Free Proposed Order - District Court of Delaware - Delaware

Case 1 :07-cv—OO224-GIVIS Document 50 Filed O2/22/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALMA LASERS, LTD., and
ALMA LASERS, INC.,
Plaintiffs,
v. C.A. N0. 07-224-GMS
THERMAGE, INC.
Defendant.
JOINT PROPOSED ADDENDUM TO STIPULATED PROTECTIVE ORDER
l WHEREAS, Plaintiffs Alma Lasers, Ltd., and Alma Lasers, Inc., (collectively "Alma")
and Defendant Thermage, Inc. ("Thermage") entered into a Stipulated Protective Order on
October 2, 2007 (D.I. 30); and
WHEREAS, the parties recognize that it would be beneficial to designate certain
financial doctunents as "Highly Confidential Information" in addition to designating certain
documents “Confidential Information" in order to expedite the production of some of the parties’
highly sensitive financial doctunents without burdensome redactions;
IT IS HEREBY STIPULATED AND AGREED, subject to the approval and order of the
Court, that the following shall govern the treatment of Highly Confidential Infonnation produced
by a party to this action or by a thi1·d—party ("Producing Party" or "Designating Party") to any
other party ("Receiving Party") in the course of this civil action:
I. The term "Highly Confidential Information" shall include personal, financial, and
sales information of the Producing Party. Highly Confidential Information shall be marked by
conspicuously affixing a legend, which includes the words "OUTSIDE ATTORNEYS’ EYES
I DB02:6593500,l 1 066370.100]

Case 1:07-cv—OO224-G|\/IS Document 50 Filed O2/22/2008 Page 2 of 3
ONLY —- HIGHLY CONFIDENTIAL" on each page containing Highly Confidential Informatioi
at the time such documents are produced. Such designation shall be made at the time when the
doctunent or thing, or copy thereof, is provided to the Receiving Party.
2. The Producing Party may also designate deposition transcripts, interrogatory
responses, responses to requests for admission and other documents, or any portions thereof, as
Highly Confidential Information by affixing thereon the legend "HIGHLY CONFIDENTIAL-
OUTSIDE ATTORNEYS’ EYES ONLY."
3. Highly Confidential Information shall not be disclosed to the designated in-house
counsel referenced in paragraph 4(a)(vi) of the Stipulated Protective Order. The designated in-
house counsel, however, is explicitly allowed to review in its entirety any expert report on
damages from the Producing Party, except for any exhibits that constitute Highly Confidential
Information.
4. If a Receiving Party wishes to have the Producing Party re-designate any
particular doctunent from "Highly Confidential Int`ormation" to "Confidential Information,"
including any exhibits to an expert report or papers filed to the Court, the Receiving Party shall
notify the Producing Party by identifying the documents by production number. The Producing
Party will then provide redacted versions of the documents and re—designate the doctunents as
"CONFIDENTIAL."
5. Except as otherwise provided herein, the parties shall treat Highly Confidential
Information as if it were Confidential Information under the Stipulated Protective Order
6. All terms and conditions of the Stipulated Protective Order not specifically
addressed in this Addendum shall continue in full force and effect.
DB02:6593500.1 2 066370.100l

Case 1 :07-cv—OO224-GIVIS Document 50 Filed O2/22/2008 Page 3 of 3
ASHBY & GEDDES YouNc CoNAwAY STARGATT & TAYLOR, LLP
/s/ Steven J Bczlick QLVK/{ Z
Steven J. Balick (#2114) J osy . Ingersoll ( 088)
John G. Day (#2403) Karen L. Pascale (#2903)
Lauren E. Maguire (#4261) Karen E. Keller (#4489)
500 Delaware Avenue, 8m Floor The Brandywine Building
P.O. Box. 1150 1000 West Street, 17th Floor
Wilmington, DE 19899 Wilmington, DE 19801
(302) 654-1888 (302) 571-6600
[email protected] ld Attorneys for Plczintmfv Attorneys for Dejendemt
SO ORDERED this day of , 2008.
United States District Court Judge
477495_l
DBO2:6593500.l 3 O66370.lOOl