided that the
`Source Code Documents are appropriately marked under this Order,
`restricted to those who are entitled to have access to them as specified
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`- 7 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 9 of 21 Page ID #:386
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`(f)
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`herein, and, if filed with the Court, filed under seal in accordance with
`the Court’s rules, procedures and orders;
`To the extent portions of Source Code Material are quoted or
`referenced in any way in a Source Code Document, either (1) the
`entire Source Code Document will be stamped and treated as
`RESTRICTED CONFIDENTIAL SOURCE CODE or (2) those pages
`containing quoted or referencing Source Code Material will be
`separately stamped and treated as RESTRICTED CONFIDENTIAL
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`SOURCE CODE;
`(g) No electronic copies of Source Code Material shall be made without
`prior written consent of the producing Party, except as necessary to
`create documents which, pursuant to the Court’s rules, procedures and
`order, must be filed or served electronically;
`(h) The receiving Party shall be permitted to request printing of not more
`than ten (10) pages of a continuous block of Source Code Material and
`not more than an aggregate total of three hundred (300) pages of
`Source Code Material, all of which shall be designated and clearly
`labeled “RESTRICTED CONFIDENTIAL SOURCE CODE,” and the
`receiving Party shall maintain a log of all such files that are printed or
`photocopied;
`If the receiving Party’s outside counsel, consultants, or experts obtain
`printouts or photocopies of Source Code Material, the receiving Party
`shall ensure that such outside counsel, consultants, or experts keep the
`printouts or photocopies in a secured locked area in the offices of such
`outside counsel, consultants, or expert. The receiving Party may also
`temporarily keep the printouts or photocopies at: (i) the Court for any
`proceedings(s) relating to the Source Code Material, for the dates
`associated with the proceeding(s); (ii) the sites where any deposition(s)
`relating to the Source Code Material are taken, for the dates associated
`with the deposition(s); and (iii) any intermediate location reasonably
`necessary to transport the printouts or photocopies (e.g., a hotel prior
`to a Court proceeding or deposition); and
`(k) A producing Party’s Source Code Material may only be transported by
`the receiving Party at the direction of a person authorized under
`paragraph 10(e) above to another person authorized under paragraph
`10(e) above on paper via hand carry, Federal Express or other
`similarly reliable courier. Source Code Material may not be
`transported or transmitted electronically over a network of any kind,
`including a LAN, an intranet, or the Internet.
`11. Any attorney representing Plaintiff, whether in-house or outside counsel, and
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`(j)
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`any person associated with Plaintiff and permitted to receive the other Party’s
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`Protected Material that is designated CONFIDENTIAL, RESTRICTED --
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`ATTORNEYS’ EYES ONLY and/or RESTRICTED CONFIDENTIAL
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`SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”), who
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`- 8 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 10 of 21 Page ID
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`obtains, receives, has access to, or otherwise learns, in whole or in part, the
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`other Party’s HIGHLY SENSITIVE MATERIAL under this Order shall not
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`prepare, prosecute, supervise, or assist in the preparation or prosecution of
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`any patent application pertaining to the field of the invention of the patents-
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`in-suit on behalf of the Plaintiff or its acquirer, successor, predecessor, or
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`other affiliate during the pendency of this Action and for one year after its
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`conclusion, including any appeals. To ensure compliance with the purpose of
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`this provision, Plaintiff shall create an “Ethical Wall” between those persons
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`with access to HIGHLY SENSITIVE MATERIAL and any individuals who,
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`on behalf of Plaintiff or its acquirer, successor, predecessor, or other affiliate,
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`prepare, prosecute, supervise or assist in the preparation or prosecution of
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`any patent application pertaining to the field of invention of the patent-in-
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`suit. The term “prosecution” shall include preparing, drafting, reviewing,
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`signing, or filing of, or rendering any advice or counsel on, any papers
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`submitted to the U.S. Patent and Trademark Office or any foreign patent
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`office, participating in any interviews with, or making any declarations to,
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`the U.S. Patent and Trademark Office or any foreign patent office, or
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`assisting in, or supervising, any of the above-mentioned activities. The term
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`“patent application” shall include provisional and non-provisional patent
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`applications, continuations, continuations-in-part, and divisional applications,
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`- 9 -
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`CASE NO. CV 14-03113 JAK(JEMX)
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 11 of 21 Page ID
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`reissues and reexamination proceedings, inter partes reviews, and any foreign
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`application proceedings for patents, utility models or similar rights.
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`12. Nothing in this Order shall require production of documents, information or
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`other material that a Party contends is protected from disclosure by the
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`attorney-client privilege, the work product doctrine, or other privilege,
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`doctrine, or immunity. If documents, information or other material subject to
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`a claim of attorney-client privilege, work product doctrine, or other privilege,
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`doctrine, or immunity is inadvertently or unintentionally produced, such
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`production shall in no way prejudice or otherwise constitute a waiver of, or
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`estoppel as to, any such privilege, doctrine, or immunity. Any Party that
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`inadvertently or unintentionally produces documents, information or other
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`material it reasonably believes are protected under the attorney-client
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`privilege, work product doctrine, or other privilege, doctrine, or immunity
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`may obtain the return of such documents, information or other material by
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`promptly notifying the recipient(s) and providing a privilege log for the
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`inadvertently or unintentionally produced documents, information or other
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`material. The recipient(s) shall gather and return all copies of such
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`documents, information or other material to the producing Party, except for
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`any pages containing privileged or otherwise protected markings by the
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 12 of 21 Page ID
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`recipient(s), which pages shall instead be destroyed and certified as such to
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`the producing Party.
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`13. There shall be no disclosure of any DESIGNATED MATERIAL by any
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`person authorized to have access thereto to any person who is not authorized
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`for such access under this Order. The Parties are hereby ORDERED to
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`safeguard all such documents, information and material to protect against
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`disclosure
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`to any unauthorized persons or entities.
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`In
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`the event
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`DESIGNATED MATERIAL is disclosed to an unauthorized person or entity,
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`the Party responsible for such unauthorized disclosure shall immediately
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`notify the producing Party and provide the producing Party with all known
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`relevant information concerning the disclosure. The Party responsible for the
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`unauthorized disclosure shall promptly take all reasonable measures to
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`retrieve improperly disclosed DESIGNATED MATERIAL and to ensure no
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`further unauthorized disclosure is made.
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`14. Nothing contained herein shall be construed to prejudice any Party’s right to
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`use any DESIGNATED MATERIAL in taking testimony at any deposition
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`or hearing provided that the DESIGNATED MATERIAL is only disclosed to
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`a person(s) who is: (i) eligible to have access to the DESIGNATED
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`MATERIAL by virtue of his or her employment with the designating party,
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`(ii) identified in the DESIGNATED MATERIAL as an author, addressee, or
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 13 of 21 Page ID
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`copy recipient of such information, (iii) although not identified as an author,
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`addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the
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`ordinary course of business, seen such DESIGNATED MATERIAL, (iv)
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`counsel for a Party, including outside counsel and in-house counsel (subject
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`to paragraph 9 of this Order); (v) an independent contractor, consultant,
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`and/or expert retained for the purpose of this litigation (subject to paragraph
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`5(d) of this Order); (vii) court reporters and videographers; (viii) the Court;
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`or (ix) other persons entitled hereunder to access to DESIGNATED
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`MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any
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`other persons unless prior authorization
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`is obtained from counsel
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`representing the producing Party or from the Court.
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`15. Parties may, at the deposition or hearing or within thirty (30) days after
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`receipt of a deposition or hearing transcript, designate the deposition or
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`hearing
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`transcript or any portion
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`thereof as “CONFIDENTIAL,”
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`“RESTRICTED - ATTORNEY’ EYES ONLY,” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE” pursuant to this Order. Access to the
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`deposition or hearing transcript so designated shall be limited in accordance
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`with the terms of this Order. Until expiration of the 30-day period, the entire
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`deposition or hearing transcript shall be treated as RESTRICTED -
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`ATTORNEY’ EYES ONLY.
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 14 of 21 Page ID
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`16. Any DESIGNATED MATERIAL that is filed with the Court shall be filed
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`under seal and shall remain under seal until further order of the Court. The
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`filing party shall be responsible for informing the Clerk of the Court that the
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`filing should be sealed and for placing the legend “FILED UNDER SEAL
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`PURSUANT TO PROTECTIVE ORDER” above
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`the caption and
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`conspicuously on each page of the filing. Exhibits to a filing shall conform to
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`the labeling requirements set forth in this Order. If a pretrial pleading filed
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`with the Court, or an exhibit thereto, discloses or relies on confidential
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`documents, information or material, such confidential portions shall be
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`redacted to the extent necessary and the pleading or exhibit filed publicly
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`with the Court.
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`17. The Order applies to pretrial discovery. Nothing in this Order shall be
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`deemed to prevent the Parties from introducing any DESIGNATED
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`MATERIAL into evidence at the trial of this Action, or from using any
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`information contained in DESIGNATED MATERIAL at the trial of this
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`Action, subject to any pretrial order issued by this Court.
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`18. A Party may request in writing to the other Party that the designation given to
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`any DESIGNATED MATERIAL be modified or withdrawn. If the
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`designating Party does not agree to redesignation within ten (10) days of
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`receipt of the written request, the requesting Party may apply to the Court for
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 15 of 21 Page ID
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`relief. Upon any such application to the Court, the burden shall be on the
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`designating Party to show why its classification is proper. Such application
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`shall be treated procedurally as a motion to compel pursuant to Federal Rules
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`of Civil Procedure 37, subject to the Rule’s provisions relating to sanctions.
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`In making such application, the requirements of the Federal Rules of Civil
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`Procedure and the Local Rules of the Court shall be met. Pending the Court’s
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`determination of the application, the designation of the designating Party
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`shall be maintained.
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`19. Each outside consultant or expert to whom DESIGNATED MATERIAL is
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`disclosed in accordance with the terms of this Order shall be advised by
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`counsel of the terms of this Order, shall be informed that he or she is subject
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`to the terms and conditions of this Order, and shall sign an acknowledgment
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`that he or she has received a copy of, has read, and has agreed to be bound by
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`this Order. A copy of the acknowledgment form is attached as Appendix A.
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`20. To the extent that any discovery is taken of persons who are not Parties to
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`this Action (“Third Parties”) and in the event that such Third Parties
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`contended the discovery sought involves trade secrets, confidential business
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`information, or other proprietary information, then such Third Parties may
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`agree to be bound by this Order.
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 16 of 21 Page ID
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`21. To the extent that discovery or testimony is taken of Third Parties, the Third
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`Parties may designate as “CONFIDENTIAL” or “RESTRICTED --
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`ATTORNEYS’ EYES ONLY” any documents, information or other
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`material, in whole or in part, produced or give by such Third Parties. The
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`Third Parties shall have ten (10) days after production of such documents,
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`information or other materials to make such a designation. Until that time
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`period lapses or until such a designation has been made, whichever occurs
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`sooner, all documents, information or other material so produced or given
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`shall be treated as “CONFIDENTIAL” in accordance with this Order.
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`22. Within thirty (30) days of final termination of this Action, including any
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`appeals, all DESIGNATED MATERIAL, including all copies, duplicates,
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`abstracts, indexes, summaries, descriptions, and excerpts or extracts thereof
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`(excluding excerpts or extracts incorporated into any privileged memoranda
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`of the Parties and materials which have been admitted into evidence in this
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`Action), shall at the receiving Party’s election either be returned to the
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`producing Party or be destroyed. The receiving Party shall verify the return
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`or destruction by affidavit furnished to the producing Party, upon the
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`producing Party’s request.
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`23. The failure to designate documents, information or material in accordance
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`with this Order and the failure to object to a designation at a given time shall
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 17 of 21 Page ID
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`not preclude the filing of a motion at a later date seeking to impose such
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`designation or challenging the propriety thereof. The entry of this Order
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`and/or the production of documents, information and material hereunder shall
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`in no way constitute a waiver of any objection to the furnishing thereof, all
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`such objections being hereby preserved.
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`24. Any Party knowing or believing that any other party is in violation of or
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`intends to violate this Order and has raised the question of violation or
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`potential violation with the opposing party and has been unable to resolve the
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`matter by agreement may move the Court for such relief as may be
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`appropriate in the circumstances. Pending disposition of the motion by the
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`Court, the Party alleged to be in violation of or intending to violate this Order
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`shall discontinue the performance of and/or shall not undertake the further
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`performance of any action alleged to constitute a violation of this Order.
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`25. Production of DESIGNATED MATERIAL by each of the Parties shall not
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`be deemed a publication of the documents, information and material (or the
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`contents thereof) produced so as to void or make voidable whatever claim the
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`Parties may have as to the proprietary and confidential nature of the
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`documents, information or other material or its contents.
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`Case 2:14-cv-03113-JAK-JEM Document 39-3 Filed 09/05/14 Page 18 of 21 Page ID
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`26. Nothing in this Order shall be construed to effect an abrogation, waiver or
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`limitation of any kind on