Preview
2
MARC L. JACUZZI. State
SARAI I B.
JOSEPI-I
LIJCAS,
L.J.APPEL,
SLate
State
Bar No.
Bar No. 1
173220
4871 3
Bar No. 276946
F~ KS8
SAN M47FO COUNTY
Simpson, Garrity, Innes k, Jacuzzi, P.C.
2 175 N. California Blvd., Suite 710 N S 7 313
i»Val nut Creek, CA 94596
4 Tel: 925.322.8889
Fax: 925.332.8890
Attorneys for Plainti 1I
IlVIPACT PAPER 8c INK, I.TD.
.6
DAVIDR. GRIFFITH, State Bar No. 170 1 72
'7 Stewart, Humphreys, Molin k. Griffith LI.P
P. O. Box 720
8 Chico, CA 95927
Telephone: 530.89 1.61 I1
9 Facsimile: 530.894.2103
Attorneys for Defendants
1 0 Alan Sajadi and Pacific Business Supplies
SUPERIOR COURT OF THE STATE OF CAI IFORNIA
IF ANB FOR THE COUNTV OI»'A'»»I iHA fEO
l4 IMPACT PAPER k INK LTD.» Case No. CIV53 1 938
Pl ainti ff, STIPULATED PROTECTIVE ORDER
A~)I OR~ER
V..
l7 ALAN SAJADI:, PACIFIC BUSINESS SIJPPI.IFS
and DOES 1 through 10 inclusive,
18
Defendants. Complaint Filed: December 3 0,20 1 4
19
2]
26
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npL ~,r'»1
'» )! Ii»)r! (: '»i ')iw.)i'i< @AD c)'(! )i
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I IVfIEREAS, in the course of thislitigation disclosure may be sought ot information which
2 either Plaintiff Impact Paper A, Inl<, I 'I'D. ("Plaintift"), Dclentlant
Alan Sajadi ("SaIadi") or
3 Defendant Pacific Business Supplies ("PBS') (collectively, "Dcfcndants") regard as being of a
4 confidential nature due to protections aflorded to trade secrets and/or confidential business
.5 information (hereinafter referred to as "Confidential Inlormation"); and
6 %13EREAS, thc parties desire to establish a mechanism to prevent the unauthorized
7 'isclosure of Conlidential Information;
I'IIS I-II";RERY STIPIJI.ATED and agreed by and betv een the pa!ties hereto, through their
9 respective counsel of record, that the followi!:g shall govern the disclosure of Confidential
Io Information in thisaetio!1:
A. All original and copies of transcripts of depositions, exhibits, answers to
inteiTogatories, requests for admissions and requests for documents, and all documents, materials,
l3 tangible things and information obtained by inspection ol tilesor facilities or byproduction of
l4 documents in this action that sct forth, referto, or contain any information that a producing party
15 in good fai1h belicvcs contain Confidential Information (hereinafter rcfcrred to as "Confidential
Information") niay be designated by the producing paly, or by either the l)clcndants or Plaintiff if
17 such information is requested from a third-party, as provided under thisOrder, as
l8 '-CONHDENTIAL."
I () B. Any information designated as "CONFIl)L'N'I'IAI."and all inl'ormation derived
20 therefrom shall be used only for the purpose of this liiigation„and shall not bc used for any
2l business, financial or other purpos" whatsoever. Provided however, that none of the restrictions
?2 set forth in thi» Order shall apply to any Confidential Inlormation thai is or becomes public
knowledge by means not in violation of this Order or applic«blc law.
C. Information designated as "CONFIDENTIAL"shall b" used solely for th" purposes
~5 of this action and shall not be given, shown, made available or communicated in any way to any
'26 person or entity vvith the exception of'the attorneys of record for thc parties, the employees of such
27 «ttorncys, thc non-employee service providers to such attorneys, the parties,the Court and Court
28 personnel (including court reporters, persons operating video recording equipmcnt at depositions,
any court reporter(s) employed by either party in this action, and any special mastei or incdia(or
2 appointed by the Court) and the following "qualified persons": any expert witness or consultant
3 employed by the attorney uf record I'or anyparty, the employ ees of any such expert witness or
I
consultant, and any non-party witness atany dcposilion or other proceeding in thi» action, Prior to
5 receiving any CONFIDFNTIAL information, each 'qualified person" shall be provided «ith a
6 copy of this Order and shall execute a non-disclosure agreement in the form of Attachment A.
D. Tn desi documents which liavc been designated as "CONFIDENTIAL,"or any pleading or memorandum
7 purporting to reproduce, paraphrase, discuss or otherwise forth such
set. 'CONI'IDENTIAI."
information shall follow the procedures setforth in California Rules of Court 2.550 and 2.55 l.
9 Thc documents shall clearly indicate which portions are designated to bc confidential. A copy of
l0 this Stipulated Protective Order and Order shall bc submitted with the filed materials.
ll G. ln thc cvcnt that any information designated as "CONFIDENTIAI."is used by ailv
l2 party in any court proceeding in this action,it shall not lose its confidenfial status through such
i,3 usc, and each party shall take all reasonable steps to maintain its confidentiality during such use.
Ii. Any court reporter who transcribes the testimony in this action at a deposition shall
be notilied by service of this Protective Order, before transcribing any such testinioiiy, that all
l6 "CONFIDENTIAL"testimony is and shall remain confidential and shall not be disclosed except to
l7 thc attorneys of'record and any other person who is present while such testintony is being given;
tfxai copiesof any transcript, reporter's notes or any other l.ranscriptionrecords of any silcli
l.9 testimony shall bc retained in absolute confidentiality and safckecping by such shorthand reporte
"0 or shall be delivered ro (hc attorney of'record or filed wi(h the Court.
I. If, subsequent (o a party's designation of any deposition transcript, exhibit., ansvers
to interrogatories. requests for admissions or requests for docurncnts, or any other document as
23 "CONFII)I-:NTIAL,"it shall appear to the other party thatany such information is not of a. nature
warranting the protection affoided hcrcundcr. the party, after meeting and conferring vviththe'5
other party about the "CONF'IDENTIAL"designation, may brin>~ anoticed motion to be relieved
2Q entirely or in part fioin the provision of'this Order.
J. Any "CONFIDF'.NTIAL'nformation ll1ay be used by any party at any trial of this
action subject to the rules of evidence, the requirements of this C)rder, or such other Order as tlie I
I
1 Court may enter.
K. 'I'hc designation by counsel for the parties of any docuincnt. material or information
3 as constituting or containing Confidential Information is intended solely to facilitatethe
4 preparation and!rial of this case, and such designation shall not bc construed in any way as an
S admission nr agreement by any party that thc designated disclosure constitutes or contains any
6 Coniidential Information in contemplation of law.
7 L. Nothing in the foregoing provisions ol thisProtective Order shall bc deemed to
8 preclude any party from seeking and obtaining, upon an appropriate showing, such additional
9 protection with respect to thc confidentiality of documents or other discovery material as thatparty
10 may consider appropriate,
ll M. Within twenty (20) days of the final disposition of this action the attorneys of
12 record lor the parties shall return io the party or witness tioni whom it obtained, all iteniswhich
13 have been marked "CONFII')I.NTIAJ.."and all copies tiiereof. I fowevcr. each party's attorneys of
14 record may retain onc record copy of any items flied v ith thc Court upon»oticc to the other
15 attorneys of record of such retentio» and subject to thc terms of thisOrder.
16 N. For the purpose of this Protective Order, "attorneys nf record" or "counsel" shall
17 mean the attorneys and law firms for any party oi patties iii thisaction, including all attorneys,
l
18 parapro fcssionals, clerks.,secretaries and investigators employed by such a!! orneys and law firms.
19 O. No part of the restrictions imposed by this Protective Order may he terniinated,
20 except by the written stip»la! ion executed by counsel ol record for each designating party, or by an
21 order of this Court for good c;iuse shov, n. This order shall survive the final termination of this
22 action and the court shall retain jurisdiction to resolve any dispute concerning the use of
23 in formation disclosed hereunder. T'e (crmination of this action sha! I not automatically terminate
24 the effectiveness ol'this Protective Order.
25
26
27 4),
28
P. The parties agree to be bound by the terms and conditions of this Stipulated
3 Protective Order and Order thereon immediately upon execution by their counsel of record.
6 Dated: January ).It „2016 Respectfully submitted,
SIMPSON, GARRITY, INNES 4, JACUZZI, P.C.
8
MARC L". JA''|'„"I, .
SARAH E.
JOSEPH
Attorneys
LUC
L.J., 'L,
for Plaintiff
IMPACT PAPER 4 INK, LTI3.,
Dated: January <$ .2016 STEWAR'I', HUMPHREYS, MOLIN k GRIFFITH, I.LP
By„'AVIDR. GRIFFITH
Attorney for Defendants
ALAN SAJADI and PACIFIC BUSINESS SUPPLIES
'2039>I-2 00342396.DOC
I )
STIPULA'rrD vRO rrc.rIvr ORDER AND ORDER
AYTACIl[MVNT
NONMSCLOSURK AGRKKMKNT
, do solemnly swear that I am fully familiar with the terms of
4 the Stipulated Protective Order and Order thereon entered in lAfPAC7'APER d': IDYLL LTD, v.
5 ALANSA.JADI, e{ al.,San Mateo County Superior Court Case No. CIV531 938, and hereby agree
6'o comply with and be bound by the terms and conditions of said Stipulated Protec! ive Order and
7 Order thereon unless and until modified by further order of San Mateo County Superior Court. I
hereby consent to the jur!'sdictionof said Court for purposes of enforcing thisOrder.
{)
1 Dafedi
Name
13
16
l7
19
I‘d
1;:
Dated:
Dated:
Pursuant
Pursuant
IT IS
to the
SO ORDFRFD.
SO
/
ORDERED.
Z
above stipulation,
the above
A;
stipulation,
ORDER
KDGE
/
FUDGE OF THE SUPERIOR
,
/ /
SUPERIOR COURT
j'w
l7
j8
I9
5
a
1292?.%3£‘{3;£2}%;§?0<31 .3 .
S! ‘i’ULATiCD PRU'E‘EC'HV", OR JLR, AND
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Preview
2 MARC L. JACUZZI. State SARAI I B. JOSEPI-I LIJCAS, L.J.APPEL, SLate State Bar No. Bar No. 1 173220 4871 3 Bar No. 276946 F~ KS8 SAN M47FO COUNTY Simpson, Garrity, Innes k, Jacuzzi, P.C. 2 175 N. California Blvd., Suite 710 N S 7 313 i»Val nut Creek, CA 94596 4 Tel: 925.322.8889 Fax: 925.332.8890 Attorneys for Plainti 1I IlVIPACT PAPER 8c INK, I.TD. .6 DAVIDR. GRIFFITH, State Bar No. 170 1 72 '7 Stewart, Humphreys, Molin k. Griffith LI.P P. O. Box 720 8 Chico, CA 95927 Telephone: 530.89 1.61 I1 9 Facsimile: 530.894.2103 Attorneys for Defendants 1 0 Alan Sajadi and Pacific Business Supplies SUPERIOR COURT OF THE STATE OF CAI IFORNIA IF ANB FOR THE COUNTV OI»'A'»»I iHA fEO l4 IMPACT PAPER k INK LTD.» Case No. CIV53 1 938 Pl ainti ff, STIPULATED PROTECTIVE ORDER A~)I OR~ER V.. l7 ALAN SAJADI:, PACIFIC BUSINESS SIJPPI.IFS and DOES 1 through 10 inclusive, 18 Defendants. Complaint Filed: December 3 0,20 1 4 19 2] 26 ,'s)e<-:!;''"'>,'8~» eo». npL ~,r'»1 '» )! Ii»)r! (: '»i ')iw.)i'i< @AD c)'(! )i »4 I IVfIEREAS, in the course of thislitigation disclosure may be sought ot information which 2 either Plaintiff Impact Paper A, Inl<, I 'I'D. ("Plaintift"), Dclentlant Alan Sajadi ("SaIadi") or 3 Defendant Pacific Business Supplies ("PBS') (collectively, "Dcfcndants") regard as being of a 4 confidential nature due to protections aflorded to trade secrets and/or confidential business .5 information (hereinafter referred to as "Confidential Inlormation"); and 6 %13EREAS, thc parties desire to establish a mechanism to prevent the unauthorized 7 'isclosure of Conlidential Information; I'IIS I-II";RERY STIPIJI.ATED and agreed by and betv een the pa!ties hereto, through their 9 respective counsel of record, that the followi!:g shall govern the disclosure of Confidential Io Information in thisaetio!1: A. All original and copies of transcripts of depositions, exhibits, answers to inteiTogatories, requests for admissions and requests for documents, and all documents, materials, l3 tangible things and information obtained by inspection ol tilesor facilities or byproduction of l4 documents in this action that sct forth, referto, or contain any information that a producing party 15 in good fai1h belicvcs contain Confidential Information (hereinafter rcfcrred to as "Confidential Information") niay be designated by the producing paly, or by either the l)clcndants or Plaintiff if 17 such information is requested from a third-party, as provided under thisOrder, as l8 '-CONHDENTIAL." I () B. Any information designated as "CONFIl)L'N'I'IAI."and all inl'ormation derived 20 therefrom shall be used only for the purpose of this liiigation„and shall not bc used for any 2l business, financial or other purpos" whatsoever. Provided however, that none of the restrictions ?2 set forth in thi» Order shall apply to any Confidential Inlormation thai is or becomes public knowledge by means not in violation of this Order or applic«blc law. C. Information designated as "CONFIDENTIAL"shall b" used solely for th" purposes ~5 of this action and shall not be given, shown, made available or communicated in any way to any '26 person or entity vvith the exception of'the attorneys of record for thc parties, the employees of such 27 «ttorncys, thc non-employee service providers to such attorneys, the parties,the Court and Court 28 personnel (including court reporters, persons operating video recording equipmcnt at depositions, any court reporter(s) employed by either party in this action, and any special mastei or incdia(or 2 appointed by the Court) and the following "qualified persons": any expert witness or consultant 3 employed by the attorney uf record I'or anyparty, the employ ees of any such expert witness or I consultant, and any non-party witness atany dcposilion or other proceeding in thi» action, Prior to 5 receiving any CONFIDFNTIAL information, each 'qualified person" shall be provided «ith a 6 copy of this Order and shall execute a non-disclosure agreement in the form of Attachment A. D. Tn desi documents which liavc been designated as "CONFIDENTIAL,"or any pleading or memorandum 7 purporting to reproduce, paraphrase, discuss or otherwise forth such set. 'CONI'IDENTIAI." information shall follow the procedures setforth in California Rules of Court 2.550 and 2.55 l. 9 Thc documents shall clearly indicate which portions are designated to bc confidential. A copy of l0 this Stipulated Protective Order and Order shall bc submitted with the filed materials. ll G. ln thc cvcnt that any information designated as "CONFIDENTIAI."is used by ailv l2 party in any court proceeding in this action,it shall not lose its confidenfial status through such i,3 usc, and each party shall take all reasonable steps to maintain its confidentiality during such use. Ii. Any court reporter who transcribes the testimony in this action at a deposition shall be notilied by service of this Protective Order, before transcribing any such testinioiiy, that all l6 "CONFIDENTIAL"testimony is and shall remain confidential and shall not be disclosed except to l7 thc attorneys of'record and any other person who is present while such testintony is being given; tfxai copiesof any transcript, reporter's notes or any other l.ranscriptionrecords of any silcli l.9 testimony shall bc retained in absolute confidentiality and safckecping by such shorthand reporte "0 or shall be delivered ro (hc attorney of'record or filed wi(h the Court. I. If, subsequent (o a party's designation of any deposition transcript, exhibit., ansvers to interrogatories. requests for admissions or requests for docurncnts, or any other document as 23 "CONFII)I-:NTIAL,"it shall appear to the other party thatany such information is not of a. nature warranting the protection affoided hcrcundcr. the party, after meeting and conferring vviththe'5 other party about the "CONF'IDENTIAL"designation, may brin>~ anoticed motion to be relieved 2Q entirely or in part fioin the provision of'this Order. J. Any "CONFIDF'.NTIAL'nformation ll1ay be used by any party at any trial of this action subject to the rules of evidence, the requirements of this C)rder, or such other Order as tlie I I 1 Court may enter. K. 'I'hc designation by counsel for the parties of any docuincnt. material or information 3 as constituting or containing Confidential Information is intended solely to facilitatethe 4 preparation and!rial of this case, and such designation shall not bc construed in any way as an S admission nr agreement by any party that thc designated disclosure constitutes or contains any 6 Coniidential Information in contemplation of law. 7 L. Nothing in the foregoing provisions ol thisProtective Order shall bc deemed to 8 preclude any party from seeking and obtaining, upon an appropriate showing, such additional 9 protection with respect to thc confidentiality of documents or other discovery material as thatparty 10 may consider appropriate, ll M. Within twenty (20) days of the final disposition of this action the attorneys of 12 record lor the parties shall return io the party or witness tioni whom it obtained, all iteniswhich 13 have been marked "CONFII')I.NTIAJ.."and all copies tiiereof. I fowevcr. each party's attorneys of 14 record may retain onc record copy of any items flied v ith thc Court upon»oticc to the other 15 attorneys of record of such retentio» and subject to thc terms of thisOrder. 16 N. For the purpose of this Protective Order, "attorneys nf record" or "counsel" shall 17 mean the attorneys and law firms for any party oi patties iii thisaction, including all attorneys, l 18 parapro fcssionals, clerks.,secretaries and investigators employed by such a!! orneys and law firms. 19 O. No part of the restrictions imposed by this Protective Order may he terniinated, 20 except by the written stip»la! ion executed by counsel ol record for each designating party, or by an 21 order of this Court for good c;iuse shov, n. This order shall survive the final termination of this 22 action and the court shall retain jurisdiction to resolve any dispute concerning the use of 23 in formation disclosed hereunder. T'e (crmination of this action sha! I not automatically terminate 24 the effectiveness ol'this Protective Order. 25 26 27 4), 28 P. The parties agree to be bound by the terms and conditions of this Stipulated 3 Protective Order and Order thereon immediately upon execution by their counsel of record. 6 Dated: January ).It „2016 Respectfully submitted, SIMPSON, GARRITY, INNES 4, JACUZZI, P.C. 8 MARC L". JA''|'„"I, . SARAH E. JOSEPH Attorneys LUC L.J., 'L, for Plaintiff IMPACT PAPER 4 INK, LTI3., Dated: January <$ .2016 STEWAR'I', HUMPHREYS, MOLIN k GRIFFITH, I.LP By„'AVIDR. GRIFFITH Attorney for Defendants ALAN SAJADI and PACIFIC BUSINESS SUPPLIES '2039>I-2 00342396.DOC I ) STIPULA'rrD vRO rrc.rIvr ORDER AND ORDER AYTACIl[MVNT NONMSCLOSURK AGRKKMKNT , do solemnly swear that I am fully familiar with the terms of 4 the Stipulated Protective Order and Order thereon entered in lAfPAC7'APER d': IDYLL LTD, v. 5 ALANSA.JADI, e{ al.,San Mateo County Superior Court Case No. CIV531 938, and hereby agree 6'o comply with and be bound by the terms and conditions of said Stipulated Protec! ive Order and 7 Order thereon unless and until modified by further order of San Mateo County Superior Court. I hereby consent to the jur!'sdictionof said Court for purposes of enforcing thisOrder. {) 1 Dafedi Name 13 16 l7 19 I‘d 1;: Dated: Dated: Pursuant Pursuant IT IS to the SO ORDFRFD. SO / ORDERED. Z above stipulation, the above A; stipulation, ORDER KDGE / FUDGE OF THE SUPERIOR , / / SUPERIOR COURT j'w l7 j8 I9 5 a 1292?.%3£‘{3;£2}%;§?0<31 .3 . S! ‘i’ULATiCD PRU'E‘EC'HV", OR JLR, AND ()v35:{