Filed: Apr. 24, 2018
Latest Update: Apr. 24, 2018
Summary: SUPPLEMENTAL PROTECTIVE ORDER BY STIPULATION Claim Construction Discovery Ends: July 27, 2018, Claim Construction Brief Due: Aug. 10, 2018, Claim Construction Hearing: Sept. 17, 2018, Expert Witness Reports Due: Sept. 28, 2018, Discovery Ends: Nov. 16, 2018, Trial Date: Jan. 15, 2019. PATRICK J. WALSH , Magistrate Judge . I. Introduction BY STIPLUTION, the parties hereto, plaintiffs, INTERNATIONAL DESIGNS CORPORATION, LLC, and HAIRTALK GmbH, (collectively referred to as "PLAINTIFFS") and
Summary: SUPPLEMENTAL PROTECTIVE ORDER BY STIPULATION Claim Construction Discovery Ends: July 27, 2018, Claim Construction Brief Due: Aug. 10, 2018, Claim Construction Hearing: Sept. 17, 2018, Expert Witness Reports Due: Sept. 28, 2018, Discovery Ends: Nov. 16, 2018, Trial Date: Jan. 15, 2019. PATRICK J. WALSH , Magistrate Judge . I. Introduction BY STIPLUTION, the parties hereto, plaintiffs, INTERNATIONAL DESIGNS CORPORATION, LLC, and HAIRTALK GmbH, (collectively referred to as "PLAINTIFFS") and D..
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SUPPLEMENTAL PROTECTIVE ORDER BY STIPULATION
Claim Construction Discovery Ends: July 27, 2018, Claim Construction Brief Due: Aug. 10, 2018, Claim Construction Hearing: Sept. 17, 2018, Expert Witness Reports Due: Sept. 28, 2018, Discovery Ends: Nov. 16, 2018, Trial Date: Jan. 15, 2019.
PATRICK J. WALSH, Magistrate Judge.
I. Introduction
BY STIPLUTION, the parties hereto, plaintiffs, INTERNATIONAL DESIGNS CORPORATION, LLC, and HAIRTALK GmbH, (collectively referred to as "PLAINTIFFS") and Defendant HAIR ART INT'L, INC. (herein "HAIR ART") hereby stipulate and agreed to this Supplemental Protective Order.
On March 12, 2018, Magistrate Judge Walsh entered a Stipulated Protective Order, ECF non-party experts who may be provided CONFIDENTIAL ATTORNEYS-EYES-ONLY ("AEO") materials. However, Exhibit A was never attached to the SPO, ECF No. 47.
By this stipulated Supplemental Protective Order, the parties agree to use Exhibit A, attached. The parties request that the Court enter this Supplemental Protective Order and incorporate by reference Exhibit A into the SPO.
II. Basis
With respect to the missing "Exhibit A", the SPO provides:
Such [expert witness] persons shall also be advised of the terms of this Stipulated Protective Order, be provided with a copy of this Stipulated Protective Order, and execute an Agreement to be bound by Protective Order in the form attached hereto as Exhibit A before any Confidential Information is disclosed to them. If the parties cannot agree, the party seeking to disclose the information marked "Confidential — Attorneys' Eyes Only" at or in preparation of a witness for a deposition shall not do so without first obtaining Court approval pursuant to the applicable Local Rules;
SPO, pg. 9, line 3.
10. Agreement to Be Bound. Each person permitted by the parties or their counsel to have access to designated information under the terms of this Order, shall, prior to being given such access, be provided with a copy of this Order for review. Upon receiving this Order, each person shall sign an "Agreement to Be Bound" (Exhibit A to this Order) indicating that he has read this Order and agrees to comply with its terms, provided, however, that partners and employees of counsel of record as well as officers and personnel of the Court, shall be exempt from the requirement to sign the Exhibit A agreement.
SPO, pg. 8, line 24 (see also SPO, pg. 16, line 13 regarding claw back of documents).
Exhibit A is attached hereto.
WHEREFORE, the Parties request that the Court enter this Supplemental
Protective Order.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
I, ________________________, reside at ___________________________. I am employed by ____________________ as ____________.
I have been provided with a copy of the Stipulated Protective Order entered by this Court in the case entitled INTERNATIONAL DESIGNS CORPORATION, LLC, and HAIRTALK GmbH vs. HAIR ART INT'L, INC., Case No.2:17-cv-8411, ECF No. 47 (the "Litigation"). I have read and understand the Stipulated Protective Order and I agree that I shall be bound by its terms. I agree with respect to all Confidential Information made available to me that I shall maintain it in strict confidence, I shall not disclose it to anyone except as authorized by the terms of the Stipulated Protective Order, and I shall use it only in connection with the Litigation.
At the conclusion of all proceedings in the Litigation, I agree that I shall return all of the Confidential Information provided to me, all copies thereof, all summaries thereof, and all written comments concerning such information to the person or entity employing or retaining me, for further disposition consistent with the terms of the Stipulated Protective Order. I further agree to submit to the jurisdiction of the United States District Court, Central District, State of California, for the purposes of enforcing this agreement.
Dated: _______________ ___________________________[Signature]
