United States District Court, D. Nebraska
XENOS, INC., a Nebraska corporation and OTTILIA CHAPMAN, an individual, Plaintiffs,
TILLY'S, INC., a Delaware corporation, and WORLD OF JEANS & TOPS, a California corporation, Defendants.
Carlo F. Van den Bosch, admitted pro hac vice Gazal J. Pour-Moezzi, admitted pro hac vice SHEPPARD MULLIN RICHTER & HAMPTON LLP Costa Mesa, CA, TILLY'S, INC., a Delaware corporation, and WORLD OF JEANS & TOPS, a California corporation, Defendants,
Daniel J. Fischer, KOLEY JESSEN P.C., L.L.O. Omaha, NE, Attorneys for Defendants. Larry E. Welch, Sr., Damien J. Wright, WELCH LAW FIRM, P.C. Omaha, NE, Attorneys for Plaintiffs. XENOS, INC., a Nebraska corporation, and OTTILIA CHAPMAN, an individual, Plaintiffs,
STIPULATED PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION AND DOCUMENTS
CHERYL R. ZWART, Magistrate Judge.
STIPULATION FOR ENTRY OF PROTECTIVE ORDER
WHEREAS, this action involves the alleged intellectual property interests of plaintiff Xenos, Inc., plaintiff Ottilia Chapman, defendant Tilly's, Inc., and defendant World of Jeans & Tops (collectively, the Parties");
WHEREAS, discovery in this action will involve the disclosure of private, privileged, proprietary, and confidential information, including without limitation the following:
A. Confidential and non-public business models and plans;
B. Confidential and non-public documents concerning customers and potential customers;
C. Confidential and non-public financial records; and
D. Confidential and private information concerning individuals who are not parties to this action.
WHEREAS the Parties believe that unrestricted disclosure or dissemination of such information could cause them injury, and desire an efficient and practicable means to designate such information as confidential and control its disclosure or dissemination;
NOW, THEREFORE IT IS HEREBY STIPULATED by the Parties, by and through their respective attorneys of record and pursuant to Federal Rule of Civil Procedure 26(c)(1)(G) and 29, that discovery in this case of confidential information shall be had on the following terms and conditions:
1. During the course of this litigation, all documents and information that a party considers to contain or to constitute confidential, trade secrets, proprietary and/or financial information including but not limited to: (a) customer names, contact information, and terms of service; (b) sales records, and/or sales prices; (c) pending sales opportunities for customers; (d) vendor names, purchase records, and purchase pricing information; (e) the identity and contact information for individuals currently employed by any of the Parties; (f) data derived from such confidential information, including any summaries, compilations, quotes, or paraphrases thereof; and (g) any other oral, written, or recorded material which consists of or contains trade secrets or other confidential research, development, or commercial information or information subject to a claim of right to privacy and that has been designated by the producing party as confidential by stamping or writing "CONFIDENTIAL" or "CONFIDENTIAL-OUTSIDE COUNSEL ONLY" on the face of the document, or alternatively, on the portion thereof containing the confidential information, shall be handled in accordance with this Protective Order.
2. Any designating party shall have the right to designate as "CONFIDENTIAL" any information and/or document that discloses confidential information as set forth above in paragraph 1. Material properly designated as "CONFIDENTIAL" includes, but is not limited to, confidential research, development, technical, manufacturing or commercial information, as well as other such information to which the receiving party would not have access but for this litigation. Any designating party shall also have the right to designate as "CONFIDENTIAL-OUTSIDE COUNSEL ONLY" information and/or documents that constitute or disclose extremely sensitive confidential information, the disclosure of which would be especially detrimental or harmful to the producing party if disclosed beyond the limited class of qualified recipients as specified herein. "CONFIDENTIAL - OUTSIDE COUNSEL ONLY" material includes, but is not limited to: (a) trade secrets; (b) product designs; or (c) highly sensitive financial information, business plans and/or forecasts, customer lists, pricing data, cost data, customer orders, or customer quotations.
3. In the case of documents or information produced by third parties, any third party hereto shall also have the right to designate said information and/or documents as being "CONFIDENTIAL" or "CONFIDENTIAL-OUTSIDE COUNSEL ONLY, " as necessary, in the event said information and/or documents contain confidential, proprietary and/or trade secret information of such third party as set forth in Paragraph 2 of this Order.
4. A designation of "CONFIDENTIAL" or "CONFIDENTIAL-OUTSIDE COUNSEL ONLY" pursuant to this Protective Order shall not be construed as a concession by any party that such information is relevant or material to any issue, ...