Rosseau v. Micron Technology, Inc. ( 2020 )

42.4 UV VUSt SIT PRIN PYVUULTIOCIIL Lu PUM VVtuicy Prayer it Vi ov 1 || LILLIS PITHA LLP Damien P. Lillis (State Bar No. 191258) 2 || 465 California Street, 5" Floor San Francisco, CA 94104 3 || Telephone: (415) 814-0405 Facsimile: (415) 217-7011 4 || Email: dlillis @lp-lawyers.com 5 || LILLIS PITHA LLP Martin L. Pitha (State Bar No. 192447) 6 || 2603 Main Street, Suite 350 Irvine, California 92614 7 || Telephone: (949) 209-9020 Facsimile: (949) 759-1845 8 || Email: mpitha @Ip-lawyers.com 9 || Attorneys for Defendant Micron Technology, Inc. 10 THE VELEZ LAW FIRM, PC 11 |} Mark Velez (SBN 163484) 3010 Lava Ridge Court, Suite 120 12 || Roseville, California 95661 Telephone: (916) 774-2720 13 || Facsimile: (916) 774-2730 Email: velezlaw @ live.com 14 Attorneys for Plaintiff Dennis Rosseau 15 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 20 || DENNIS ROSSEAU, No. 2:20-cv-00437-TLN-DB 21 Plaintiff, STIPULATED PROTECTIVE ORDER FC LITIGATION INVOLVING PATENTS, 22 V. HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE 23 || MICRON TECHNOLOGY INC., an Idaho SECRETS A corporation, and DOES 1-50, inclusive, 5 Defendants. 26 27 28 MwA 2 EOP RING MVE EOC EO OY OVI el 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of confidentia 3 || proprietary, or private information for which special protection from public disclosure and from use f 4 || any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 5 || stipulate to and petition the court to enter the following Stipulated Protective Order. 6 The parties acknowledge that this Order does not confer blanket protections on all disclosures 7 || responses to discovery and that the protection it affords from public disclosure and use extends only t 8 || the limited information or items that are entitled to confidential treatment under the applicable legal 9 || principles. The parties further acknowledge, as set forth in Section 14.4, below, that this Stipulated 10 || Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 14 11 || sets forth the procedures that must be followed and the standards that will be applied when a party sec 12 || permission from the court to file material under seal. 13 2. DEFINITIONS 14 2.1 Challenging Party: a Party or Non-Party that challenges the designation of informatior 15 || or items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 || generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 18 || Civil Procedure 26(c). 19 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well a: 20 || their support staff). 21 2.4 Designated House Counsel: House Counsel who seek access to “HIGHLY 22 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY” information in this matter. 23 2.5 Designating Party: a Party or Non-Party that designates information or items that it 24 || produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 25 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL — SOURCE 26 || CODE”. 27 2.6 Disclosure or Discovery Material: all items or information, regardless of the □□□□□□ 28 || manner in which it is generated, stored, or maintained (including, among other things, testimony, wOAOe 2 CUVEE EOP RING DMV EOC EO OY VV CY 1 || transcripts, and tangible things), that are produced or generated in disclosures or responses to discove 2 || in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the 4 || litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a 5 || consultant in this action, (2) is not a past or current employee of a Party or of a Party’s competitor, an 6 || (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s 7 || competitor. 8 2.8 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” Information or Items: 9 || extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or Non 10 || Party would create a substantial risk of serious harm that could not be avoided by less restrictive mea 11 2.9 “HIGHLY CONFIDENTIAL — SOURCE CODE” Information or Items: extremely 12 || sensitive “Confidential Information or Items” representing computer code and associated comments ¢ 13 || revision histories, formulas, engineering specifications, or schematics that define or otherwise descrit 14 || in detail the algorithms or structure of software or hardware designs, disclosure of which to another 15 || Party or Non-Party would create a substantial risk of serious harm that could not be avoided by 16 || less restrictive means. 17 2.10 House Counsel: attorneys who are employees of a party to this action. House Counsel 18 || does not include Outside Counsel of Record or any other outside counsel. 19 2.11 Non-Party: any natural person, partnership, corporation, association, or other legal ent 20 || not named as a Party to this action. 21 2.12 Qutside Counsel of Record: attorneys who are not employees of a party to this action | 22 || are retained to represent or advise a party to this action and have appeared in this action on behalf of 23 || that party or are affiliated with a law firm which has appeared on behalf of that party. 24 2.13 Party: any party to this action, including all of its officers, directors, employees, 25 |) consultants, retained experts, and Outside Counsel of Record (and their support staffs). 26 2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material 27 || this action. 28 2.15 Professional Vendors: persons or entities that provide litigation support services (e.g., wOAOe 2 CUVEE RING MVE ERO EEO OY TV el 1 || photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing. 2 || retrieving data in any form or medium) and their employees and subcontractors. 3 2.16 Protected Material: any Disclosure or Discovery Material that is designated as 4 || “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” or as 5 || “HIGHLY CONFIDENTIAL — SOURCE CODE.” 6 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a 7 || Producing Party. 8 3. SCOPE 9 The protections conferred by this Stipulation and Order cover not only Protected Material (as 10 || defined above), but also (1) any information copied or extracted from Protected Material; (2) all copie 11 || excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or 12 || presentations by Parties or their Counsel that might reveal Protected Material. However, the protectio 13 || conferred by this Stipulation and Order do not cover the following information: (a) any information tl 14 || is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public 15 || domain after its disclosure to a Receiving Party as a result of publication not involving a violation of 16 || this Order, including 17 || becoming part of the public record through trial or otherwise; and (b) any information known to the 18 || Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a 19 || source who obtained the information lawfully and under no obligation of confidentiality to the 20 || Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement o 21 || order. 22 4. DURATION 23 Even after final disposition of this litigation, the confidentiality obligations imposed by this 24 |} Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 25 || otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 26 || defenses in this action, with or without prejudice; and (2) final judgment herein after the completion OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties °° are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the *° parties reach an agreement on the effect of disclosure of a communication or information covered by attorney-client privilege or work product protection, the parties may incorporate their agreement in th 15 wOAOe 2 CUVEE EOIN ED MVOC PIO Ee OY □□ OV el 1 || stipulated protective order submitted to the court. 2 14. MISCELLANEOUS 3 14.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek 4 || modification by the court in the future. 5 14.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order n 6 || Party waives any right it otherwise would have to object to disclosing or producing any information c 7 || item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any 8 || right to object on any ground to use in evidence of any of the material covered by this Protective Ord 9 14.3. Export Control. Disclosure of Protected Material shall be subject to all applicable laws 10 || and regulations relating to the export of technical data contained in such Protected Material, □□□□□□□□□ 11 || the release of such technical data to foreign persons or nationals in the United States or elsewhere. Th 12 || Producing Party shall be responsible for identifying any such controlled technical data, and the 13 || Receiving Party shall take measures necessary to ensure compliance. 14 14.4 Filing Protected Material. Without written permission from the Designating Party or a 15 || court order secured after appropriate notice to all interested persons, a Party may not file in the public 16 || record in this action any Protected Material. A Party that seeks to file under seal any Protected Materi 17 || must comply with Civil Local Rule 141. Protected Material may only be filed under seal pursuant to ; 18 || court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local 19 || Rule 141, a sealing order will issue only upon a request establishing that the Protected Material at iss 20 || is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a 21 || Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 141 is 22 || denied by the court, then the Receiving Party may file the Protected Material in the public record 23 || pursuant to Civil Local Rule 141 unless otherwise instructed by the court. 24 15. FINAL DISPOSITION 25 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 26 || Receiving Party must return all Protected Material to the Producing Party or destroy such material. A 27 || used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 28 || summaries, and any other format reproducing or capturing any of the Protected Material. Whether the 16 WwOAOW 2.40 VV TRIN ULYL bMVVULTICIIt LY PHU VV to Pays 409 Vicv 1 || Protected Material is returned or destroyed, the Receiving Party must submit a written certification to 2 || the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60-day 3 || deadline that (1) identifies (by category, where appropriate) all the Protected Material that was return 4 || or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 5 || compilations, summaries or any other format reproducing or capturing any of the Protected Material. 6 || Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motio 7 || papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and tr 8 || exhibits, expert reports, attorney work product, and consultant and expert work product, even if such 9 || materials contain Protected Material. Any such archival copies that contain or constitute Protected 10 ||} Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 || Dated: June 12, 2020 LILLIS PITHA LLP 13 By:___/s/ Martin L. Pitha Martin L. Pitha 14 Attorneys for Defendant 5 Micron Technology, Inc. Dated: June 12, 2020 THE VELEZ LAW FIRM, PC 16 By:___/s/ Mark P. Velez 17 Mark Velez Attorneys for Plaintiff 18 (filed with permission) 19 ORDER 20 > Pursuant to the parties’ stipulation, IT IS SO ORDERED. IT IS FURTHER ORDERED THAT: 1. Requests to seal documents shall be made by motion before the same judge who will decid the matter related to that request to seal. 95 2. The designation of documents (including transcripts of testimony) as confidential pursuant 26 this order does not automatically entitle the parties to file such a document with the court under seal. 4 Parties are advised that any request to seal documents in this district is governed by Local Rule 141. 2g brief, Local Rule 141 provides that documents may only be sealed by a written order of the court afte NT wOAOe 2 CUVEE TO EOIN ED MVOC BPI Ee OY tv VI CY 1 || specific request to seal has been made. L.R. 141(a). However, a mere request to seal is not enough 2 || under the local rules. In particular, Local Rule 141(b) requires that “[t]he ‘Request to Seal □□□□□□□□ 3 || shall set forth the statutory or other authority for sealing, the requested duration, the identity, by name 4 || or category, of persons to be permitted access to the document, and all relevant information.” L.R. 5 || 141(b). 6 3. A request to seal material must normally meet the high threshold of showing that 7 || “compelling reasons” support secrecy; however, where the material is, at most, “tangentially related” 8 || the merits of a case, the request to seal may be granted on a showing of “good cause.” Ctr. for Auto 9 || Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City and Cow: 10 || of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 11 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of certait 12 |} documents, at any court hearing or trial — such determinations will only be made by the court at the 13 || hearing or trial, or upon an appropriate motion. 14 5. With respect to motions regarding any disputes concerning this protective order which the 15 || parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251. 16 || Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on 17 || shortened time. 18 6. The parties may not modify the terms of this Protective Order without the court’s approval 19 || If the parties agree to a potential modification, they shall submit a stipulation and proposed order for | 20 || court’s consideration. 21 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of t 22 || terms of this Protective Order after the action is terminated. 23 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 24 || hereby DISAPPROVED. 25 || DATED: June 15, 2020 DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 27 28 18 wOAOe 2 EOIN ED MVOC BPO Ee OY OU VI ee 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, [print or type full name], of [prin 4 || or type full address], declare under penalty of perjury that I have read in its entirety and understand tt 5 || Stipulated Protective Order that was issued by the United States District Court for the Eastern Distric 6 || of California on [date] in the case of DENNIS ROSSEAU v. MICRON TECHNOLOGY INC. (Case 7 || No. 2:20-CV-00437-TLN-DB). I agree to comply with and to be bound by all the terms of this 8 || Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose 9 || me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose 10 || any manner any information or item that is subject to this Stipulated Protective Order to any person o 11 || entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 13 || District of California for the purpose of enforcing the terms of this Stipulated Protective Order, □□□□ 14 || such enforcement proceedings occur after termination of this action. 15 I hereby appoint [print or type full name] of 16 [print or type full address and telephone number] as 17 || my California agent for service of process in connection with this action or any proceedings related tc 18 || enforcement of this Stipulated Protective Order. 19 20 || Date: 21 || City and State where sworn and signed: 22 Printed name: 23 [printed name] 24 || Signature: 95 [signature] 26 27 28 19