Filed: Jul. 18, 2018
Latest Update: Jul. 18, 2018
Summary: JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND AMENDMENT TO PARAGRAPH 7.4(B) OF STIPULATED PROTECTIVE ORDER KANDIS A. WESTMORE , Magistrate Judge . WHEREAS, on April 16, 2018, the Court entered the Parties' Stipulated Protective Order (Dkt. 307). WHEREAS, Paragraph 7.4(b), as amended, regarding disclosure of materials designated as "HIGHLY CONFIDENTIAL — SOURCE CODE," provides that only three Experts of a Receiving Party shall have access to materials so designated: "access to Pro
Summary: JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND AMENDMENT TO PARAGRAPH 7.4(B) OF STIPULATED PROTECTIVE ORDER KANDIS A. WESTMORE , Magistrate Judge . WHEREAS, on April 16, 2018, the Court entered the Parties' Stipulated Protective Order (Dkt. 307). WHEREAS, Paragraph 7.4(b), as amended, regarding disclosure of materials designated as "HIGHLY CONFIDENTIAL — SOURCE CODE," provides that only three Experts of a Receiving Party shall have access to materials so designated: "access to Prot..
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JOINT STIPULATION AND [PROPOSED] ORDER RE: SECOND AMENDMENT TO PARAGRAPH 7.4(B) OF STIPULATED PROTECTIVE ORDER
KANDIS A. WESTMORE, Magistrate Judge.
WHEREAS, on April 16, 2018, the Court entered the Parties' Stipulated Protective Order (Dkt. 307).
WHEREAS, Paragraph 7.4(b), as amended, regarding disclosure of materials designated as "HIGHLY CONFIDENTIAL — SOURCE CODE," provides that only three Experts of a Receiving Party shall have access to materials so designated: "access to Protective Material designated `HIGHLY CONFIDENTIAL — SOURCE CODE' shall be limited to up to three (3) Experts of the Receiving Party." (Dkt. 307, at 11; Dkt. 321).
WHEREAS, Plaintiff SpeedTrack, Inc. and Defendants OfficeMax, Inc., Macy's, Inc., Macys.com, LLC, Overstock.com, Inc., Recreational Equipment, Inc., Evine Live, Inc., and B & H Foto & Electronics Corp. agree, and hereby stipulate, that Paragraph 7.4(b) shall be amended to provide that four SpeedTrack Experts shall have access to Protected Material designated "HIGHLY CONFIDENTIAL — SOURCE CODE" by Defendants OfficeMax, Inc., Macy's, Inc., Macys.com, LLC, Overstock.com, Inc., Recreational Equipment, Inc., Evine Live, Inc., and B & H Foto & Electronics Corp. and by third party Adobe Systems, Inc.
Accordingly, the parties hereby stipulate that Paragraph 7.4 of the Stipulated Protective Order shall be amended to state as follows:
7.4 Disclosure of "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 — 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;
(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 7.5(a)(2), below, have been followed; provided that access to Protected Material designated "HIGHLY CONFIDENTIAL — SOURCE CODE" shall be limited to up to three (3) Experts of the Receiving Party, except that four SpeedTrack Experts shall have access to Protected Material designated "HIGHLY CONFIDENTIAL — SOURCE CODE" by Defendants OfficeMax, Inc., Macy's, Inc., Macys.com, LLC, Overstock.com, Inc., Recreational Equipment, Inc., Evine Live, Inc., and B & H Foto & Electronics Corp. and by third party Adobe Systems, Inc;
(c) the court and its personnel;
(d) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); and
(e) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information.
IT IS SO STIPULATED, through Counsel of Record.
ORDER
IT IS ORDERED that the forgoing Agreement is approved and Paragraph 7.4 of the Stipulated Protective is amended as set forth above.
ATTESTATION
I, Alan P. Block, am the ECF User whose identification and password are being used to file the foregoing STIPULATION in compliance with Civil Local Rule 5.1, and that concurrence in the filing of this document was obtained from the above signatories to this document.
