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River City Media, LLC v. Kromtech Alliance Corp.

United States District Court, E.D. Washington

February 6, 2018

RIVER CITY MEDIA, LLC, a Wyoming limited liability company, MARK FERRIS, an individual, MATT FERRIS, an individual, and AMBER PAUL, an individual, Plaintiffs,
v.
KROMTECH ALLIANCE CORPORATION, a German corporation, CHRIS VICKERY, an individual, CXO MEDIA, INC., a Massachusetts corporation, INTERNATIONAL DATA GROUP, INC., a Massachusetts corporation, and STEVE RAGAN, an individual, and DOES 1-50, Defendants.

          PROTECTIVE ORDER

          Stanley A. Bastian United States District Judge

         1. This Order shall govern “CONFIDENTIAL INFORMATION, ” which term shall refer to documents, material or information produced in connection with the lawsuit and designated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS' EYES ONLY” in accordance with this Order, including, but not limited to, any type of document or testimony; any taped, recorded, written or typed matter, including the originals and all marked copies, whether different from the originals by reason of any notation made on such copies or otherwise; all deposition testimony; all interrogatories, documents requests, and requests for admission, including all responses thereto; and any physical objects or other items or any other information gained by inspection of any tangible thing.

         The parties desire that CONFIDENTIAL INFORMATION designated in accordance with this Order shall be treated according to the terms of this Order, and the dissemination of the information in the CONFIDENTIAL INFORMATION is restricted as provided herein.

         2. Each page of CONFIDENTIAL INFORMATION that a party designates shall be stamped with the legend “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS' EYES ONLY” prior to its production or, if inadvertently produced without such legend, by promptly upon discovery furnishing written notice to the receiving party that the information or document shall be treated as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS' EYES ONLY” under this Order. Any stamping or marking shall be made so as not to interfere with the legibility of each such stamped or marked document.

a. “CONFIDENTIAL”: The “CONFIDENTIAL” designation shall be limited to confidential information that is used by a party in, or pertaining to, its business, which information is generally not known and which that party would normally not reveal to third parties or, if disclosed, would require such third parties to maintain in confidence. “Confidential Information'' as used herein means: trade secrets or other confidential research, development, or commercial information that the designating party believes to be of a proprietary business, financial, or technical nature, and not readily available to competitors or potential competitors, and information of employees who are not parties to this lawsuit.
b. “CONFIDENTIAL-ATTORNEYS' EYES ONLY”: The “CONFIDENTIAL-ATTORNEYS' EYES ONLY” designation shall be limited to highly confidential information of the most sensitive nature, which if disclosed to persons of expertise in the area would reveal significant technical or business advantages of the producing or designating party, and which includes as a major portion subject matter that is believed to be unknown to the opposing party, or any employees of the opposing party, including any confidential personnel or financial information (including any account or credit card information) of a party or third-party.

         3. CONFIDENTIAL INFORMATION does not include documents, material or information that are:

a. independently developed by the receiving party without use of or reliance upon any of the disclosing party's CONFIDENTIAL INFORMATION;
b. rightfully acquired by the receiving party from an independent source, without restrictions as to use or obligations as to confidence;
c. prior to disclosure, rightfully in the possession or knowledge of the receiving party without restrictions of confidentiality;
d. publicly available in substantially the same form in which it was provided by the disclosing party claiming confidentiality;
e. required by law to be made available to third parties; or
f. public knowledge by means not in violation of this Order.

         4. Documents designated as “CONFIDENTIAL” may be used by the party receiving it only for purposes of this lawsuit and may not be disclosed to any person without the prior written consent of the party ...


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