Case 8:19-cv-01150-DOC-KES Document 80 Filed 12/15/20 Page 1 of 23 Page ID #:1360
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`UNITED STATES DISTRICT COURT
`CENTRAL OF CALIFORNIA
`SANTA ANA DIVISION
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` Case No. 8:19-cv-01150-DOC-KES
`(Lead Case)
`
`ORDER RE STIPULATED
`PROTECTIVE ORDER
`[Discovery Document: Referred to
`Magistrate Judge Karen E. Scott]
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`UNILOC 2017 LLC,
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`Plaintiff,
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`v.
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`INFOR, INC.,
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`Defendant.
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`UNILOC 2017 LLC,
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`Plaintiff,
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`v.
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`NETSUITE INC.,
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`Defendant.
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`UNILOC 2017 LLC,
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`Plaintiff,
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`v.
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`SQUARE ENIX, INC., and
`SQUARE ENIX LLC,
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`Defendant.
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`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`Case 8:19-cv-01150-DOC-KES Document 80 Filed 12/15/20 Page 2 of 23 Page ID #:1361
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`UNILOC 2017 LLC,
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`Plaintiff,
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`v.
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`UBISOFT, INC.,
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`Defendant.
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`UNILOC 2017 LLC,
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`Plaintiff,
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`v.
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`SQUARE ENIX HOLDINGS CO. LTD.,
`and
`SQUARE ENIX CO., LTD.,
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`Defendant.
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`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`Case 8:19-cv-01150-DOC-KES Document 80 Filed 12/15/20 Page 3 of 23 Page ID #:1362
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`It is hereby stipulated by the parties that the Court enter the following Order
`protecting confidentiality of both party and non-party information to be disclosed in
`this litigation, with Uniloc and Square Enix to separately address one issue with the
`Court, to the extent necessary, as outlined in footnote 1 to this Order.
`GOOD CAUSE STATEMENT:
`This action is likely to involve information about sensitive products and/or
`services, proprietary design and development materials of products and/or services,
`source code, strategic decision-making information, marketing and sales information,
`and/or proprietary information for which special protection from public disclosure and
`dissemination and from use for any purpose other than prosecution of this action is
`warranted. Such confidential and proprietary materials and information consist of,
`among other things, confidential business or financial information, information
`regarding confidential business practices, or other confidential research, development,
`or commercial information (including information implicating confidentiality and
`privacy rights of third parties), information otherwise generally unavailable to the
`public, or which may be privileged or otherwise protected from disclosure under state
`or federal statutes, court rules, case decisions, or common law. Accordingly, to
`expedite the flow of information, to facilitate the prompt resolution of disputes over
`confidentiality of discovery materials, to adequately protect information the parties are
`entitled to keep confidential, to ensure that the parties are permitted reasonable
`necessary uses of such material in preparation for and in the conduct of trial, to address
`their handling at the end of the litigation, and serve the ends of justice, a protective
`order for such information is justified in this matter. It is the intent of the parties that
`information will not be designated as confidential for tactical reasons and that nothing
`be so designated without a good faith belief that it has been maintained in a
`confidential, non-public manner, and there is good cause why it should not be part of
`the public record of this case.
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`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
`1
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`1.
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`PURPOSES AND LIMITATIONS
`Disclosure and discovery activity in this action are likely to involve production
`of confidential, proprietary, or private information for which special protection from
`public disclosure and from use for any purpose other than prosecuting this litigation
`may be warranted. This Order does not confer blanket protections on all disclosures
`or responses to discovery and the protection it affords from public disclosure and use
`extends only to the limited information or items that are entitled to confidential
`treatment under the applicable legal principles and Civil Local Rules. As set forth in
`paragraph 13.3 below, this Protective Order does not by itself entitle the Parties to file
`confidential information under seal; Civil Local Rule 79-5 sets forth the procedures
`that must be followed and the standards that will be applied when a party seeks
`permission from the Court to file material under seal.
`2.
`DEFINITIONS
`2.1 Challenging Party: a Party or Non-Party that challenges the designation
`of information or items under this Order.
`2.2
`“CONFIDENTIAL” Information or Items: information (regardless of how
`it is generated, stored or maintained) or tangible things that qualify for protection under
`Federal Rule of Civil Procedure 26(c).
`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
`that
`it produces
`in disclosures or
`in
`responses
`to discovery as
`items
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
`2.5 Disclosure or Discovery Material: all items or information, regardless of
`the medium or manner in which it is generated, stored, or maintained (including, among
`other things, testimony, transcripts, and tangible things), that are produced or generated
`in disclosures or responses to discovery in this matter.
`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`2
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`2.6 Expert: a person with specialized knowledge or experience in a matter
`pertinent to the litigation who (1) has been retained by a Party or its Counsel to serve
`as an expert witness or as a consultant in this action, (2) is not a past or current
`employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not
`anticipated to become an employee of a Party or of a Party’s competitor.
`2.7
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`Information or Items: extremely sensitive “CONFIDENTIAL” information or items,
`disclosure of which to another Party or Non-Party would create a substantial risk of
`serious harm that could not be avoided by less restrictive means.
`2.8
`“HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items:
`extremely sensitive “CONFIDENTIAL” information or items representing computer
`code and associated comments and revision histories, formulas, engineering
`specifications, or schematics that define or otherwise describe in detail the algorithms
`or structure of software or hardware designs, disclosure of which to another Party or
`Non-Party would create a substantial risk of serious harm that could not be avoided by
`less restrictive means.
`2.9 House Counsel: attorneys for the Parties that have responsibility for
`making decisions dealing directly with the litigation of this action. House Counsel does
`not include Outside Counsel of Record or any other outside counsel.1
`2.10 Non-Party: any natural person, partnership, corporation, association, or
`other legal entity not named as a Party to this action.
`2.11 Outside Counsel of Record: attorneys who are not employees of a Party
`to this action but are retained to represent or advise a Party to this action and have
`
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`1 The parties have one dispute concerning the inclusion of non-attorney, equivalent
`personnel in the definition of “House Counsel” that the parties are continuing to discuss
`and will separately address via the Local Rules and Magistrate Judge Scott’s
`procedures, to the extent necessary. However, in the interest of not having the lack of
`a Protective Order impede discovery and so that the parties can produce confidential
`information with adequate protections in place, the parties have stipulated to entry of
`this Protective Order.
`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`3
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`appeared in this action on behalf of that Party or are affiliated with a law firm which
`has appeared on behalf of that Party.
`2.12 Party: any party to this action, including all of its officers, directors,
`employees, consultants, retained experts, and Outside Counsel of Record (and their
`support staffs).
`2.13 Producing Party: a Party or Non-Party that produces Disclosure or
`Discovery Material in this action.
`2.14 Professional Vendors: persons or entities that provide litigation support
`services (e.g., photocopying, videotaping,
`translating, preparing exhibits or
`demonstrations, and organizing, storing, or retrieving data in any form or medium) and
`their employees and subcontractors.
`2.15 Protected Material: any Disclosure or Discovery Material that is
`designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” or as “HIGHLY CONFIDENTIAL – SOURCE
`CODE.”
`2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
`from a Producing Party.
` 3.
`SCOPE
`The protections conferred by this Order cover not only Protected Material (as
`defined above), but also (1) any information copied or extracted from Protected
`Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
`and (3) any testimony, conversations, or presentations by Parties or their Counsel that
`might reveal Protected Material. However, the protections conferred by this Order do
`not cover the following information: (a) any information that is in the public domain at
`the time of disclosure to a Receiving Party, or that becomes part of the public domain
`after its disclosure to a Receiving Party as a result of publication not involving a
`violation of this Order, including becoming part of the public record through trial or
`otherwise; and (b) any information known to the Receiving Party prior to the disclosure
`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`or obtained by the Receiving Party after the disclosure from a source who obtained the
`information lawfully and under no obligation of confidentiality to the Designating
`Party. Any use of Protected Material at trial shall be governed by a separate agreement
`or order.
`4.
`DURATION
`Even after final disposition of this litigation, the confidentiality obligations
`imposed by this Order shall remain in effect until a Designating Party agrees in writing
`to remove the confidentiality designation or a court order otherwise directs. Final
`disposition shall be deemed to be the later of (1) dismissal of all claims and defenses
`in this action, with or without prejudice; and (2) final judgment herein after the
`completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
`action, including the time limits for filing any motions or applications for extension of
`time pursuant to applicable law. The Court will retain jurisdiction over disputes arising
`from this Protective Order for ninety days after final disposition, as defined in the
`preceding sentence.
`5.
`DESIGNATING PROTECTED MATERIAL
`5.1 Exercise of Restraint and Care in Designating Material for Protection.
`Each Party or Non-Party that designates information or items for protection under this
`Order must take care to limit any such designation to specific material that of this
`Order.
`Mass, indiscriminate, or routinized designations are prohibited. Designations
`that are shown to be clearly unjustified or that have been made for an improper purpose
`(e.g., to unnecessarily encumber or retard the case development process or to impose
`unnecessary expenses and burdens on other parties) expose the Designating Party to
`sanctions.
`If it comes to a Designating Party’s attention that information or items that it
`designated for protection do not qualify for protection at all or do not qualify for the
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`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`level of protection initially asserted, that Designating Party must promptly notify all
`Receiving Parties that it is withdrawing the designation.
`5.2 Manner and Timing of Designations. Except as otherwise provided in this
`Order (see, e.g., second paragraph of 5.2(a) below), or as otherwise stipulated or
`ordered, Disclosure or Discovery Material that qualifies for protection under this Order
`must be clearly so designated before the material is disclosed or produced.
`Designation in conformity with this Order requires:
`(a) for information in documentary form (e.g., paper or electronic
`documents, but excluding transcripts of depositions or other pretrial or trial
`proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
`CONFIDENTIAL – SOURCE CODE” to each page that contains protected material.
`If only a portion or portions of the material on a page qualifies for protection, the
`Producing Party also must clearly identify the protected portion(s) (e.g., by making
`appropriate markings in the margins) and must specify, for each portion, the level of
`protection being asserted.
`A Party or Non-Party that makes original documents or materials available for
`inspection need not designate them for protection until after the inspecting Party has
`indicated which material it would like copied and produced. During the inspection and
`before the designation, all of the material made available for inspection shall be deemed
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting
`Party has identified the documents it wants copied and produced, the Producing Party
`must determine which documents, or portions thereof, qualify for protection under this
`Order. Then, before producing the specified documents, the Producing Party must affix
`the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE”)
`to each page that contains Protected Material. If only a portion or portions of the
`material on a page qualifies for protection, the Producing Party also must clearly
`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`identify the protected portion(s) (e.g., by making appropriate markings in the margins)
`and must specify, for each portion, the level of protection being asserted.
`(b) for testimony given in deposition or in other pretrial or trial
`proceedings, that the Designating Party identifies on the record, before the close of the
`deposition, hearing, or other proceeding, all protected testimony and specify the level
`of protection being asserted. When it is impractical to identify separately each portion
`of testimony that is entitled to protection and it appears that substantial portions of the
`testimony may qualify for protection, the Designating Party may invoke on the record
`(before the deposition, hearing, or other proceeding is concluded) a right to have up to
`21 days to identify the specific portions of the testimony as to which protection is
`sought and to specify the level of protection being asserted. Only those portions of the
`testimony that are appropriately designated for protection within the 21 days shall be
`covered by the provisions of this Stipulated Protective Order. Alternatively, a
`Designating Party may specify, at the deposition or up to 21 days afterwards if that
`period
`is properly
`invoked,
`that
`the entire
`transcript shall be
`treated as
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY.”
`Parties shall give the other Parties notice if they reasonably expect a deposition,
`hearing or other proceeding to include Protected Material so that the other Parties can
`ensure that only authorized individuals who have signed the “Acknowledgment and
`Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a
`document as an exhibit at a deposition shall not in any way affect its designation as
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY.”
`Transcripts containing Protected Material shall have an obvious legend on the
`title page that the transcript contains Protected Material, and the title page shall be
`followed by a list of all pages (including line numbers as appropriate) that have been
`designated as Protected Material and the level of protection being asserted by the
`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`Designating Party. The Designating Party shall inform the court reporter of these
`requirements. Any transcript that is prepared before the expiration of a 21-day period
`for designation (whether the 21-day period is specifically invoked or not) shall be
`treated during that period as if it had been designated “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the
`expiration of that period, the transcript shall be treated only as actually designated.
`(c) for information produced in some form other than documentary and
`for any other tangible items, that the Producing Party affix in a prominent place on the
`exterior of the container or containers in which the information or item is stored the
`legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” If only a portion or
`portions of the information or item warrant protection, the Producing Party, to the
`extent practicable, shall identify the protected portion(s) and specify the level of
`protection being asserted.
`5.3
`Inadvertent Failures to Designate. If timely corrected, an inadvertent
`failure to designate qualified information or items does not, standing alone, waive the
`Designating Party’s right to secure protection under this Order for such material. Upon
`timely correction of a designation, the Receiving Party must make reasonable efforts
`to assure that the material is treated in accordance with the provisions of this Order.
`6.
`CHALLENGING CONFIDENTIALITY DESIGNATIONS
`6.1 Timing of Challenges. Any Party or Non-Party may challenge a
`designation of confidentiality at any time. Unless a prompt challenge to a Designating
`Party’s confidentiality designation is necessary to avoid foreseeable, substantial
`unfairness, unnecessary economic burdens, or a significant disruption or delay of the
`litigation, a Party does not waive its right to challenge a confidentiality designation by
`electing not to mount a challenge promptly after the original designation is disclosed.
`6.2 Conference Process. The Challenging Party shall initiate the dispute
`resolution process by providing written notice of each designation it is challenging and
`STIPULATED PROTECTIVE ORDER
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`CASE NO. 19-cv-01150-DOC-KES
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`describing the basis for each challenge. To avoid ambiguity as to whether a challenge
`has been made, the written notice must recite that the challenge to confidentiality is
`being made in accordance with this specific paragraph of the Protective Order. The
`parties shall attempt to resolve each challenge in good faith and must begin the process
`by conferring directly (in voice-to-voice dialogue; other forms of communication are
`not sufficient) within 14 days of the date of service of notice. In conferring, the
`Challenging Party must explain the basis for its belief that the confidentiality
`designation was not proper and must give the Designating Party an opportunity to
`review the designated material, to reconsider the circumstances, and, if no change in
`designation is offered, to explain the basis for the chosen designation. A Challenging
`Party may proceed to the next stage of the challenge process only if (1) it has engaged
`in this conference process first, or (2) establishes that the Designating Party is unwilling
`to participate in the conference process in a timely manner.
`6.3
`Judicial Intervention. If the parties cannot resolve a challenge without
`court intervention, the Designating Party shall file and serve a motion to retain
`confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-
`5, if applicable) within 21 days of the initial notice of challenge or within 14 days of
`the parties agreeing that the conference process will not resolve their dispute,
`whichever is earlier. In addition, the Challenging Party may file a motion challenging
`a confidentiality designation at any time, including a challenge to the designation of a
`deposition transcript or any portions thereof. Any motion brought pursuant to this
`provision, must be accompanied by a competent declaration affirming that the movant
`has complied with the conference requirements imposed by the preceding paragraph.
`The burden of persuasion in any such challenge proceeding shall be on the
`Designating Party. The Court may award sanctions against the Challenging Party for
`pursuing frivolous challenges or those made for an improper purpose (e.g., to harass or
`impose unnecessary expenses and burdens on other parties). Unless the Designating
`Party has waived the confidentiality designation by failing to file a motion to retain
`STIPULATED PROTECTIVE ORDER
`
`CASE NO. 19-cv-01150-DOC-KES
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`confidentiality as described above, all parties shall continue to afford the material in
`question the level of protection to which it is entitled under the Producing Party’s
`designation until the Court rules on the challenge.
`7.
`ACCESS TO AND USE OF PROTECTED MATERIAL
`7.1 Basic Principles. A Receiving Party may use Protected Material that is
`disclosed or produced by another Party or by a Non-Party in connection with this case
`only for prosecuting, defending, or attempting to settle this litigation. Such Protected
`Material may be disclosed only to the categories of persons and under the conditions
`described in this Order. When the litigation has been terminated, a Receiving Party
`must comply with the provisions of paragraph 14 below (FINAL DISPOSITION).
`Protected Material must be stored and maintained by a Receiving Party at a
`location and in a secure manner that ensures that access is limited to the persons
`authorized under this Order.
`7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
`otherwise ordered by the Court or permitted in writing by the Designating Party, a
`Receiving Party may disclose any information or item designated “CONFIDENTIAL”
`only to:
`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
`employees of said Outside Counsel of Record to whom disclosure is reasonably
`necessary for this litigation;
`(b) House Counsel of the Receiving Party to whom disclosure is reasonably
`necessary for this litigation;
`
`(c) Experts (as defined in this Order) of the Receiving Party (1) to whom
`disclosure is reasonably necessary for this litigation, (2) who have signed the
`“Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the
`procedures set forth in paragraph 7.4, below, have been followed, as well as employees
`of said Experts to whom disclosure is reasonably necessary for this litigation;
`
`STIPULATED PROTECTIVE ORDER
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`
`
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`CASE NO. 19-cv-01150-DOC-KES
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`(d) the Court and its personnel;
`(e) court reporters and their staff, professional jury or trial consultants,
`interpreters or translators, and Professional Vendors to whom disclosure is reasonably
`necessary for this litigation;
`(f) during their depositions, witnesses in the action for the Designating Party or
`the Producing Party (not the Receiving Party), including former employees whom
`Receiving Party has a belief had access to the information during their employment
`with the Designating Party or the Producing Party; and
`(g) the author or recipient appearing on the face 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
`ONLY” and “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items.
`Unless otherwise ordered by the Court or permitted in writing by the Designating Party,
`a Receiving Party may disclose any information or item designated “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL
`– SOURCE CODE” only to:
`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to
`disclose the information for this litigation;2
`(b) Experts of the Receiving Party (1) to whom disclosure is reasonably
`necessary for this litigation, (2) who have signed the “Acknowledgment and
`Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in
`paragraph 7.4, below, have been followed, as well as employees of said Experts to
`whom disclosure is reasonably necessary for this litigation;
`(c) the court and its personnel;
`
`2 This Order contemplates that House Counsel shall not have access to any information
`or items designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
`STIPULATED PROTECTIVE ORDER
`
`CASE NO. 19-cv-01150-DOC-KES
`
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`(d) court reporters and their staff, professional jury or trial consultants,
`interpreters or translators, and Professional Vendors to whom disclosure is reasonably
`necessary for this litigation;
`(e) during their depositions, witnesses in the action for the Designating Party or
`the Producing Party (not the Receiving Party), including former employees whom
`Receiving Party has a good-faith belief had access to the information during their
`employment with the Designating Party or the Producing Party;
`(f) the author or recipients appearing on the face of a document containing the
`information or a custodian or other person who otherwise possessed or knew the
`information.
`to Disclosure of
`for Approving or Objecting
`7.4 Procedures
`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items to
`Experts.
` (a) Unless otherwise ordered by the Court or agreed to in writing by the
`Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order)
`any information or item that has been designated “CONFIDENTIAL,” “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL
`– SOURCE CODE” pursuant to paragraph 7.2 or 7.3 first must make a written request
`to the Designating Party that (1) sets forth the full name of the Expert and the city and
`state of his or her primary residence, (2) attaches a copy of the Expert’s current resume
`and the “Acknowledgement and Agreement to be Bound,” (3) identifies the Expert’s
`current employer(s), (4) identifies each person or entity from whom the Expert has
`received compensation or funding for work in his or her areas of expertise or to whom
`the expert has provided professional services, including in connection with a litigation,
`at any time during the preceding five years,3 and (5) identifies (by name and number
`
`3 If the Expert believes any of this information is subject to a confidentiality obligation
`to a Non-Party, then the Expert should provide whatever information the Expert
`believes can be disclosed without violating any confidentiality agreements, and the
`STIPULATED PROTECTIVE ORDER
`
`CASE NO. 19-cv-01150-DOC-KES
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`of the case, filing date, and location of court) any litigation in connection with which
`the Expert has offered expert testimony, including through a declaration, report, or
`testimony at a deposition or trial, during the preceding five years.
`(b) A Party that makes a request and provides the information specified in the
`preceding respective paragraphs may disclose the subject Protected Material to the
`identified Expert unless, within 7 days of delivering the request, the Party receives a
`written objection from the Designating Party. Any such objection must set forth in
`detail the grounds on which it is based.
`(c) A Party that receives a timely written objection must meet and confer with
`the Designating Party (through direct voice-to-voice dialogue) to try to resolve the
`matter by agreement within 7 days of the written objection. If no agreement is reached,
`the Party challenging the disclosure to the Expert may file a motion as provided in Civil
`Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable). Any such
`motion must describe the circumstances with specificity, set forth in detail the reasons
`why disclosure to the Expert would likely result in harm to the movant, and suggest
`any additional means that could be used to reduce that risk. In addition, any such
`motion must be accompanied by a competent declaration describing the parties’ efforts
`to resolve the matter by agreement (i.e., the extent and the content of the conference
`discussions) and setting forth the reasons advanced by the Designating Party for its
`refusal to approve the disclosure.
`In any such proceeding, the Party opposing disclosure to the Expert shall bear
`the burden of proving that the risk of harm that the disclosure would entail (under the
`safeguards proposed) outweighs the Receiving Party’s need to disclose the Protected
`Material to its Expert.
`
`
`Party seeking to disclose to the Expert shall be available to meet and confer with the
`Designating Party regarding any such engagement.
`STIPULATED PROTECTIVE ORDER
`
`CASE NO. 19-cv-01150-DOC-KES
`
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`8.
`
`SOURCE CODE
`(a) To the extent production of source code becomes necessary in this
`case, a Producing Party may designate source code as “HIGHLY CONFIDENTIAL –
`SOURCE CODE” if it comprises or includes confidential, proprietary or trade secret
`source code.
`Protected Material designated as “HIGHLY CONFIDENTIAL –
`(b)
`SOURCE CODE” shall be subject to all of the protections afforded to “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information, and may be disclosed
`only to the individuals to whom “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” information may be disclosed, as set forth in par