Carl D. Crowell, OSB No. 982049 

email: carl@crowell-law.com 

CROWELL LAW 

P.O. Box 923 

Salem, OR 97308 

(503) 581-1240 

Of attorneys for plaintiff 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

KILLER JOE NEV ADA, LLC, Case No.: 6:15-cv-00495-ST 

Plaintiff, 

v. PROTECTIVE ORDER 

DOE-24.20.134.179, 

Defendant. 

PROTECTIVE ORDER 

One or more of the parties expects the filing and production of documents or information 

that at least one party considers to be or to contain confidential information subject to protection 

under Federal Rule of Civil Procedure 26(c). 

This action concerns the peer-to-peer exchange of copyrighted material, licensing of such 

material, and the review of computers that are likely to contain personal and confidential 

information. The parties expect to file with the court and exchange documents and information 

relating to the contents and activities associated with the computers of defendant and other 

materials. Good cause exists to protect the confidential nature of the information contained in 

documents, interrogatory responses, responses to requests for admission, settlement discussions, 

1 - PROTECTIVE ORDER 

Case 6:15-cv-00495-ST Document 19 Filed 06/30/15 Page 1 of 8
deposition testimony and other content associated with the defendant's BitTonent activity. The entry 

of this Protective Order is warranted to protect against disclosure of such documents and 

information and to protect the privacy of the parties. 

The Comt being duly advised, IT IS HEREBY ORDERED as follows: 

I. All documents, testimony, and other materials produced by the parties in this 

case and labeled "Confidential" shall be used only in this proceeding. 

2. Use of any information or documents labeled "Confidential" and subject to this 

Protective Order, including all information derived therefrom, shall be restricted solely to the 

litigation of this case and shall not be used by any party for any business, commercial, 

competitive, or other purpose. This Protective Order, however, does not restrict the disclosure or 

use of any information or documents lawfully obtained by the receiving party through means or 

sources outside of this litigation. Should a dispute arise as to any specific information or 

document, the burden shall be on the party claiming that such information or document was 

lawfully obtained through means and sources outside of this litigation. 

3. The parties, and third parties subpoenaed by one of the parties, may designate 

as "Confidential" documents, testimony, written responses, or other materials produced in this 

case if they contain info1mation that the producing party has a good faith basis for asserting is 

confidential under the applicable legal standards. The party shall designate each page of the 

document with a stamp identifying it as "Confidential," if practical to do so. 

4. If portions of documents or other materials deemed "Confidential" or any 

papers containing or making reference to such materials are filed with the Court, they shall be 

filed under seal and marked as follows or in substantially similar form: 

Ill 

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Case 6:15-cv-00495-ST Document 19 Filed 06/30/15 Page 2 of 8
CONFIDENTIAL 

IN ACCORDANCE WITH A PROTECTIVE ORDER, THE ENCLOSURE(S) SHALL 

BE TREATED AS CONFIDENTIAL AND SHALL NOT BE SHOWN TO ANY PERSON 

OTHER THAN THOSE PERSONS DESIGNATED IN PARAGRAPH 7 OF THE 

PROTECTIVE ORDER. 

If a party is filing a document that it has itself designated as "Confidential," that party 

shall reference this Stipulated Protective Order in submitting the documents it proposes to 

maintain under seal. If a non-designating party is filing a document that another party has 

designated as "Confidential," then the non-designating patty shall file the document under seal. 

If the non-designating party makes a request in writing to have the document unsealed and the 

designating party does not file, within ten calendar days, a motion that shows good cause to 

maintain the document under seal, then the Court shall unseal the document. Before seeking to 

maintain the protection of documents filed with the Court, a party must assess whether redaction 

is a viable alternative to complete nondisclosure. 

5. Within thirty (30) days after receipt of the final transcript of the deposition of 

any party or witness in this case, a party or the witness may designate as "Confidential" any 

portion of the transcript that the party or witness contends discloses confidential information. If a 

transcript containing any such material is filed with the Court, it shall be filed under seal and 

marked in the manner described in paragraph 4. Unless otherwise agreed, all deposition 

transcripts shall be treated as "Confidential" until the expiration of the thirty-day period. 

6. "Confidential" infonnation and documents subject to this Protective Order shall 

not be filed with the Court or included in whole or in part in pleadings, motions, briefs, etc., filed 

in this case, except when any portion(s) of such pleadings, motions, briefs, etc. have been filed 

under seal by counsel and marked in the same manner as described in paragraph 4 above. Such 

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Case 6:15-cv-00495-ST Document 19 Filed 06/30/15 Page 3 of 8
sealed portion(s) of pleadings, motions, briefs, documents, etc., shall be opened only by the 

Court or by persmmel authorized to do so by the Court. 

7. Use of any information, documents, or portions of documents marked 

"Confidential," including all information derived therefrom, shall be restricted solely to the 

following persons, who agree to be bound by the terms of this Protective Order, unless additional 

persons are stipulated by counsel or authorized by the Court: 

a. Outside counsel of record for the parties, and the administrative staff of outside counsel's 

firms. 

b. In-house counsel for the parties, and the administrative staff for each in-house counsel. 

c. Any party to this action who is an individual, and every employee, director, officer, or 

manager of any party to this action who is not an individual, but only to the extent 

necessary to further the interest of the parties in this litigation. 

d. Independent consultants or expert witnesses (including partners, associates and 

employees of the firm which employs such consultant or expert) retained by a party or 

its attorneys for purposes of this litigation, but only to the extent necessa1y to fu1ther the 

interest of the parties in this litigation. 

e. The Court and its personnel, including, but not limited to, stenographic reporters 

regularly employed by the Court and stenographic reporters not regularly employed by 

the Court who are engaged by the Court or the patties during the litigation of this action. 

f. The authors and the original recipients of the documents. 

g. Any court reporter or videographer reporting a deposition. 

h. Employees of copy services, microfilming or database services, trial support firms 

and/or translators who are engaged by the parties during the litigation of this action. 

4 - PROTECTIVE ORDER 

Case 6:15-cv-00495-ST Document 19 Filed 06/30/15 Page 4 of 8
8. Prior to being shown any documents produced by another party marked 

"Confidential," any person listed under paragraph 7(c) or 7(d) shall agree to be bound by the 

terms of this Order by signing the agreement attached as Exhibit A. 

9. Whenever information designated as "Confidential" pursuant to this Protective 

Order is to be discussed by a party or disclosed in a deposition, hearing, or pre-trial proceeding, 

the designating party may exclude from the room any person, other than persons designated in 

paragraph 8, as appropriate, for that pmtion of the deposition, hearing or pre- trial proceeding. 

10. Each party reserves the right to dispute the confidential status claimed by any 

other patty or subpoenaed party in accordance with this Protective Order. If a party believes that 

any documents or materials have been inappropriately designated by another party or 

subpoenaed party, that party shall confer with counsel for the designating party. As part of that 

conferral, the designating party must assess whether redaction is a viable alternative to complete 

non-disclosure. If the patties are unable to resolve the matter informally, a party may file an 

appropriate motion before the Court requesting that the Court determine whether the Protective 

Order covers the document in dispute. Regardless of which party files the motion, the party 

seeking to protect a document from disclosure bears the burden of establishing good cause for 

why the document should not be disclosed. A party who disagrees with another party's 

designation must nevertheless abide by that designation until the matter is resolved by agreement 

of the parties or by order of the Conrt. 

11. The inadvertent failure to designate a document, testimony, or other material as 

"Confidential" prior to disclosure shall not operate as a waiver of the party's right to later 

designate the document, testimony, or other material as "Confidential." The receiving party or 

its counsel shall not disclose such documents or materials if that party knows or reasonably 

should know that a claim of confidentiality would be made by the producing party. Promptly 

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Case 6:15-cv-00495-ST Document 19 Filed 06/30/15 Page 5 of 8
after receiving notice from the producing party of a claim of confidentiality, the receiving party 

or its counsel shall inform the producing party of all pertinent facts relating to the prior 

disclosure of the newly-designated documents or materials, and shall make reasonable efforts to 

retrieve such documents and materials and to prevent further disclosure. 

12. Designation by either party of information or documents as "Confidential," or 

failure to so designate, will not be constitute an admission that information or documents are or 

are not confidential or trade secrets. Neither party may introduce into evidence in any 

proceeding between the paiiies, other than a motion to determine whether the Protective Order 

covers the information or documents in dispute, the fact that the other party designated or failed 

to designate information or documents as "Confidential." 

13. Upon the request of the producing party or third party, within 30 days after the 

entry of a final judgment no longer subject to appeal on the merits of this case, or the execution 

of any agreement between the parties to resolve amicably and settle this case, the parties and any 

person authorized by this Protective Order to receive confidential information shall return to the 

producing party or third party, or destroy, all information and documents subject to this 

Protective Order. Returned materials shall be delivered in sealed envelopes marked 

"Confidential" to respective counsel. The party requesting the return of materials shall pay the 

reasonable costs of responding to its request. Notwithstanding the foregoing, counsel for a party 

may retain archival copies of confidential documents. 

14. This Protective Order shall not constitute a waiver of any party's or non- party's 

right to oppose any discovery request or object to the admissibility of any document, testimony 

or other information. 

15. Nothing in this Protective Order shall prejudice any party from seeking 

amendments to expand or restrict the rights of access to and use of confidential information, or 

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Case 6:15-cv-00495-ST Document 19 Filed 06/30/15 Page 6 of 8
other modifications, subject to order by the Court. 

16. The restrictions on disclosure and use of confidential inf01mation shall survive 

the conclusion of this action and this Court shall retain jurisdiction of this action after its 

conclusion for the purpose of enforcing the te1ms of this Protective Order. 

The Comt has reviewed the reasons offered in support of entry of this Stipulated 

Protective Order and finds that there is good cause to protect the confidential nature of certain 

information. Accordingly, the Court adopts the above Stipulated Protective Order in this action. 

IT IS SO ORDERED. 

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Case 6:15-cv-00495-ST Document 19 Filed 06/30/15 Page 7 of 8
EXHIBIT A 

!,, ___________ ,have been advised by counsel ofrecord for 

------------in Killer Joe Nevada v. Doe: 6:16-cv-00495-ST, 

0 ft he protective order governing the delivery, publication, and disclosure of confidential 

documents and information produced in this litigation. I have read a copy of the protective 

order and agree to abide by its terms. 

Signed 

Printed 

Name Date 

8 - PROTECTIVE ORDER 

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