PAUL L. ABRAMS, Magistrate Judge.
Pursuant to Fed. R. Civ. P. 26(c), Plaintiff Activision Publishing, Inc. ("Activision"), and Defendants, Worlds, Inc. and Worlds Online, Inc. (collectively "Worlds"), (collectively, the "parties"), by and through their respective undersigned counsel, hereby stipulate and agree to the request for, and entry of, the following Protective Order.
1.1 Disclosure and discovery activity in this action are likely to involve production of trade secrets or other confidential research, development, commercial, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than this litigation is warranted. Accordingly, the parties hereby stipulate to and request that the Court enter the following First Stipulated Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure.
1.2 The parties believe that good cause exists for the entry of this Order because Protected Material (as defined below) constitutes trade-secret or other confidential or proprietary information, the disclosure of which is likely to have the effect of harming the competitive position of the Designating Party (as defined below) or violating an obligation of confidentiality owed to a third party.
1.3 Protected Material designated under the terms of this Order shall be used by a Receiving Party (as defined below) solely for this litigation and shall not be used directly or indirectly for any other purpose whatsoever, and its disclosure is prohibited except as expressly provided in this Order.
1.4 The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery. Designations of confidentiality shall be made with care and shall not be made absent a good faith belief that the Protected Material satisfies the criteria set forth below for each category.
A. This Order shall govern any record of information, designated pursuant to ¶ 3 of this Order, produced in this action, including all designated deposition testimony, all designated testimony taken at a hearing or other proceeding, all designated interrogatory answers, documents and other discovery materials, whether produced informally or in response to interrogatories, requests for admissions, requests for production of documents or other formal method of discovery.
B. This Order shall also govern any designated record of information produced in this action pursuant to required disclosures under any federal procedural rule or United States District Court for the District of Massachusetts Local Rule or judge's individual practice or order, and any supplementary disclosures thereto.
"Confidential" information, as used herein, means any type or classification of information, so designated, that is nonpublic, proprietary, commercially or otherwise sensitive, or that falls within the term "trade secret" containing or reflecting financial information, contractual terms, or the design and operation of products such as financial statements and records, design specifications, computer code, etc.
"Producing Party" shall mean a party or non-party, on behalf of which documents, things or information are produced, furnished, or disclosed, during the course of this Action, in response to requests for production of documents, interrogatories, requests for admissions, depositions or any other request for discovery pursuant to the Federal Rules of Civil Procedure, or in the form of pleadings, briefs, memoranda, testimony adduced at trial, materials introduced into evidence or other form of information produced, furnished or disclosed by or on behalf of such a party or non-party.
"Designating Party" shall mean a Producing Party that designates Confidential information according to the provisions of this Protective Order.
"Receiving party" shall mean any party to which documents, things or information are produced, furnished, or disclosed, whether voluntarily or in response to formal or informal discovery requests, subpoena, deposition notice, or court order, by any Producing Party in this Action.
A. Any Producing Party may designate as CONFIDENTIAL — OUTSIDE COUNSEL ONLY any information furnished to a Receiving Party during discovery that is believed to contain Confidential information.
B. A designation of any information as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE shall only be made if the Designating Party has a reasonable, good-faith belief that (a) such information contains Confidential information as defined herein, and (b) disclosure of such information without restriction would be detrimental to that party in the conduct of its business and cause cognizable harm.
C. Any Producing Party may designate any item as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE by placing or affixing to such item, in a manner that will not interfere with the legibility thereof, a notice identifying the item as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE.
A. Some Confidential materials may include computer source code ("Source Code"). The Producing Party may designate those Confidential materials that contain computer source code as HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE. All computer source code that is produced and designated HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE in this action shall be subject to the disclosure and dissemination restrictions applicable to documents or information marked CONFIDENTIAL — OUTSIDE COUNSEL ONLY or other similar designation, and shall be further be subject to the following protections:
B. Information designated as HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE, to the extent in electronic format, will be provided on two standalone computers (i.e., the computer system and/or secure video game console may not be linked to any network, including a local area network ("LAN"), an intranet, or the Internet) ("Standalone Computers"). The Standalone Computers shall be maintained in the sole control and custody of the Producing Party, counsel of record for the Producing Party or an agent of such counsel and, at the election of the Producing Party, shall be made available to a requesting party at an office of the Producing Party or counsel of record for the Producing Party. The Producing Party shall provide the Receiving Party with information explaining how to start, log on to, and operate the Standalone Computers in order to access the produced Source Code Material on the Standalone Computers. The Producing Party will produce Source Code in computer searchable format on the Standalone Computers as described above. Computer searchable format means electronic files containing native text not produced through any process involving optical character recognition. Each Standalone Computer shall be provided with software allowing for efficient searching and review of the Source Code. In addition to software provided by the Producing Party, the Receiving Party may request installation of additional review software on the Standalone Computers, provided that at least five business days advanced notice of the request is provided to the Producing Party, and the Producing Party's consent shall not be unreasonably withheld so long as the Receiving Party provides a valid license to the software requested. The Producing Party shall have the right to object to software applications that are deemed unsecure by the Producing Party.
C. Nothing in this Protective Order shall obligate the parties to produce any Source Code, nor act as an admission that any particular Source Code is discoverable.
A. Each party and all persons bound by the terms of this Order shall only use any information or document designated CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE in connection with the prosecution or defense of this action, and not for any other purpose, including, but not limited to, use in any business or commercial enterprise, except as permitted by this Order or by prior written agreement with counsel for the Producing Party. Except as provided for in this Order, no party or other person shall disclose or release any information or document governed by this Order to any person not authorized pursuant to this Order to receive such information or document.
B. It is understood that counsel for a party may give advice and opinions to his or her client based on his or her evaluation of designated CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE information received by the party, provided that such rendering of advice and opinions shall not reveal the content of such information, except as permitted by this Order or by prior written agreement with counsel for the Producing Party.
C. The attorneys of record for the parties and other persons receiving information governed by this Order shall exercise reasonable care to ensure that the information and documents governed by this Order are (a) used only for the purposes specified herein, and (b) disclosed only to authorized persons.
A. Except as provided in ¶¶ 16, 17, and 18, documents or information designated CONFIDENTIAL — OUTSIDE COUNSEL ONLY shall be disclosed by the recipient thereof only on a need-to-know basis to:
B. Except as provided in ¶¶ 16, 17, and 18, documents or information designated HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE shall be disclosed by the recipient thereof only on a need-to-know basis to:
A. If any party desires to disclose information designated CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE to any expert or consultant pursuant to ¶¶ 6(a)(iii) or 6(b)(iii) above, it must first provide written notice to the attorneys for the Producing Party identifying each such expert or consultant. Attorneys for the Producing Party shall have five (5) business days from receipt of such notice to object to the disclosure of such information to any of the experts or consultants so identified. Such objection must be for good cause, stating with particularity the reasons for the objection, and must be in writing served on all parties. The Producing Party shall have the burden of proof by preponderance of the evidence on the issue of the sufficiency of the objections. Any party that fails to object within five (5) business days of receiving such notice shall be deemed to have agreed upon disclosure to the expert or consultant but shall not be precluded from later objecting to continued access where facts suggesting a basis for objection could not have been earlier discovered by exercising due diligence within the period for making a timely objection. No CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE information may be disclosed to any proposed expert or consultant until such time as the parties have agreed upon disclosure to the expert or consultant or until the Court rules on a timely motion made pursuant to ¶ 7(C) below.
B. Written notice identifying a proposed expert or consultant under ¶ 7.1 above shall include the full name and professional address and/or affiliation of the proposed expert or consultant, an up-to-date curriculum vitae or resume (including (1) their present employer and title, and (2) a list of any known present or former relationships or engagements between them and any party or known competitor of a party), an executed Confidentiality Undertaking in the form attached hereto as Exhibit A, a list of any prior or current employments or consultancies during the previous five (5) years, a list of cases in which the expert or consultant has testified at deposition, hearing or trial within the last five (5) years and an indication of whether or not they are involved in preparing, prosecuting, supervising, or assisting in the preparation or prosecution (including interferences, reexaminations, inter partes review, and other proceedings) of any patent or patent application pertaining to the Patents-in-Suit, the field of technology or subject matter of the Patents-in-Suit, or any online or networked gaming technologies). A proposed expert or consultant may only receive HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE after being expressly identified to the Producing Party as seeking access to HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE.
C. The parties shall attempt to resolve any objections informally. If the objections cannot be resolved, the party opposing disclosure of the CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE information to the proposed expert or consultant may move the Court for an Order prohibiting the disclosure pursuant to Civil Local Rule 37.
In no event shall any information designated CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE be disclosed to any person authorized pursuant to ¶¶ 6(a)(iii), 6(a)(vi), 6(a)(vii), 6(b)(iii) and 7 until such person has executed a written Confidentiality Undertaking (in the form set forth in the exhibits attached hereto) acknowledging and agreeing to be bound by the terms of this Order. Counsel for the party seeking to disclose material designated under this Order to any such person pursuant to this paragraph shall be responsible for retaining the executed originals of all such Confidentiality Undertakings.
The restrictions contained herein on the use of information designated CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE shall apply to any and all (a) portions of documents, copies, extracts, and complete or partial summaries prepared from or containing such information; (b) portions of deposition transcripts and exhibits thereto which contain or reflect the content of any such documents, copies, extracts, or summaries; (c) portions of briefs, memoranda or any other papers filed with the Court and exhibits thereto which contain or reflect the content of any such documents, copies, extracts, or summaries; and/or (d) deposition testimony designated in accordance with ¶ 10.
A. Any and all portions of deposition transcripts containing CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE information may be designated as such either on the record during the deposition or by providing, within thirty (30) days following receipt of the official transcripts of the deposition to the reporter and all counsel of record, written notice of the specific pages and lines that contain Confidential information.
B. All deposition transcripts not previously designated shall be deemed to be and treated as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE for a period of thirty (30) days after receipt of the official transcript of the deposition, and the transcript shall not be disclosed during such time by a non-Designating Party to persons other than those persons named or approved according to ¶¶ 6 or 7. For purposes of this paragraph, a deposition transcript shall be deemed to be and treated as HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE if it contains or reflects the content of any Source Code.
C. The Designating Party shall have the right, before the taking of testimony which the Designating Party designates as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE and subject to this Protective Order, to exclude from portions of a deposition all persons other than those persons previously qualified to receive such information pursuant to ¶¶ 6 or 7.
With respect to testimony elicited during hearings and other proceedings, whenever counsel for any party deems that any question or line of questioning calls for the disclosure of information designated as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE, counsel may designate on the record prior to such disclosure that the disclosure is subject to confidentiality restrictions.
Any party wishing to make of record any CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE information shall contemporaneously file an application for leave to file under seal the filing containing the confidential material. The application must show good cause for the under seal filing. The application shall be directed to the judge to whom the papers are directed. The party filing any paper which reflects, contains or includes any information or document subject to this Order shall title such paper in a sealed envelope, or other appropriately sealed container, which includes the title of the action, the party filing the materials, the nature of the materials filed, and the legend CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER: TO BE OPENED ONLY BY OR AS DIRECTED BY THE COURT. Pending a ruling on the application, the papers or portions thereof subject to the sealing application shall be lodged under seal.
Any person who obtains, receives, or otherwise learns information designated HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE, or other information expressly designated as being subject to the Prosecution Bar of this section, relating to a Producing Party's current or planned gaming products shall not prepare, prosecute, supervise, or assist in the preparation or prosecution (including interferences, reexaminations, inter partes review, and other proceedings) of any patent or patent application pertaining to the Patents-in-Suit or the field of technology of the Patents-in-Suit, including the United States Patent and Trademark Office. This prohibition on patent prosecution shall begin when access to such HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE or other expressly designated information is first received by the affected individual, and shall end one (1) year after the conclusion of this Action, including all appeals. This prosecution bar is personal to the person obtaining, receiving, or learning such CONFIDENTIAL ¬ OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE and shall not be imputed to any other person or entity.
A. This Order shall not preclude any party from seeking and obtaining, on an appropriate showing, such additional protection with respect to the confidentiality of documents or other discovery materials as that party may consider appropriate. Nor shall any party be precluded from: (a) claiming that any matter designated hereunder is not entitled to the protections of this Order; (b) applying to the Court for an Order permitting the disclosure or use of information or documents otherwise prohibited by this Order; or (c) applying for a further Protective Order modifying this Order in any respect. No party shall be obligated to challenge the propriety of any designation, and failure to do so shall not preclude a subsequent challenge to the propriety of such designation.
B. On any challenge to the designation of any information, the burden of proof shall lie with the Producing Party to establish that the information is, in fact, CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE information. If a party seeks declassification or removal of particular items from a designation on the ground that such designation is not necessary to protect the interests of the party that designated the information, the procedure set forth under Local Rule 37 shall be utilized.
C. Notwithstanding any objection to the designation of information as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE, information so designated shall be treated as such and shall be subject to the provisions hereof unless and until one of the following occurs: (i) the party who designated the information changes or removes such designation in writing; or (ii) the Court orders the Producing Party to change or remove such designation.
A. A Producing Party or non-party that inadvertently fails to designate an item pursuant to this Order at the time of production may at any time prior to the final pretrial conference in this Action make a designation pursuant to this Order by serving notice thereof in writing, accompanied by substitute copies of each item, appropriately designated. Those individuals who reviewed the documents or information prior to the notice of mis-designation or failure to designate by the Producing Party shall return to counsel of record or destroy all copies of the mis-designated documents and shall honor, to the extent reasonably practicable, the provisions of this Order with respect to the use and disclosure of confidential information in the mis-designated documents. Individuals who reviewed the documents or information prior to the notice of mis-designation or failure to designate shall only be subject to the prosecution bar provisions of Section 13 with respect to any review of such documents or information occurring after notice of mis-designation or failure to designation is received.
B. If information designated pursuant to this Order is disclosed to any person other than in the manner authorized by this Order, through inadvertence or otherwise, the party responsible for this disclosure must immediately bring all pertinent facts relating to such improper disclosure to the attention of all interested parties, without intentionally creating prejudice to other rights and remedies of the disclosing party, and shall make every effort to obtain the return of the disclosed material and prevent further improper disclosure. The party responsible for this disclosure shall further use its best efforts to bind the person or party to whom the material was disclosed to the terms of this Protective Order and the person to whom disclosure was made shall be requested to sign a Confidentiality Undertaking in the form of Exhibit B hereto. Nothing in this Paragraph shall affect the Producing Party's remedies under this Protective Order or otherwise for such unauthorized disclosure.
C. The production of any discovery material by any party, whether inadvertent or not, shall be without prejudice to any subsequent claim by the Producing Party that such discovery material is privileged or attorney-work product, and shall not be deemed a waiver of any such privilege or protection in either the litigation pending before the court, or any other federal or state proceeding. In such circumstances, the Producing Party must, as soon as practicable after the first time it learns of the inadvertent disclosure, notify the Receiving Party of the inadvertent production, and request the return or confirmed destruction of the privileged materials. If a party receives such a notification, such party shall not use or disclose, and immediately cease any prior use of, such materials and within five (5) business days of receiving such notification, the Receiving Party shall return or confirm destruction of all such materials, including any summaries thereof. Such return or confirmation of destruction shall not preclude the receiving party from seeking to compel production of the materials for reasons other than its inadvertent production. The party or parties returning or destroying inadvertently produced material shall not assert as a ground for entering an order compelling production of the material the fact or circumstances of the inadvertent or unintentional production.
In the event that a Receiving Party discovers a potential inadvertent production of material potentially subject to a claim of privilege or other protection, that Receiving Party shall promptly notify the Producing Party in writing of same. No use shall be made of such documents by the Receiving Party unless the Producing Party confirms that such material is not subject to a claim of privilege or other protection or the Receiving Party successfully challenges the claims of privilege on grounds other than the inadvertent disclosure. If the parties are unable to agree as to the application of any claim of privilege or immunity, either party may petition the Court for resolution in compliance with Local Rule 37.
D. Nothing in this Order shall preclude either party from petitioning the Court for return of later-discovered, inadvertently produced work-product immunity, attorney-client privilege, common interest/joint defense privilege, or other privileged documents.
Notwithstanding any other provisions of this Order, nothing herein shall prohibit counsel or a party from disclosing a document containing CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE information to any person who appears from the face of the document to have drafted, prepared, executed, or received the document.
If a Receiving Party is served with a subpoena or an order issued in other litigation that would compel disclosure of any information or items designated in this action as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE, the Receiving Party must so notify the Designating Party, in writing immediately and in no event more than three (3) business days after receiving the subpoena or order. Such notification must include a copy of the subpoena or court order.
The Receiving Party also must immediately inform in writing the party who caused the subpoena or order to issue in the other litigation that some or all the material covered by the subpoena or order is the subject of this Order. In addition, the Receiving Party must deliver a copy of this Order promptly to the party in the other action that caused the subpoena or order to issue.
The purpose of imposing these duties is to alert the interested parties to the existence of this Order and to afford the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court from which the subpoena or order issued. The Designating Party shall bear the burdens and the expenses of seeking protection in that court of its confidential material—and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court.
Nothing herein shall affect the right of the Designating Party to disclose to its officers, directors, employees, attorneys, consultants or experts, or to any other person, its own information. Such disclosure shall not waive the protections of this Order and shall not entitle other parties or their attorneys to disclose such information in violation of it, unless by such disclosure of the Designating Party the information becomes public knowledge.
The restrictions contained in this Order shall not apply to information that is or was available to the public prior to disclosure or that is or was legitimately and independently acquired from a source not subject to this Order.
A. Within sixty (60) days following final termination of this action, unless otherwise agreed to in writing by an attorney of record for the Designating Party, each party shall destroy and certify destruction of, or assemble and return, all materials containing information designated as CONFIDENTIAL — OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE, including all copies, extracts and summaries thereof, to the party from whom the designated material was obtained.
B. Notwithstanding Paragraph 20(a), outside counsel of record in this case for each party may retain a record including one copy of the following, irrespective of whether or not information designated as CONFIDENTIAL — OUTSIDE COUNSEL ONLY of another party or non-party is included: (i) its correspondence file of this case; (ii) its pleadings file, including all briefs, memoranda, affidavits, supporting materials, and all papers served on the party; (iii) any briefs and appendix on appeal; (iv) all legal research memoranda; (v) its file of deposition transcripts and accompanying exhibits; and (vi) its file of hearing and trial transcripts and accompanying exhibits. In the instance of information designated as HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE, the foregoing exception to Paragraph 20(a) shall not apply and no partial or complete Source Code, and no notes or summaries regarding Source Code, shall be retained under any circumstances absent written consent from the Producing Party.
Pursuant to Fed. R. Civ. P. 26(b)(5)(A), any party that withholds documents or ESI based upon work-product immunity, attorney-client privilege, common interest/joint defense privilege, or any other privilege shall identify such documents and/or ESI in a privilege log. This provision does not apply to documents or ESI generated after the filing of the Complaint.
Draft reports, notes, outlines, and any other writings leading up to an issued report by a testifying expert are exempt from discovery. Also, all communications to and from a testifying expert, and all materials generated by a testifying expert with respect to his or her work, are exempt from discovery, except insofar as the expert relies upon them in forming any opinion.
The parties agree to treat this Order as entered by the Court as of the date it becomes fully executed by the parties. In the event that the fully executed Order should be rejected by the Court, or that the Court should require any changes in the executed Order, the parties agree to treat any properly marked material or information produced in the interim as CONFIDENTIAL ¬ OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE materials according to the dictates of this Order as originally executed. This Order is effective until the commencement of trial. The Parties may file an application with the Court to extend the protections set forth in this Order beyond the commencement of trial.
No part of the restrictions imposed by this Order may be waived or terminated, except by written stipulation executed by counsel of record for each Designating Party, or by an Order of the Court for good cause shown. The restrictions provided for herein shall not terminate upon the conclusion of this action, but shall continue until further Order of this Court.
This Order may be modified, and any matter related to it may be resolved, by written stipulation of the parties without further Order of the Court. This Order supersedes any agreements between the parties regarding the confidentiality of particular information entered into before the date of this Order.
It is expressly contemplated that the protections of this Protective Order apply to non-parties.
GOOD CAUSE APPEARING, the Court hereby approves this Stipulated Protective Order.
I, _______________________________________, being duly sworn, state that:
1. My address is ____________________________________________ ______________________________________________________________________________.
2. My present employer is ___________________________________, and the address of my present employment is ___________________________________ _______________________________________________________________________________ _______________________________________________________________________________.
3. My present occupation or job description is ________________, ________________________________________________________________________________ ________________________________________________________________________________.
4. I have attached hereto my current curriculum vitae and, to the best of my knowledge, a complete list of any present or former relationships or engagements between myself and any party to the above-captioned action (the "Action") or any known competitor thereof.
5. I hereby acknowledge that I have read the "Stipulated Protective Order" ("PROTECTIVE ORDER") in this Action, that I am familiar with the terms thereof, and that I agree to be bound by the terms thereof.
6. I hereby acknowledge that, pursuant to the PROTECTIVE ORDER, I may receive information designated as CONFIDENTIAL ¬ OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE (collectively, "DESIGNATED INFORMATION") in this Action, and certify my understanding that such information is provided to me pursuant to the terms and restrictions of the PROTECTIVE ORDER. I agree not to reveal any DESIGNATED INFORMATION or any notes containing DESIGNATED INFORMATION to anyone not authorized to receive such information pursuant to the terms of the PROTECTIVE ORDER, and I agree not to use, directly or indirectly, or allow the use of any DESIGNATED INFORMATION for any purpose other than directly associated with my duties in this litigation.
7. I understand that I am to retain all copies of the materials that I receive which have been designated as containing or reflecting DESIGNATED INFORMATION in a container, cabinet, drawer, room or other safe place in a manner consistent with the PROTECTIVE ORDER. I understand that all copies of any such materials are to remain in my custody until the conclusion of this Action or the completion of my assigned duties, whereupon the copies are to be destroyed or returned to the Producing Party. Such return or destruction shall not relieve me from the obligations imposed upon me by the PROTECTIVE ORDER. I understand that material designated as or reflecting HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE is subject to the additional restrictions listed in the PROTECTIVE ORDER and that I am familiar with and agree to abide by those restrictions. I further agree to notify any support personnel (such as paralegals, administrative assistants, secretaries, clerical and administrative staff) who are necessary to assist me of the terms of the PROTECTIVE ORDER and of their obligation not to reveal any CONFIDENTIAL ¬ OUTSIDE COUNSEL ONLY to anyone not authorized to receive such information pursuant to the terms of the PROTECTIVE ORDER. I also agree to notify any support personnel (such as paralegals, administrative assistants, secretaries, clerical and administrative staff) that they may not access HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE pursuant to the terms of the PROTECTIVE ORDER.
8. I understand that I shall be subject to the jurisdiction of the U.S. District Court for the District of Massachusetts in any proceeding relating to my performance under, compliance with, or violation of the PROTECTIVE ORDER. I further recognize that, if I violate the PROTECTIVE ORDER in any manner, I may be subject to such sanctions as the Court on motion and after a hearing deems just.
I, ______________________________________, being duly sworn, state that:
1. My address is _____________________________________________ _______________________________________________________________________________.
2. My present employer is ____________________________________, and the address of my present employment is ___________________________________ _______________________________________________________________________________ _______________________________________________________________________________.
3. My present occupation or job description is ____________________, _______________________________________________________________________________ _______________________________________________________________________________.
4. I hereby acknowledge that I have read the "Stipulated Protective Order" ("PROTECTIVE ORDER") in the above-captioned action (the "Action"), that I am familiar with the terms thereof, and that I agree to be bound by the terms thereof.
5. I hereby acknowledge that, pursuant to the PROTECTIVE ORDER, I received information designated as CONFIDENTIAL OUTSIDE COUNSEL ONLY or HIGHLY RESTRICTED — CONFIDENTIAL SOURCE CODE (collectively, "DESIGNATED INFORMATION") in this Action, and certify my understanding that such information is subject to the terms and restrictions of the PROTECTIVE ORDER. I agree not to reveal any DESIGNATED INFORMATION or any notes containing DESIGNATED INFORMATION to anyone not authorized to receive such information pursuant to the terms of the PROTECTIVE ORDER, and I agree not to use, directly or indirectly, or allow the use of any DESIGNATED INFORMATION for any purpose.
6. I understand that all copies of any such materials are to be destroyed or returned to the Producing Party. Such return or destruction shall not relieve me from the obligations imposed upon me by the PROTECTIVE ORDER.
7. I understand that I shall be subject to the jurisdiction of the U.S. District Court for the District of Massachusetts in any proceeding relating to my performance under, compliance with, or violation of the PROTECTIVE ORDER.
I, ______________________________________, being duly sworn, state that:
1. My address is ______________________________________________ ________________________________________________________________________________.
2. My present employer is _____________________________________, and the address of my present employment is ____________________________________ _______________________________________________________________________________ _______________________________________________________________________________.
3. My present occupation or job description is _______________, _______________________________________________________________________________ _______________________________________________________________________________..
4. I hereby acknowledge that I have read the "Stipulated Protective Order" ("PROTECTIVE ORDER") in the above-captioned action (the "Action"), that I am familiar with the terms thereof, and that I agree to be bound by the terms thereof.
5. I hereby acknowledge that, pursuant to the PROTECTIVE ORDER, I may receive information designated as CONFIDENTIAL — OUTSIDE COUNSEL ONLY in this Action, and certify my understanding that such information is subject to the terms and restrictions of the PROTECTIVE ORDER. I agree not to reveal any CONFIDENTIAL OUTSIDE COUNSEL ONLY or any notes containing CONFIDENTIAL OUTSIDE COUNSEL ONLY to anyone not authorized to receive such information pursuant to the terms of the PROTECTIVE ORDER, and I agree not to use, directly or indirectly, or allow the use of any CONFIDENTIAL OUTSIDE COUNSEL ONLY for any purpose other than directly associated with my duties in this Action.
6. No later than the final conclusion of this Action, I will return all material designated CONFIDENTIAL — OUTSIDE COUNSEL ONLY, and summaries, abstracts, and indices thereof which come into my possession, and documents and things which I have prepared relating thereto, to counsel for whom I was employed or retained or from whom I received information designated as CONFIDENTIAL — OUTSIDE COUNSEL ONLY.
7. I understand that I shall be subject to the jurisdiction of the U.S. District Court for the District of Massachusetts in any proceeding relating to my performance under, compliance with, or violation of the PROTECTIVE ORDER.
