Opinion
Civil Action 1:21-cv-07957-LAK 1:21-cv-07955-LAK 1:21- cv-07959-LAK
05-31-2022
MARVEL CHARACTERS, INC., Plaintiff, v. LAWRENCE D. LIEBER, Defendant. LAWRENCE D. LIEBER, Counter claimant, v. MARVEL CHARACTERS, INC., and DOES 1-10, inclusive, Counterclaim-Defendant MARVEL CHARACTERS, INC., Plaintiff, v. PATRICK S. DITKO, in his capacity as Administrator of the Estate of Stephen J. Ditko, Defendant. PATRICK S. DITKO, IN HIS CAPACITY AS ADMINISTRATOR OF THE ESTATE OF STEPHEN J. DITKO, Counter claimant, v. MARVEL CHARACTERS, INC. and DOES 1-10, inclusive, Counterclaim-Defendants. MARVEL CHARACTERS, INC., Plaintiff, v. KEITH A. DETTWILER, in his capacity as Executor of the Estate of Donald L. Heck, Defendant. KEITH A. DETTWILER, in his capacity as Executor of the Estate of Donald L. Heck Counter claimant, v. MARVEL CHARACTERS, INC. and DOES 1-10, inclusive, Counterclaim-Defendants.
[PROPOSED] STIPULATED PROTECTIVE ORDER
1. A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles.
B. GOOD CAUSE STATEMENT
This action is likely to involve personal, artistic, financial, and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information may consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure understate or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and to serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, nonpublic manner, and there is good cause why it should not be part of the public record of this case.
2. DEFINITIONS