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Fiber, LLC v. Ciena Communications, Inc.

United States District Court, D. Colorado

April 22, 2016

FIBER, LLC, a Wyoming limited liability company Plaintiff/Counterdefendant
v.
CIENA COMMUNICATIONS, INC., a Delaware corporation, CIENA CORPORATION, a Delaware corporation Defendants/Counterclaimants; and FINISAR CORPORATION, a Delaware Corporation Defendant-Intervenor FIBER, LLC, a Wyoming limited liability company Plaintiff/Counterdefendant
v.
VIAVI SOLUTIONS INC., f/k/a JDS Uniphase Corporation, LUMENTUM HOLDINGS INC., LUMENTUM INC., AND LUMENTUM OPERATIONS LLC, a Delaware limited liability company Defendants/Counterclaimants

For Fiber, LLC: George G. Matava Donald E. Lake, III Thomas A. Dougherty Steven M. Shape Lewis Brisbois Bisgaard & Smith LLP

For Ciena Communications, Inc., Ciena Corp., Viavi Solutions Inc., f/k/a JDS Uniphase Corporation, Lumentum Holdings, Inc., Lumentum Inc., and Lumentum Operations LLC: Ken Leibman Joel Sayres Faegre Baker Daniels LLP

For Finisar Corporation: David C. Radulescu Tigran Vardanian Etai Lahav Michael D. Sadowitz Radulescu LLP

CONFIDENTIALITY AND PROTECTIVE ORDER

KRISTEN L. MIX U.S. MAGISTRATE JUDGE

Before the court is the joint motion of the parties for the entry of a confidentiality and protective order ("Protective Order"). After careful consideration, it is hereby ORDERED as follows:

1. Classified Information

"Classified Information" means any information of any type, kind, or character that is designated as "Confidential, " "Attorneys' Eyes Only, " or "Attorneys' Eyes Only-Source Code" by any of the supplying or receiving persons, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, or otherwise.

2. Qualified Persons

"Qualified Persons" means:

a. For "Attorneys' Eyes Only" information:

i. retained counsel for the parties in this litigation and their respective staff;
ii. (a) one in-house counsel for each party, who is actively involved in the prosecution or defense of this case and who, prior to any disclosure of Attorneys' Eyes Only information to such person, has been designated in writing with notice to all counsel and has signed a document agreeing to be bound by the terms of this Protective Order (such signed document to be maintained by the attorney designating such person);
(b) provided, however, that notwithstanding the forgoing subparagraph ii(a), where the producing party is a defendant in this matter, in-house counsel for any and all other defendants shall not be considered a r "Qualified Person" with respect to such producing party defendant's "Attorneys' Eyes Only" materials, and shall not have access to such materials absent agreement in writing by the producing party defendant. The designated in-house counsel for all defendants shall at all times be considered "Qualified Persons" with respect to materials produced by plaintiff Fiber, LLC and any counter-defendant; and
(c) provided that Aron B. Katz shall not be designated pursuant to paragraph 2(a)(ii).
iii. independent experts or consultants (and their administrative or clerical staff) engaged in connection with this litigation (which shall not include the current employees, officers, members, or agents of parties or affiliates of parties), subject to the objection period set out in paragraph 11(b), where the party seeking to disclose information has provided written notice that includes:
1. the name of the person;
2. the present employer and title of the person;
3. an up-to-date curriculum vitae;
4. a list of current and past consulting relationships undertaken within the last four years; and
5. a signed copy of the person's "Declaration of Confidentiality" (Exhibit A) to be bound by the terms of this Protective Order (such signed declaration to be maintained by the attorney retaining such person); and
iv. this court and its staff and any other tribunal or dispute resolution officer duly appointed or assigned in connection with this litigation;
v. litigation vendors, court reporters, and other third party professional litigation support personnel who have signed the "Declaration of Confidentiality" (Exhibit A) (such signed declaration to be maintained by the attorney retaining such person).

b. For "Attorneys' Eyes Only-Source Code" information":

i. the persons identified in paragraph 7(d) below, subject to the restrictions of that paragraph.

c. For Confidential information:

i. the persons identified in subparagraph 2(a);
ii. the party, if a natural person;
iii. if the party is an entity, such officers or employees of the party who are actively involved in the prosecution or defense of this case who, prior to any disclosure of Confidential information to such person, have been designated in writing by notice to all counsel and have signed a document agreeing to be bound by the terms of this Protective Order (such signed document to be maintained by the attorney designating such person);
iv. any person who was an author, addressee, or intended or authorized recipient of the Confidential information and who agrees to keep the information confidential, provided that such persons may see and ...

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