Oracle Vs Quin Rudin Et Al 2f5l19

1 Daryl M. Crone (Bar No. 209610)

[email protected] 2 CRONE HAWXHURST LLP 10880 Wilshire Blvd., Suite 1150 3 Los Angeles, California 90024 Telephone: (310) 893-5150 4 Facsimile: (310) 893-5195

NOTE: CHANGES MADE BY THE COURT

5 Attorneys for Plaintiffs

Oracle America, Inc. and

6 Oracle Credit Corporation 7 8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

SOUTHERN DIVISION

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 12 ORACLE AMERICA, INC., et al.,

Plaintiffs,

13 14

v.

15 QUIN RUDIN, et al., 16

Defendants.

CASE NO. SACV10-1853 DOC (RNB) FIRST AMENDED T STIPULATION AND [PROPOSED] PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION Judge: Hon. Robert N. Block Courtroom: 6D

17 18

///

19

///

20 21 22 23 24 25 26 27 28

[PROPOSED] STIPULATED PROTECTIVE ORDER

1 2

STIPULATED PROTECTIVE ORDER The Parties hereto, by and through their respective counsel, hereby agree and

3 stipulate as follows: 4 5

1.

Scope of Order. This t Stipulation and Protective Order Re:

6 Confidential Information (“Stipulated Protective Order”) governs the handling of 7 all material produced, given, or filed during discovery or other proceedings in this 8 action, but shall not apply to the trial of this action (at which time the Court will 9 make other orders, as appropriate, concerning this subject). The provisions of this 10 Stipulated Protective Order shall apply to the Parties to this t Stipulation, and

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 any other Person producing, receiving, or disclosing Material in this action. 12

2.

Definitions.

13

(a) As a general guideline, Materials designated as “Confidential”

14

shall be those things that may be disclosed to the Parties for

15

purposes of this litigation, but which must be protected from

16

disclosure to third parties. Absent a specific order from this Court,

17

Materials designated as “Confidential” shall be used by the Parties

18

solely in connection with this litigation, and not for any business,

19

competitive, or governmental purpose or function, and such

20

Materials shall not be disclosed to anyone except as provided

21

herein.

22

(b) As a further general guideline, Materials designated as “Highly

23

Confidential” shall be those things of a proprietary business or

24

technical nature that might be of value to a competitor or potential

25

customer, and that must be protected from disclosure. Absent a

26

specific order from this Court, Materials designated as “Highly

27

Confidential” shall be used by the Parties solely in connection with

28

this litigation, and not for any business, competitive, or [PROPOSED] STIPULATED PROTECTIVE ORDER

1

governmental purpose or function, and such Materials shall not be

2

disclosed to anyone except as provided herein.

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

3

(c) “Protected Material” means any type or classification of Material

4

that is designated as “Confidential” or “Highly Confidential” by

5

the Producing Person and that contains trade secrets, future

6

business plans, information regarding products not released or

7

announced to the public, nonpublic proprietary product

8

development information, customer lists, nonpublic financial

9

information, nonpublic business operations information of a

10

confidential nature, personnel information in an employee’s

11

confidential employment file, and/or information protected by the

12

right to privacy. For purposes of clarification, a Producing Person

13

may designate Material as “Highly Confidential” only if the

14

Producing Person believes in good faith the Material contains

15

extremely sensitive confidential information, including but not

16

limited to information which is commercial, pricing, cost, or

17

marketing information relating to the Producing Person or the

18

Producing Person’s commercial products or planned commercial

19

products, or technical and research information that is extremely

20

sensitive. Publicly available information is not Protected Material.

21

The Parties cannot reasonably anticipate all information that will

22

be requested and produced in this action, and they therefore reserve

23

the right to designate as Protected Material any document or

24

category of information that they in good faith believe is entitled to

25

the designation even if it is not expressly mentioned in the

26

definition above.

27 28

(d) “Confidential Information” means any information contained in Protected Material, as defined above, and only the limited portions [PROPOSED] STIPULATED PROTECTIVE ORDER

1

of briefs, memoranda, exhibits, or testimony, or the limited

2

portions of any other writing filed with the Court that mentions,

3

discusses, or refers to any Protected Material.

4

(e) “Material” means papers, documents, tapes, testimony, and other

5

information produced, given, or filed during discovery or other

6

proceedings in this action, including, but not limited to, answers to

7

interrogatories, responses to requests for issions, deposition

8

testimony, information provided during any settlement discussions,

9

and all copies, excerpts, summaries, and information derived from

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

10

any such papers or documents.

11

(f) “Person” means a natural person, firm, association, organization,

12

partnership, business, public entity, or other person acting on

13

behalf of such person.

14

(g) “Party” or “Parties” means Plaintiffs Oracle America, Inc. and

15

Oracle Credit Corporation Defendants Quin Rudin, Michael Mai,

16

Dearborne Circle, LLC, Claude Kramer, III, Joshua Van Ginkel,

17

David Cuevas, Certus Group of Companies, LLC, Mark Tiernan,

18

Alethea LLC, and Rick Rutherford (including anyone else acting

19

upon their behalf or at their direction or control), or any other

20

Person who is ed in this action as a party.

21

(h) “Producing Person” means any Person, as defined above,

22

producing or disclosing Material in this action.

23

(i) “Discovering Party” means any Party that requests and receives

24 25

Materials in this action through the discovery process. 3.

Designation of Protected Material. A Producing Party may

26 designate Discovery Material as “Confidential” or “Highly Confidential” in the 27 following manner: 28

(a) Designation of Documents: Any document (defined herein as [PROPOSED] STIPULATED PROTECTIVE ORDER

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

1

including, but not limited to: exhibits, documents and things

2

(including computer diskettes and other storage media) produced in

3

response to discovery requests, interrogatory responses, responses

4

to requests for ission, motions, briefs, memoranda, and copies

5

of any of the foregoing) produced or given by any Producing

6

Person during discovery, hearings, or trial in this case which sets

7

forth or contains any Confidential Information may be so

8

designated by affixing the legend “Confidential” or “Highly

9

Confidential,” as applicable, on each page containing Confidential

10

Information at the time such document is produced or provided, or

11

as soon thereafter as the Producing Person seeking protection

12

becomes aware of the confidential nature of the document.

13

(b) Designation of Deposition Testimony: Deposition testimony may

14

be designated “Confidential” or “Highly Confidential” by oral

15

designation on the record, or within five (5) days after the

16

transcript of such deposition is mailed (via overnight mail) to the

17

designating Person. The designating Person shall instruct the court

18

reporter to separately bind the portions of the deposition transcript

19

so designated, and to stamp the word “Confidential” or “Highly

20

Confidential,” as applicable, on each designated page of the

21

transcript. Pending expiration of this five-day period, all Parties

22

shall treat all deposition testimony and exhibits as if they had been

23

designated as “Highly Confidential.”

24

(c) Treatment of Court-Filed Materials. In accordance with Local

25

Rule 79-5.1, if any papers to be filed with the Court contain

26

information and/or documents that have been designated as

27

“Confidential” or “Highly Confidential,” the proposed filing shall

28

be accompanied by an application to file the papers or the portion [PROPOSED] STIPULATED PROTECTIVE ORDER

1

thereof containing the designated information or documents (if

2

such portion is segregable) under seal; and the application shall be

3

directed to the judge to whom the papers are directed. For

4

motions, the parties shall publicly file a redacted version of the

5

motion and ing papers.

6

4.

Treatment of Protected Material. Notwithstanding any other

7 provision herein, this Stipulated Protective Order does not impose any affirmative 8 obligations on the Court or court personnel, who are subject only to the Court’s 9 internal procedures regarding the handling of material filed or lodged under seal. 10 Material designated “Highly Confidential” may not be disclosed except as set forth

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 in paragraph 5 below. Material designated “Confidential” may not be disclosed 12 except as set forth in paragraph 6 below. Protected Material shall be kept in secure 13 facilities, and access to those facilities shall be permitted only to those Persons 14 having proper access thereto under this Stipulated Protective Order. Protected 15 Material shall be used solely for the purposes of this litigation and shall not be used 16 for any business or other purpose. The restrictions on use of Protected Material set 17 forth in this Order shall survive the conclusion of the litigation, and, after 18 conclusion of this litigation, the Court shall retain jurisdiction for the purpose of 19 enforcing this Stipulated Protective Order. 20

5.

Access to Material Designated “Highly Confidential.” Material

21 designated “Highly Confidential” may be disclosed only to the following: 22

(a) Counsel of record for any Party, including in-house counsel;

23

(b) Paralegal, stenographic, clerical, and secretarial personnel regularly

24

employed by counsel listed in (a) above;

25

(c) Court personnel, including stenographic reporters engaged in such

26

proceedings as are necessarily incident to preparation for trial and

27

trial of this action;

28

(d) Personnel of copy service firms or attorney service firms retained [PROPOSED] STIPULATED PROTECTIVE ORDER

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

1

by counsel listed in (a) above in connection with this action;

2

(e) Any independent consultant or expert, not including a Party or a

3

current or former employee of a Party, retained in connection with

4

this action, provided that each such person first acknowledges in

5

writing, under oath, that he or she has read this Stipulated

6

Protective Order and agrees to be bound by its . This

7

acknowledgment shall be made by execution of the Declaration

8

attached hereto as Exhibit A. All such written acknowledgments

9

shall be maintained by counsel making the disclosure of the

10

Protected Material, and shall be provided to the opposing Party’s

11

counsel at the conclusion of this action, upon request; and

12

(f) Any other Person to whom the Producing Person agrees in writing.

13 Nothing in this Order shall prohibit a Party, or Persons employed or formerly 14 employed by or d with such Party, from reviewing the Materials it 15 designates as Highly Confidential, or from reviewing any Materials it has authored 16 or on which it is identified as a recipient. 17

6.

Access to Material Designated “Confidential.” Material designated

18 “Confidential” may be disclosed to any Person listed in paragraph 5 above and, in 19 addition, may be disclosed to a Party; any officer, director, employee, or former 20 employee of a Party; or to any officer, director, employee, or former employee of a 21 parent, subsidiary, or of a Party, disclosure to whom counsel believes in 22 good faith is necessary to assist in the prosecution or defense of this action, 23 provided that such Person agrees to maintain the confidentiality of the information 24 disclosed in accordance with the of this Stipulated Protective Order by 25 execution of the Declaration attached hereto as Exhibit A. 26

7.

Examination of Third Party Witnesses. Any Person may be

27 examined as a witness during a deposition concerning any Protected Material that 28 appears on its face or from other documents or testimony to have been received or [PROPOSED] STIPULATED PROTECTIVE ORDER

1 authored by that Person. During examination, an examining Party may show such 2 a witness such Protected Material. If a Party wishes to examine a witness during a 3 deposition concerning any Protected Material of another Person, and the witness 4 has not previously received, authored, or otherwise had lawful access to such 5 Protected Material, the examining Party shall first obtain the consent of the 6 Producing Person who designated the Material, or their attorneys, if any, and shall 7 require the witness to agree to maintain the confidentiality of the Protected 8 Material in accordance with the of this Stipulated Protective Order by 9 execution of the Declaration attached hereto as Exhibit A. 10

8.

Challenging Confidentiality Designations. By entering into this

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 Stipulated Protective Order, no Party concedes that any Material designated as 12 Protected Material has been properly so designated. Should any Party object to any 13 confidentiality designation, the objecting Party shall provide written notice of the 14 basis for such objection to the Producing Party and shall attempt in good faith to 15 resolve the objection informally with the Producing Party as soon as practicable. If 16 the objection cannot be informally resolved within a reasonable time, the objecting 17 Party may move for an order determining whether the Materials are properly 18 designated, pursuant to Local Rule 37-1, et seq. Until a motion is filed and 19 resolved by the Court, all such Materials shall be treated as Protected Materials. 20 The foregoing is without prejudice to the right of any Person to apply to the Court 21 for modification of this Stipulated Protective Order or for a further protective order 22 relating to Confidential Information. 23

9.

Confidentiality Obligations to Third Parties. In the event that

24 information in the possession or control of a Person from whom discovery is 25 sought involves the confidentiality rights of a non-party or that its disclosure would 26 violate a Protective Order issued in another action, the Person with possession or 27 control of the information will attempt to obtain the consent of the non-party to 28 disclose the information subject to the of this Stipulated Protective Order. If [PROPOSED] STIPULATED PROTECTIVE ORDER

1 the consent of the non-party cannot be obtained, the Person will notify the Party 2 seeking discovery of: (a) the existence of the information without producing such 3 information; (b) the identity of the non-party (provided, however, that such 4 disclosure of the identity of the non-party in and of itself does not violate any 5 confidentiality obligation). The Party seeking discovery may then make further 6 application to the non-party or seek other means to obtain such information. 7

10.

Inadvertent Disclosure of Confidential Information. Inadvertent

8 failure to designate as Protected Material any information pursuant to this Order 9 shall not constitute a waiver of any otherwise valid claim for protection thereof, so 10 long as such designation is asserted promptly following discovery of the

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 inadvertent failure. At such time, arrangements shall be made for the Producing 12 Party to appropriately mark the information in accordance with this Order. 13

11.

Inadvertent Disclosure of Privileged Information. The production

14 (or making available for inspection) of Material without an express written notice 15 of intent to waive the attorney-client privilege or work product immunity or any 16 other applicable privilege or immunity from discovery shall not constitute a waiver 17 of the attorney-client privilege or work product immunity or any other applicable 18 privilege or immunity from discovery, so long as the Producing Person informs the 19 Receiving Person of the identity of the Materials the Producing Person contends 20 are privileged, reasonably promptly after the Producing Person becomes aware of 21 the specific Materials that were allegedly inadvertently produced. If the Receiving 22 Person becomes aware of specific Materials that it believes may be subject to a 23 claim of privilege by the Producing Person, the Receiving Person shall timely 24 notify the Producing Person of these specific Materials. Upon being made aware 25 of these Materials, the Producing Person shall timely designate any such Materials 26 as within the attorney-client privilege or work product immunity or any other 27 applicable privilege or immunity and request return of such Materials to the 28 Producing Person. Upon request by the Producing Person, the Receiving Person [PROPOSED] STIPULATED PROTECTIVE ORDER

1 shall immediately return all copies of such inadvertently produced Material(s), and 2 shall otherwise comply with the provisions of Federal Rule of Civil 3 Procedure 26(b)(5)(B). Nothing herein shall prevent the Receiving Person from 4 challenging the propriety of the attorney-client privilege or work product immunity 5 or other applicable privilege or immunity designation by submitting a written 6 challenge to the Court, but any such challenge shall not assert as a basis the fact or 7 circumstances of the inadvertent production. If a claim is disputed, the Receiving 8 Person shall not use or disclose Materials for which a claim of privilege or 9 immunity is made pursuant to this paragraph for any purpose until the matter is 10 resolved by agreement of the parties or by the Court. This Order constitutes a party

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 agreement within the meaning of Federal Rule of Evidence 502(e), and upon 12 adoption by the Court a court order within the meaning of Federal Rule of 13 Evidence 502(d), and thus supersedes any inconsistent provisions of Federal Rule 14 of Evidence 502(b). 15

12.

Conclusion of Action. This Stipulated Protective Order, insofar as it

16 restricts the communication and use of Confidential Information, shall continue to 17 be binding throughout and after the conclusion of this action, including any 18 appeals. At the conclusion of this action, including appeals, counsel for each Party 19 shall either return to the Producing Person or destroy all Protected Materials, and 20 shall designate in writing that all such materials have in fact been returned or 21 destroyed. Notwithstanding the foregoing, counsel for the Parties need not return 22 or destroy any Protected Material that becomes a part of the Court record in this 23 action, by use as a trial exhibit, inclusion in a court filing, inclusion in any record 24 on appeal, or otherwise. 25

13.

Inissibility. This Stipulated Protective Order, the fact of its

26 adoption or entry, and any provision of this Stipulated Protective Order or attached 27 form shall not be issible for any purpose of this litigation, except to the extent 28 necessary to enforce its . In any such enforcement proceeding, the Court [PROPOSED] STIPULATED PROTECTIVE ORDER

1 shall have the power to award the prevailing party its reasonable attorneys’ fees 2 and expenses in maintaining such proceeding. 3

14.

Miscellaneous. Nothing in this Order shall preclude any party from

4 making any claim of privilege as to any information requested by another party. 5 Failure to designate Material as Protected Material shall not constitute a waiver of 6 any other claim of privilege. 7 8

IT IS SO STIPULATED.

9 10

[PROPOSED] ORDER

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 12

For good cause appearing, IT IS SO ORDERED.

13 14 15 DATED:

July 13, 2011

HON. ROBERT N. BLOCK UNITED STATES MAGISTRATE JUDGE

16 17 18 19 20 DATED: July __, 2011

CRONE HAWXHURST LLP

21 22 23 24

By

/s/ Daryl M. Crone Attorneys for Plaintiffs Oracle America, Inc. and Oracle Credit Corporation

25 26 27 28

[PROPOSED] STIPULATED PROTECTIVE ORDER

1 DATED: July __, 2011

LAW OFFICES OF JOHN J. RAMP

2 3

By John J. Ramp Attorneys for Defendants Michael Mai and Dearborne Circle, LLC

4 5 6 7 DATED: July __, 2011

LAW OFFICES OF BRENDA E. VARGAS

8 9 10

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11

By Brenda E. Vargas Attorneys for Defendants Joshua Van Ginkel, David Cuevas and Certus Group of Companies, LLC

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[PROPOSED] STIPULATED PROTECTIVE ORDER

1

Exhibit A

2

UNITED STATES DISTRICT COURT

3

CENTRAL DISTRICT OF CALIFORNIA

4

SOUTHERN DIVISION

5 ORACLE AMERICA, INC., et al., 6 7 8 9 10

) ) Plaintiffs, ) ) v. ) ) QUIN RUDIN, et al., ) ) Defendants. ) ________________________________ )

CASE NO. CV10-1853 DOC (RNB) DECLARATION CONCERNING T STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 12

I, ___________________, declare as follows:

13

1.

____________________________________________________.

14 15

My address is

2.

I have received a copy of the t Stipulation and Protective Order

16

Re: Confidential Information (“Stipulated Protective Order”) entered

17

by the United States District Court in this lawsuit.

18

3.

I have carefully read and I know the contents of the Stipulated

19

Protective Order, and I agree to be bound by it. I specifically

20

understand and agree that I shall not use or disclose, in public or

21

private, any Protected Materials or Confidential Information or

22

information derived therefrom without the prior written consent of the

23

designating Party or as otherwise set forth in the Stipulated Protective

24

Order or permitted or required by an order of the Court. I agree that I

25

will not keep any originals or copies of any Materials designated

26

“Confidential” or “Highly Confidential” for any purpose, unless such

27

Materials were in my possession prior to the commencement of this

28

litigation. [PROPOSED] STIPULATED PROTECTIVE ORDER

1 2

4.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

3 4 5 6

By: ________________________________ Name: ______________________________ Date: _______________________________

7 8 9 10

CRONE HAWXHURST LLP

10880 WILSHIRE BOULEVARD, SUITE 1150 LOS ANGELES, CALIFORNIA 90024 Tel: (310) 893-5150 ● Fax: (310) 893-5195

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[PROPOSED] STIPULATED PROTECTIVE ORDER