United States District Court, D. Nebraska
INFOGROUP, INC., infoUSA, INC. and infoUSA MARKETING, INC., Delaware corporations, Plaintiffs,
DATABASEUSA.COM LLC d/b/a Database101.com, d/b/a InfoFree.com and d/b/a AtoZ Databases, a Nevada limited-liability company, VINOD GUPTA, BLAKE VAN GILDER, JASON DAILEY, MARK PULJAN, JON McCORMICK, and JOHN DOES 1-20, Defendants.
STIPULATED PROTECTIVE ORDER
CHERYL R. ZWART, Magistrate Judge.
The parties agree that certain information subject to discovery in this action may contain trade secrets or other confidential, proprietary and/or commercially-sensitive information. In the interest of protecting that information and permitting discovery to proceed without the delay occasioned by disputes regarding such information, the parties agree to the protective provisions set forth below. In view of these stipulations, and good cause appearing, the Court enters this Protective Order pursuant to Federal Rule of Civil Procedure 26(c). This Protective Order shall apply to all discovery in this matter, including informal exchange of documents and initial depositions conducted for purposes of the Plaintiffs' Motion for Preliminary Injunction.
IT IS HEREBY ORDERED:
Scope and Definitions
1. This Protective Order applies to all information, documents, testimony and/or things subject to discovery in this action which contain non-public, confidential information and/or trade secrets designated as Protected Material pursuant to the terms of this Order; as well as any secondary material, such as pleadings, written discovery, expert reports, notes, summaries or any other materials that contain, describe or reflect such information (collectively referred to herein as "Protected Materials").
2. Protected Material may be designated by any Producing Party as:
(a) "CONFIDENTIAL" if it contains non-public, commercially-sensitive information (e.g. unpublished advertising, web pages, signage, logos and the like).
(b) "HIGHLY CONFIDENTIAL" if it (i) contains technical, financial and/or other business information (e.g. pricing, customer lists, business and/or marketing plans or analysis, license agreements and the like) the public disclosure of which would cause competitive harm to the Producing Party; (ii) is subject to an express obligation of confidentiality owed by the Producing Party to a third-party; (iii) contains personally identifiable information about an individual as described in NECivR 5.03(b)(1)-(5); or (iv) constitutes a trade secret under the laws of the State of Nebraska.
(c) "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" if it contains HIGHLY CONFIDENTIAL information under Paragraph 2(b), the disclosure of which to a Receiving Party, as opposed to a third party, would cause competitive harm to the Producing Party.
3. For the purposes of this Protective Order, unpublished advertising, web pages, signage, logos and the like shall be considered "CONFIDENTIAL" and shall not be considered "HIGHLY CONFIDENTIAL".
4. As used herein, "Producing Party" shall refer to any party to this action, or to any third party (whether voluntarily or pursuant to subpoena), who discloses, testifies, produces or makes available for inspection any Protected Material.
5. "Receiving Party" shall refer to any person who receives Protected Material from a Producing Party.
Permitted Disclosure and Use of Protected Material
5. Protected Material shall not be distributed, disclosed or made available to anyone except as expressly provided in this Order.
6. Protected Material shall be used solely for this litigation and any related appeals, and shall not be used for any other purpose whatsoever, including without limitation any other litigation or any business or competitive purpose or function of any kind.
Persons Who May Access Protected Material
7. "Confidential" Material. Only the following individuals shall have access to materials designated "CONFIDENTIAL, " absent the express written consent of the Producing Party or further court order:
(a) Persons authorized to receive "HIGHLY CONFIDENTIAL" material as specified in paragraphs 8(a)-(f) below;
(b) Up to four (4) corporate representatives of the Receiving Party who have complied with Paragraph 10; and
(c) Outside experts and consultants of the Receiving Party, who have complied with the procedures of Paragraph 10, and their support staff and clerical employees assisting in the litigation;
8. "Highly Confidential" Material. Only the following individuals shall have access to materials designated "HIGHLY CONFIDENTIAL" absent the express written consent of the Producing Party or further court order:
(a) Outside counsel of record for the parties to this action, including any attorneys, paralegals, technology specialists and clerical employees of their respective law firms assisting in the litigation;
(b) Up to four (4) named officers of each Receiving Party (or its parent corporation) who hold a position of vice president or higher ...