Preview
6/3/2021
TRAIN OR FAIRBROOK Superior Cout of California
JOHN D. FAIRBROOK (SBN 105115) County of Butte
234
jfairbrook@trainorfairbrook.com IF IF
980 Fulton Avenue
California 95 825
L 06/16/2021 L
Sacramento,
Telephone: (916) 929-7000 E E
Facsimile: (916) 929-7111 D Kimberly Flener. Clerk D
bas:6876.001.2299176.1
By Deputy
Electronically FILED
Attorneys for Defendants
JOHN P. REHKLAU; LES A. REHKLAU and
67009
REBECCA J. REHKLAU
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
10
THE S.P. THOMAS COWANY OF
95825
11 Case No. 20CV02405
NORTHERN CALIFORNIA, a California
(916) 929-7000
TRAINOR FAIRBROOK
929—71 11
960 FULTON AVENUE
SACRAMENTO, CALIFORNIA
12 corporation, STIPULATED CONFIDENTIAL
AIKurneys at Law
PROTECTIVE ORDER RE
(916)
13 Plaintiff, CONFIDENTIAL INFORMATION
Telephone:
Facsimile:
14 v.
15 JOHN P. REHKLAU; LES A. REHKLAU; Complaint Filed: 12/8/2020
REBECCA J. REHKLAU; and DOES 1~20,
16 inclusive, Trial Date: None set
17 Defendants.
18
19
20
21
22
23
24
25
26
27
28
STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL
INFORMATION
Electronically Filed
Plaintiff and Defendants (collectively, the "Parties", or, separately, a "Party"), by and
through their respective undersigned counsel, hereby stipulate and agree to the request for, and
entry of, the following Protective Order:
l. As used herein, "Confidential" material includes all documents, magnetic or
electronic media, or tangible things of any Party or non-party that contains or comprises
confidential, business, financial, proprietary, trade secret, research, private, development,
production, technical or commercial information of any kind, type, or character, produced or
submitted during the course of this action either by a Party or by a nonparty to or for either of the
Parties, that is designated as "Confidential" pursuant to Paragraph 5. All "Confidential" material
10 shall be governed by this Protective Order.
All discovery materials
95825
11 2. designated as “Confidential” pursuant to the terms of this
(916) 929-7000
TRAINOR FAIRBROOK
(916) 929~7111
980 FULTON AVENUE
SACRAMENTO, CALIFORNIA
12 Protective Order in this case shall be used solely for the purposes of the above-captioned action,
Aunmeys at Law
13 S.P. Thomas Company of Northern California v. John P. Rehklau, et a1, Butte County Superior
Telephone:
Facsimile:
14 Court Case No. 20CV02405 (the "Litigation"), and for no other purpose, including, without
15 limitation, any business or competitive purpose or any voluntary submission to any governmental
16 or administrative agency.
17 3. Any information or materials produced by any Party or nonparty as part of
18 discovery in the Litigation may be designated by such Party or nonparty as "Confidential" under
19 the terms of this Protective Order, and shall be governed by the terms of this Protective Order.
20 4. Information or materials designated as "Confidential" may be disclosed only as set
21 forth herein for the purposes of the Litigation, and must be protected against disclosure to third
22 parties. Absent a specific order by the Court, once designated as "Confidential," such designated
23 information shall not be disclosed to anyone except as provided herein and shall be used solely in
24 connection with the Litigation, and not for any business, competitive, personal, or
governmental
25 other purpose or function.
26 5. The designation of information or material as "Confidential" for purposes of this
27 Protective Order shall be made in the following manner by the
Party or nonparty seeking
28 protection:
STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL
I
- I -
INFORMATION
a. In the case of documents, exhibits, briefs, memoranda, interrogatory
responses, responses to requests for admission, or other like materials (apart from depositions or
other pre-hearing or hearing testimony): by affixing to the first page of the document and on each
4
page containing any confidential information or material at the time such documents are produced
56700
or such information is disclosed, or as soon thereafter as the Party or nonparty seeking protection
becomes aware of the confidential nature of the information or material disclosed and sought to
be protected hereunder, a legend that includes the following language:
CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER
9 b. In the case of depositions or other pre-hearing or hearing testimony: (i) by
10 a statement on the record, by counsel, during such deposition or other
pre-hearing or hearing
95825
11 proceeding that the entire transcript or a portion thereof shall be designated as "Confidential," as
(916) 929-7000
TRAINOR FAIRBROOK
(916) 929-7111
980 FULTON AVENUE
SACRAMENTO. CALIFORNIA
12 appropriate, hereunder; or (ii) by written notice of such designation, specifying page and line
Attorneys at Law
13 number of the transcript that is "Confidential," sent by counsel to all Parties within twenty-one
Telephone:
Facsimile:
14 (21) days after the mailing (via overnight mail) to counsel of the certified transcript of the
15 deposition. During a deposition, the deponent or his counsel, or any other counsel of record
16 present at the deposition, may invoke the provisions of this Protective Order in a timely manner,
17 giving adequate warning to counsel for the Party or nonparty that testimony about to be given is
18 deemed ”Confidential." The Parties may modify this procedure for any particular deposition or
19 proceeding through agreement on the record at such deposition or proceeding or otherwise by
20 written stipulation, without further order of the Court.
21 c. In the event that a deponent, or counsel, designates any of a
portion
22 deposition as "Confidential" pursuant to this section, it shall be incumbent on the party
23 designating the deposition, or portion thereof, to send to all Parties a notice identifying by page
24 and line number, the portions of the deposition transcript that the designating party deems
25 "Confidential" pursuant to this section.
26 d. In the case of (i) entry onto land or premises or (ii) medical examination of
27 an individual: by written notice of such designation sent by counsel to all Parties no later than
28 three (iii) days prior to either (A) the entry onto land or premises or medical examination,
(B) the
STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL -2 -
INFORMATION
as applicable; and
e. In the case of inspection of tangible materials: by affixing the legend set
forth in Paragraph 5(a) either to the tangible thing, or if affixing the legend is not reasonably
possible, by associating the legend set forth in Paragraph 5(a) with the tangible thing to be
inspected by any means reasonable under the circumstances.
6. Information or material designated as "Confidential," or copies or extracts
therefrom and compilations and summaries thereof, may not be disclosed, summarized, described,
characterized, or otherwise communicated or made available in Whole or in part except to the
following persons:
10 a. Parties’ counsel of record in the Litigation and regular and temporary
95825
11 employees, service providers or independent contractors of such counsel to whom it is necessary
(916) 929-7000
TRAINOR FAIRBROOK
(916) 92911 11
980 FULTON AVENUE
SACRAMENTO, CALIFORNIA
12 that the information or material be shown for the purposes of the Litigation;
Attorneys at Law
13 b. Parties and employees of the Parties whose assistance is needed by counsel
Telephone:
Facsimile:
14 of record for the purposes of the Litigation and conditioned upon compliance with paragraph 8
15 herein;
16 c. Consultants as defined in paragraph 7 herein;
17 d. the Court;
18 e. court reporters employed in connection with the Litigation;
19 f. graphics or design services retained by counsel of record for a Party solely
20 for purposes of preparing demonstrative or other exhibits for deposition,
hearings or other
21 proceedings in this Litigation, subject to and conditioned upon compliance with paragraph 8
22 herein;
23 g. mediators, arbitrators, and neutrals agreed upon by the Parties or appointed
24 by the Court;
25 h. any other person only upon order of the Court or upon written consent of
26 the Party producing the confidential information or material, subject to and conditioned upon
27 compliance with paragraph 8 herein.
28 7. For purposes of paragraph 6(c) herein, a "Consultant" is defined as a person who is
STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL - 3 -
INFORMATION
retained or employed as a bona fide consultant or expert for purposes of the Litigation, whether
full or part time, by or at the direction of counsel for a Party, who is neither a current employee of
either a Party, nor anticipated to become such an employee.
8. All persons listed in paragraphs 6(b), 6(0), 6(e), 6(1), 6(g), and 6(h) above may be
given access to information or material designated as "Confidential," provided that they first
confirm their understanding and agreement to abide by the terms of this Protective Order by
completing and signing a copy of the acknowledgement and agreement to be bound
("Acknowledgement") in the form attached hereto as Exhibit A. A file of all such written
Acknowledgements shall be maintained by the Party obtaining them and its counsel of record.
10 9. If material designated as "Confidential" is to be the subject of an oral deposition of
95825
11 witnesses not previously entitled to access thereto under Paragraph 6, the following procedures
(916) 929-7000
TRAINOR FAIRBROOK
(916) 929-7111
980 FULTON AVENUE
SACRAMENTO. CALIFORNIA
12 apply. The Party seeking to use material designated as "Confidential” during a deposition shall,
Attorneys at Law
‘
13 prior to showing the witness any document or material designated as "Confidential," attempt to
Telephone:
Facsimile:
14 obtain from the nonparty witness a signed Acknowledgement or, if the non-party witness refuses
15 to then provide a signed Acknowledgement, attempt to obtain oral affirmation by the non-party
16 witness on the record that the non-party witness agrees to abide by all terms of the
17 Acknowledgement. If the witness still refuses to agree to abide by the terms of the
18 acknowledgment, then the confidential materials may be used during the deposition. This
19 paragraph shall not prohibit the use of "Confidential" documents or materials of a Party in the
20 oral examination of a deponent if from the face of the document or material containing the
21 "Confidential" designation it indicates that the deponent was the author or a recipient of the
22 document or material.
23 10. A Party’s designation of material as "Confidential" pursuant to this Protective
24 Order may be challenged by any other Party at any time during this
proceeding by appropriate
25 motion and/or application to the Court. Until a dispute over the asserted designation is finally
26 resolved by the Parties or the Court, all Parties and persons shall treat the information or materials
27 in question as designated as "Confidential."
28 11. All counsel for the Parties who have access to information or material designated
STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL - 4 -
INFORMATION
as "Confidential" under this Protective Order acknowledge they are bound by this Order and
submit to the jurisdiction of the Butte County Superior Court for purposes
234
of enforcing this
Order.
12. Entering into, agreeing to, and/or producing or receiving information or material
designated as ”Confidential" or otherwise complying with the terms of this Protective Order shall
6 not:
7 a. operate as an admission by any Party that any particular information or
material designated as ”Confidential" contains or reflects trade secrets, proprietary or
commercially sensitive information, information covered by any individual’s right of privacy, or
10 any other type of confidential information;
95825
11 b. operate as an admission by any Party that the restrictions and procedures
(916) 929-7000
TRAINOR FAIRBROOK
(916) 929-7111
980 FULTON AVENUE
SACRAMENTO, CALIFORNIA
12 set forth herein constitute or do not constitute adequate protection for
any particular information
Attorneys al Law
13 deemed by any Party to be "Confidential”;
Telephone:
Facsimile:
14 c. prejudice in any way the rights of the Parties to object to the production of
15 documents they consider not subject to discovery;
16 d. prejudice in any way the rights of any Party to object to the authenticity or
17 admissibility into evidence of any document, testimony or other evidence subject to this
18 Protective Order;
19 e. prejudice in any way the rights of a Party to seek a determination by the
20 Court whether any information or material should be subject to the terms of this Protective Order;
21 f. prejudice in any way the rights of a Party to petition the Court for a further
22 protective order relating to any purportedly confidential information; or
23 g. prevent the Parties to this Protective Order from agreeing in writing or on
24 the record during a deposition or hearing in the Litigation to alter or waive the
provisions or
25 protections provided for herein with respect to any particular information or material.
26 13. This Protective Order has no effect upon, and shall not apply to, a Party’s use or
27 disclosure of its own confidential information for any purpose. Nothing contained herein shall
28 impose any restrictions on the use or disclosure by a Party of documents, information or material
STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL - 5 -
INFORMATION
designated as "Confidential" obtained lawfully by such Party independently of any proceedings in
the Litigation, or which:
a. was already known to such Party by lawful means prior to acquisition
from, or disclosure by, the other Party in the Litigation;
b. is or becomes publicly known through no fault or act of such Party; or
6 c. is rightfully received by such Party from a third party which has authority
7 to provide such information or material and without restriction as to disclosure.
8 15. Any inadvertent production of material that is subject to a claim of privilege or is
9 "Confidential" under the terms of this Protective Order shall constitute neither a waiver of
10 privilege pursuant to California Evidence Code section 912 nor a waiver of any rights under this
I0
N
3
11 Protective Order.
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o 3—".h-
zzm' 12 16. The terms of this Protective Order shall apply to all manner and means of
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Preview
6/3/2021 TRAIN OR FAIRBROOK Superior Cout of California JOHN D. FAIRBROOK (SBN 105115) County of Butte 234 jfairbrook@trainorfairbrook.com IF IF 980 Fulton Avenue California 95 825 L 06/16/2021 L Sacramento, Telephone: (916) 929-7000 E E Facsimile: (916) 929-7111 D Kimberly Flener. Clerk D bas:6876.001.2299176.1 By Deputy Electronically FILED Attorneys for Defendants JOHN P. REHKLAU; LES A. REHKLAU and 67009 REBECCA J. REHKLAU SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE 10 THE S.P. THOMAS COWANY OF 95825 11 Case No. 20CV02405 NORTHERN CALIFORNIA, a California (916) 929-7000 TRAINOR FAIRBROOK 929—71 11 960 FULTON AVENUE SACRAMENTO, CALIFORNIA 12 corporation, STIPULATED CONFIDENTIAL AIKurneys at Law PROTECTIVE ORDER RE (916) 13 Plaintiff, CONFIDENTIAL INFORMATION Telephone: Facsimile: 14 v. 15 JOHN P. REHKLAU; LES A. REHKLAU; Complaint Filed: 12/8/2020 REBECCA J. REHKLAU; and DOES 1~20, 16 inclusive, Trial Date: None set 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION Electronically Filed Plaintiff and Defendants (collectively, the "Parties", or, separately, a "Party"), by and through their respective undersigned counsel, hereby stipulate and agree to the request for, and entry of, the following Protective Order: l. As used herein, "Confidential" material includes all documents, magnetic or electronic media, or tangible things of any Party or non-party that contains or comprises confidential, business, financial, proprietary, trade secret, research, private, development, production, technical or commercial information of any kind, type, or character, produced or submitted during the course of this action either by a Party or by a nonparty to or for either of the Parties, that is designated as "Confidential" pursuant to Paragraph 5. All "Confidential" material 10 shall be governed by this Protective Order. All discovery materials 95825 11 2. designated as “Confidential” pursuant to the terms of this (916) 929-7000 TRAINOR FAIRBROOK (916) 929~7111 980 FULTON AVENUE SACRAMENTO, CALIFORNIA 12 Protective Order in this case shall be used solely for the purposes of the above-captioned action, Aunmeys at Law 13 S.P. Thomas Company of Northern California v. John P. Rehklau, et a1, Butte County Superior Telephone: Facsimile: 14 Court Case No. 20CV02405 (the "Litigation"), and for no other purpose, including, without 15 limitation, any business or competitive purpose or any voluntary submission to any governmental 16 or administrative agency. 17 3. Any information or materials produced by any Party or nonparty as part of 18 discovery in the Litigation may be designated by such Party or nonparty as "Confidential" under 19 the terms of this Protective Order, and shall be governed by the terms of this Protective Order. 20 4. Information or materials designated as "Confidential" may be disclosed only as set 21 forth herein for the purposes of the Litigation, and must be protected against disclosure to third 22 parties. Absent a specific order by the Court, once designated as "Confidential," such designated 23 information shall not be disclosed to anyone except as provided herein and shall be used solely in 24 connection with the Litigation, and not for any business, competitive, personal, or governmental 25 other purpose or function. 26 5. The designation of information or material as "Confidential" for purposes of this 27 Protective Order shall be made in the following manner by the Party or nonparty seeking 28 protection: STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL I - I - INFORMATION a. In the case of documents, exhibits, briefs, memoranda, interrogatory responses, responses to requests for admission, or other like materials (apart from depositions or other pre-hearing or hearing testimony): by affixing to the first page of the document and on each 4 page containing any confidential information or material at the time such documents are produced 56700 or such information is disclosed, or as soon thereafter as the Party or nonparty seeking protection becomes aware of the confidential nature of the information or material disclosed and sought to be protected hereunder, a legend that includes the following language: CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER 9 b. In the case of depositions or other pre-hearing or hearing testimony: (i) by 10 a statement on the record, by counsel, during such deposition or other pre-hearing or hearing 95825 11 proceeding that the entire transcript or a portion thereof shall be designated as "Confidential," as (916) 929-7000 TRAINOR FAIRBROOK (916) 929-7111 980 FULTON AVENUE SACRAMENTO. CALIFORNIA 12 appropriate, hereunder; or (ii) by written notice of such designation, specifying page and line Attorneys at Law 13 number of the transcript that is "Confidential," sent by counsel to all Parties within twenty-one Telephone: Facsimile: 14 (21) days after the mailing (via overnight mail) to counsel of the certified transcript of the 15 deposition. During a deposition, the deponent or his counsel, or any other counsel of record 16 present at the deposition, may invoke the provisions of this Protective Order in a timely manner, 17 giving adequate warning to counsel for the Party or nonparty that testimony about to be given is 18 deemed ”Confidential." The Parties may modify this procedure for any particular deposition or 19 proceeding through agreement on the record at such deposition or proceeding or otherwise by 20 written stipulation, without further order of the Court. 21 c. In the event that a deponent, or counsel, designates any of a portion 22 deposition as "Confidential" pursuant to this section, it shall be incumbent on the party 23 designating the deposition, or portion thereof, to send to all Parties a notice identifying by page 24 and line number, the portions of the deposition transcript that the designating party deems 25 "Confidential" pursuant to this section. 26 d. In the case of (i) entry onto land or premises or (ii) medical examination of 27 an individual: by written notice of such designation sent by counsel to all Parties no later than 28 three (iii) days prior to either (A) the entry onto land or premises or medical examination, (B) the STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL -2 - INFORMATION as applicable; and e. In the case of inspection of tangible materials: by affixing the legend set forth in Paragraph 5(a) either to the tangible thing, or if affixing the legend is not reasonably possible, by associating the legend set forth in Paragraph 5(a) with the tangible thing to be inspected by any means reasonable under the circumstances. 6. Information or material designated as "Confidential," or copies or extracts therefrom and compilations and summaries thereof, may not be disclosed, summarized, described, characterized, or otherwise communicated or made available in Whole or in part except to the following persons: 10 a. Parties’ counsel of record in the Litigation and regular and temporary 95825 11 employees, service providers or independent contractors of such counsel to whom it is necessary (916) 929-7000 TRAINOR FAIRBROOK (916) 92911 11 980 FULTON AVENUE SACRAMENTO, CALIFORNIA 12 that the information or material be shown for the purposes of the Litigation; Attorneys at Law 13 b. Parties and employees of the Parties whose assistance is needed by counsel Telephone: Facsimile: 14 of record for the purposes of the Litigation and conditioned upon compliance with paragraph 8 15 herein; 16 c. Consultants as defined in paragraph 7 herein; 17 d. the Court; 18 e. court reporters employed in connection with the Litigation; 19 f. graphics or design services retained by counsel of record for a Party solely 20 for purposes of preparing demonstrative or other exhibits for deposition, hearings or other 21 proceedings in this Litigation, subject to and conditioned upon compliance with paragraph 8 22 herein; 23 g. mediators, arbitrators, and neutrals agreed upon by the Parties or appointed 24 by the Court; 25 h. any other person only upon order of the Court or upon written consent of 26 the Party producing the confidential information or material, subject to and conditioned upon 27 compliance with paragraph 8 herein. 28 7. For purposes of paragraph 6(c) herein, a "Consultant" is defined as a person who is STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL - 3 - INFORMATION retained or employed as a bona fide consultant or expert for purposes of the Litigation, whether full or part time, by or at the direction of counsel for a Party, who is neither a current employee of either a Party, nor anticipated to become such an employee. 8. All persons listed in paragraphs 6(b), 6(0), 6(e), 6(1), 6(g), and 6(h) above may be given access to information or material designated as "Confidential," provided that they first confirm their understanding and agreement to abide by the terms of this Protective Order by completing and signing a copy of the acknowledgement and agreement to be bound ("Acknowledgement") in the form attached hereto as Exhibit A. A file of all such written Acknowledgements shall be maintained by the Party obtaining them and its counsel of record. 10 9. If material designated as "Confidential" is to be the subject of an oral deposition of 95825 11 witnesses not previously entitled to access thereto under Paragraph 6, the following procedures (916) 929-7000 TRAINOR FAIRBROOK (916) 929-7111 980 FULTON AVENUE SACRAMENTO. CALIFORNIA 12 apply. The Party seeking to use material designated as "Confidential” during a deposition shall, Attorneys at Law ‘ 13 prior to showing the witness any document or material designated as "Confidential," attempt to Telephone: Facsimile: 14 obtain from the nonparty witness a signed Acknowledgement or, if the non-party witness refuses 15 to then provide a signed Acknowledgement, attempt to obtain oral affirmation by the non-party 16 witness on the record that the non-party witness agrees to abide by all terms of the 17 Acknowledgement. If the witness still refuses to agree to abide by the terms of the 18 acknowledgment, then the confidential materials may be used during the deposition. This 19 paragraph shall not prohibit the use of "Confidential" documents or materials of a Party in the 20 oral examination of a deponent if from the face of the document or material containing the 21 "Confidential" designation it indicates that the deponent was the author or a recipient of the 22 document or material. 23 10. A Party’s designation of material as "Confidential" pursuant to this Protective 24 Order may be challenged by any other Party at any time during this proceeding by appropriate 25 motion and/or application to the Court. Until a dispute over the asserted designation is finally 26 resolved by the Parties or the Court, all Parties and persons shall treat the information or materials 27 in question as designated as "Confidential." 28 11. All counsel for the Parties who have access to information or material designated STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL - 4 - INFORMATION as "Confidential" under this Protective Order acknowledge they are bound by this Order and submit to the jurisdiction of the Butte County Superior Court for purposes 234 of enforcing this Order. 12. Entering into, agreeing to, and/or producing or receiving information or material designated as ”Confidential" or otherwise complying with the terms of this Protective Order shall 6 not: 7 a. operate as an admission by any Party that any particular information or material designated as ”Confidential" contains or reflects trade secrets, proprietary or commercially sensitive information, information covered by any individual’s right of privacy, or 10 any other type of confidential information; 95825 11 b. operate as an admission by any Party that the restrictions and procedures (916) 929-7000 TRAINOR FAIRBROOK (916) 929-7111 980 FULTON AVENUE SACRAMENTO, CALIFORNIA 12 set forth herein constitute or do not constitute adequate protection for any particular information Attorneys al Law 13 deemed by any Party to be "Confidential”; Telephone: Facsimile: 14 c. prejudice in any way the rights of the Parties to object to the production of 15 documents they consider not subject to discovery; 16 d. prejudice in any way the rights of any Party to object to the authenticity or 17 admissibility into evidence of any document, testimony or other evidence subject to this 18 Protective Order; 19 e. prejudice in any way the rights of a Party to seek a determination by the 20 Court whether any information or material should be subject to the terms of this Protective Order; 21 f. prejudice in any way the rights of a Party to petition the Court for a further 22 protective order relating to any purportedly confidential information; or 23 g. prevent the Parties to this Protective Order from agreeing in writing or on 24 the record during a deposition or hearing in the Litigation to alter or waive the provisions or 25 protections provided for herein with respect to any particular information or material. 26 13. This Protective Order has no effect upon, and shall not apply to, a Party’s use or 27 disclosure of its own confidential information for any purpose. Nothing contained herein shall 28 impose any restrictions on the use or disclosure by a Party of documents, information or material STIPULATED CONFIDENTIAL PROTECTIVE ORDER RE CONFIDENTIAL - 5 - INFORMATION designated as "Confidential" obtained lawfully by such Party independently of any proceedings in the Litigation, or which: a. was already known to such Party by lawful means prior to acquisition from, or disclosure by, the other Party in the Litigation; b. is or becomes publicly known through no fault or act of such Party; or 6 c. is rightfully received by such Party from a third party which has authority 7 to provide such information or material and without restriction as to disclosure. 8 15. Any inadvertent production of material that is subject to a claim of privilege or is 9 "Confidential" under the terms of this Protective Order shall constitute neither a waiver of 10 privilege pursuant to California Evidence Code section 912 nor a waiver of any rights under this I0 N 3 11 Protective Order. x 018‘— O UJ<°: o 3—".h- zzm' 12 16. The terms of this Protective Order shall apply to all manner and means of Zzmmmg m3>0mm m-