UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

DALLAS BUYERS CLUB, LLC, 

Plaintiff, 

Case No.: 3:15-cv-0907-AC 

STIPULATED PROTECTIVE ORDER 

v. 

JOHN HUSZAR 

Defendant. 

One or more of the parties has requested the production of documents or information 

that at least one party considers to be or to contain confidential information, and that are 

subject to protection under Federal Rule of Civil Procedure 26(c). 

The parties agree that good cause exists to protect the confidential nature of the 

information contained in documents, interrogatory responses, responses to requests for 

admission, or deposition testimony. This action concerns copyright violations and piracy of a 

motion picture. The parties expect to exchange documents and information relating to the use 

of computers and possible other sensitive business information. The parties agree that the 

entry of this Stipulated Protective Order ("Protective Order") is warranted to protect against 

disclosure of such documents and information. 

Based upon the above stipulation of the parties, and the Court being duly advised, IT 

IS HEREBY ORDERED as follows: 

I - STIPULATED PROTECTIVE ORDER 

Case 3:15-cv-00907-AC Document 106 Filed 06/30/17 Page 1 of 7
1. All documents, testimony, and other materials produced by the parties in this 

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

materials and documents produced after both of the parties to the case stipulate to this 

protective order by executing this stipulation. 

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, or 

competitive 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 information 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: 

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 

2 - STIPULATED PROTECTIVE ORDER 

Case 3:15-cv-00907-AC Document 106 Filed 06/30/17 Page 2 of 7
as "Confidential," then the non-designating party 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 Comt, 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 Comt, 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" information 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 sealed portion(s) of pleadings, motions, briefs, documents, etc., shall be opened only by 

the Court or by personnel authorized to do so by the Coutt. 

7. Use ofany information, documents, orp01tions 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 ofrecord 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. 

3 - STIPULATED PROTECTIVE ORDER 

Case 3:15-cv-00907-AC Document 106 Filed 06/30/17 Page 3 of 7
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 necessary to further 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 parties 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. 

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 portion of the deposition, hearing or pretrial proceeding. 

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

other party 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 parties 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, 

4 - STIPULATED PROTECTIVE ORDER 

Case 3:15-cv-00907-AC Document 106 Filed 06/30/17 Page 4 of 7
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 Court. 

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 after receiving notice from the producing patty 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 parties, 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 ofa 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 infmmation 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 

5 - STIPULATED PROTECTIVE ORDER 

Case 3:15-cv-00907-AC Document 106 Filed 06/30/17 Page 5 of 7
shall pay the reasonable costs ofresponding 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 nonparty'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 other modifications, subject to order by the Court. 

16. The restrictions on disclosure and use of confidential information 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 terms of this Protective Order. 

So stipulated: 

Isl Carl D. Crowell Isl Michael 0. Stevens 

Carl D. Crowell, OSB #982049 Michael 0. Stevens, OSB no. 095198 

Dated: 0612812017 Dated: June 28, 2017 

The Court 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. // i . , 

IT IS S~()~. ERED. . A I 

DATEDl ffic/jt! ,;v17 ( __ j;J ~~"""'f'Cf'-~~~~~~~~~ 

[Judge'~ signature] , 

I 

6 - STIPULATED PROTECTIVE ORDER 

Case 3:15-cv-00907-AC Document 106 Filed 06/30/17 Page 6 of 7
EXHIBIT A 

!, ___________ , have been advised by counsel ofrecord for 

------------in Oregon Case No. 3: 15-cv-0907-AC, of the 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 

7 - STIPULATED PROTECTIVE ORDER 

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