Nanolabs, Inc. v. Coinbase Global, Inc. — Entry #36: Order
Case: Nanolabs, Inc. v. Coinbase Global, Inc. cand · 3:23-cv-00844
filed February 24, 2023
What this document is
Docket entry #36 · filed August 22, 2023
Order. Signed 8/22/2023 by Magistrate Judge Joseph C. Spero granting 35 Stipulated Protective Order.(klh, COURT STAFF) (Filed on 8/22/2023) (Entered: 08/22/2023)
Who is involved
- Coinbase Global, Inc.
- Nanolabs, Inc.
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- CleanSpark: its name “CleanSpark” appears in a filing in this case.
…$42.5M CleanSpark continues to pursue growth in a sector ripe for…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 27, 2026. Federal court filings are public records.
Document text
17 page(s), 66,488 characters, converted from the PDF's text layer · plain text.
Full text
Case 3:23-cv-00844-JCS Document 36 Filed 08/22/23 Page 1 of 17
Michael L. Rodenbaugh (SBN 179059)
1
Jonathan Frost (SBN 273189)
2 RODENBAUGH LAW
548 Market Street, Box 55819
3 San Francisco, CA 94104
4 Phone: (415) 738-8087
5 Attorneys for Plaintiff
NANOLABS, INC.
6
7 IN THE UNITED STATES DISTRICT COURT
8 FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
10
NANOLABS, INC., Case No.: 3:23-cv-00844-JCS
11
12 Plaintiff,
STIPULATED PROTECTIVE ORDER FOR
United States District Court
v. LITIGATION INVOLVING HIGHLY
13 SENSITIVE CONFIDENTIAL INFORMATION
COINBASE GLOBAL, INC., AND/OR TRADE SECRETS
14
15 Defendant.
Northern District of California
16 And related counterclaims.
17
18
19 1. PURPOSES AND LIMITATIONS
20 Disclosure and discovery activity in this action are likely to involve production of
21 confidential, proprietary, or private information for which special protection from public
22 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
23 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
24 Protective Order. The parties acknowledge that this Order does not confer blanket protections on
25 all disclosures or responses to discovery and that the protection it affords from public disclosure
26 and use extends only to the limited information or items that are entitled to confidential treatment
27 under the applicable legal principles. The parties further acknowledge, as set forth in Section 14.4,
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1 below, that this Stipulated Protective Order does not entitle them to file confidential information
2 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards
3 that will be applied when a party seeks permission from the court to file material under seal.
4 2. DEFINITIONS
5 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or
6 items under this Order.
7 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated,
8 stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure
9 26(c).
10 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as
11 their support staff).
12 2.4 Designated House Counsel: House Counsel who seek access to “HIGHLY
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13 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information in this matter.
14 2.5 Designating Party: a Party or Non-Party that designates information or items that it
15 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
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16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.
17 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or
18 manner in which it is generated, stored, or maintained (including, among other things, testimony,
19 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in
20 this matter.
21 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the
22 litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant
23 in this action, (2) is not a past or current employee of a Party or of a Party’s competitor, and (3) at the time
24 of retention, is not anticipated to become an employee of a Party or of a Party’s competitor.
25 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:
26 extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or Non-Party
27 would create a substantial risk of serious harm that could not be avoided by less restrictive means.
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1 2.10 House Counsel: attorneys who are employees of a party to this action. House Counsel does
2 not include Outside Counsel of Record or any other outside counsel.
3 2.11 Non-Party: any natural person, partnership, corporation, association, or other legal entity
4 not named as a Party to this action.
5 2.12 Outside Counsel of Record: attorneys who are not employees of a party to this action but
6 are retained to represent or advise a party to this action and have appeared in this action on behalf of that
7 party or are affiliated with a law firm which has appeared on behalf of that party.
8 2.13 Party: any party to this action, including all of its officers, directors, employees,
9 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
10 2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in
11 this action.
12 2.15 Professional Vendors: persons or entities that provide litigation support services (e.g.,
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13 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or
14 retrieving data in any form or medium) and their employees and subcontractors.
15 2.16 Protected Material: any Disclosure or Discovery Material that is designated as
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16 “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
17 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing
18 Party.
19 3. SCOPE
20 The protections conferred by this Stipulation and Order cover not only Protected Material (as
21 defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
22 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
23 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
24 conferred by this Stipulation and Order do not cover the following information: (a) any information that is
25 in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain
26 after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order,
27 including becoming part of the public record through trial or otherwise; and (b) any information known to
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1 the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a
2 source who obtained the information lawfully and under no obligation of confidentiality to the Designating
3 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
4 4. DURATION
5 Even after final disposition of this litigation, the confidentiality obligations imposed by this Order
6 shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise
7 directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this
8 action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all
9 appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any
10 motions or applications for extension of time pursuant to applicable law.
11 5. DESIGNATING PROTECTED MATERIAL
12 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-
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13 Party that designates information or items for protection under this Order must take care to limit any such
14 designation to specific material that qualifies under the appropriate standards. To the extent it is practical to
15 do so, the Designating Party must designate for protection only those parts of material, documents, items,
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16 or oral or written communications that qualify – so that other portions of the material, documents, items, or
17 communications for which protection is not warranted are not swept unjustifiably within the ambit of this
18 Order.
19 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be
20 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or
21 retard the case development process or to impose unnecessary expenses and burdens on other parties)
22 expose the Designating Party to sanctions.
23 If it comes to a Designating Party’s attention that information or items that it designated for
24 protection do not qualify for protection at all or do not qualify for the level of protection initially asserted,
25 that Designating Party must promptly notify all other parties that it is withdrawing the mistaken
26 designation.
27 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g.,
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1 second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
2 Material that qualifies for protection under this Order must be clearly so designated before the
3 material is disclosed or produced.
4 Designation in conformity with this Order requires:
5 (a) for information in documentary form (e.g., paper or electronic documents, but excluding
6 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend
7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that
8 contains protected material. If only a portion or portions of the material on a page qualifies for protection,
9 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
10 markings in the margins) and must specify, for each portion, the level of protection being asserted.
11 A Party or Non-Party that makes original documents or materials available for inspection need not
12 designate them for protection until after the inspecting Party has indicated which material it would like
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13 copied and produced. During the inspection and before the designation, all of the material made available
14 for inspection shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
15 inspecting Party has identified the documents it wants copied and produced, the Producing Party must
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16 determine which documents, or portions thereof, qualify for protection under this Order. Then, before
17 producing the specified documents, the Producing Party must affix the appropriate legend
18 (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that
19 contains Protected Material. If only a portion or portions of the material on a page qualifies for protection,
20 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
21 markings in the margins) and must specify, for each portion, the level of protection being asserted.
22 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating
23 Party identify on the record, before the close of the deposition, hearing, or other proceeding, all protected
24 testimony and specify the level of protection being asserted. When it is impractical to identify separately
25 each portion of testimony that is entitled to protection and it appears that substantial portions of the
26 testimony may qualify for protection, the Designating Party may invoke on the record (before the
27 deposition, hearing, or other proceeding is concluded) a right to have up to 21 days to identify the specific
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1 portions of the testimony as to which protection is sought and to specify the level of protection being
2 asserted. Only those portions of the testimony that are appropriately designated for protection within the 21
3 days shall be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating
4 Party may specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that the
5 entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
6 EYES ONLY.”
7 Parties shall give the other parties notice if they reasonably expect a deposition, hearing or other
8 proceeding to include Protected Material so that the other parties can ensure that only authorized
9 individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at
10 those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its
11 designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
12 Transcripts containing Protected Material shall have an obvious legend on the title page that the
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13 transcript contains Protected Material, and the title page shall be followed by a list of all pages (including
14 line numbers as appropriate) that have been designated as Protected Material and the level of protection
15 being asserted by the Designating Party. The Designating Party shall inform the court reporter of these
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16 requirements. Any transcript that is prepared before the expiration of a 21-day period for designation shall
17 be treated during that period as if it had been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
18 EYES ONLY” in its entirety unless otherwise agreed. After the expiration of that period, the transcript shall
19 be treated only as actually designated.
20 (c) for information produced in some form other than documentary and for any other tangible
21 items, that the Producing Party affix in a prominent place on the exterior of the container or containers in
22 which the information or item is stored the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
23 ATTORNEYS’ EYES ONLY”. If only a portion or portions of the information or item warrant protection,
24 the Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the level of
25 protection being asserted.
26 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate
27 qualified information or items does not, standing alone, waive the Designating Party’s right to secure
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1 protection under this Order for such material. Upon timely correction of a designation, the Receiving Party
2 must make reasonable efforts to assure that the material is treated in accordance with the provisions of this
3 Order.
4 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
5 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
6 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation
7 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant
8 disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality
9 designation by electing not to mount a challenge promptly after the original designation is disclosed.
10 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by
11 providing written notice of each designation it is challenging and describing the basis for each challenge.
12 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the
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13 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective
14 Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by
15 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14
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16 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its
17 belief that the confidentiality designation was not proper and must give the Designating Party an
18 opportunity to review the designated material, to reconsider the circumstances, and, if no change in
19 designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to
20 the next stage of the challenge process only if it has engaged in this meet and confer process first or
21 establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely
22 manner.
23 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,
24 the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and in
25 compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of challenge or
26 within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute,
27 whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that the
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1 movant has complied with the meet and confer requirements imposed in the preceding paragraph. Failure
2 by the Designating Party to make such a motion including the required declaration within 21 days (or 14
3 days, if applicable) shall automatically waive the confidentiality designation for each challenged
4 designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation
5 at any time if there is good cause for doing so, including a challenge to the designation of a deposition
6 transcript or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a
7 competent declaration affirming that the movant has complied with the meet and confer requirements
8 imposed by the preceding paragraph.
9 The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
10 Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary
11 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the
12 Designating Party has waived the confidentiality designation by failing to file a motion to retain
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13 confidentiality as described above, all parties shall continue to afford the material in question the level of
14 protection to which it is entitled under the Producing Party’s designation until the court rules on the
15 challenge.
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16 7. ACCESS TO AND USE OF PROTECTED MATERIAL
17 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
18 produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending,
19 or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of
20 persons and under the conditions described in this Order. When the litigation has been terminated, a
21 Receiving Party must comply with the provisions of section 15 below (FINAL DISPOSITION).
22 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure
23 manner that ensures that access is limited to the persons authorized under this Order.
24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the
25 court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or
26 item designated “CONFIDENTIAL” only to:
27 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said
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1 Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation
2 and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
3 A;
4 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to
5 whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and
6 Agreement to Be Bound” (Exhibit A);
7 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
8 necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”
9 (Exhibit A);
10 (d) the court and its personnel;
11 (e) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to
12 whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and
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13 Agreement to Be Bound” (Exhibit A);
14 (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and
15 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
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16 agreed by the Designating Party or ordered by the court. Pages of transcribed deposition testimony or
17 exhibits to depositions that reveal Protected Material must be separately bound by the court reporter and
18 may not be disclosed to anyone except as permitted under this Stipulated Protective Order.
19 (g) the author or recipient of a document containing the information or a custodian or other person
20 who otherwise possessed or knew the information.
21 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
22 Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving
23 Party may disclose any information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
24 EYES ONLY” only to:
25 (a) the Receiving Party’s Outside Counsel of Record in this action,1 as well as employees of said
26 Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation
27 1
Maulin Shah of EnvisionIP is also authorized Outside Counsel for Plaintiff.
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1 and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
2 A;
3 (b) One Designated House Counsel of the Receiving Party (1) who has no involvement in
4 competitive decision-making, (2) to whom disclosure is reasonably necessary for this litigation, (3) who
5 has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (4) as to whom the
6 procedures set forth in paragraph 7.4(a)(1), below, have been followed;
7 (c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this
8 litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as
9 to whom the procedures set forth in paragraph 7.4(a)(2), below, have been followed];
10 (d) the court and its personnel;
11 (e) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to
12 whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and
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13 Agreement to Be Bound” (Exhibit A); and
14 (f) the author or recipient of a document containing the information or a custodian or other person
15 who otherwise possessed or knew the information.
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16 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY CONFIDENTIAL –
17 ATTORNEYS’ EYES ONLY” Information or Items to Designated House Counsel or Experts.
18 (a)(1) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, a
19 Party that seeks to disclose to Designated House Counsel any information or item that has been designated
20 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b) first must make
21 a written request to the Designating Party that (1) sets forth the full name of the Designated House Counsel
22 and the city and state of his or her residence, and (2) describes the Designated House Counsel’s current and
23 reasonably foreseeable future primary job duties and responsibilities in sufficient detail to determine if
24 House Counsel is involved, or may become involved, in any competitive decision-making.
25 (a)(2) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, a
26 Party that seeks to disclose to an Expert (as defined in this Order) any information or item that has been
27 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(c) first
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1 must make a written request to the Designating Party that (1) identifies the general categories of “HIGHLY
2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information that the Receiving Party seeks permission
3 to disclose to the Expert, (2) sets forth the full name of the Expert and the city and state of his or her
4 primary residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the Expert’s current
5 employer(s), (5) identifies each person or entity from whom the Expert has received compensation or
6 funding for work in his or her areas of expertise or to whom the expert has provided professional services,
7 including in connection with a litigation, at any time during the preceding five years,2 and (6) identifies (by
8 name and number of the case, filing date, and location of court) any litigation in connection with which the
9 Expert has offered expert testimony, including through a declaration, report, or testimony at a deposition or
10 trial, during the preceding five years.
11 (b) A Party that makes a request and provides the information specified in the preceding respective
12 paragraphs may disclose the subject Protected Material to the identified Designated House Counsel or
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13 Expert unless, within 14 days of delivering the request, the Party receives a written objection from the
14 Designating Party. Any such objection must set forth in detail the grounds on which it is based.
15 (c) A Party that receives a timely written objection must meet and confer with the Designating
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16 Party (through direct voice to voice dialogue) to try to resolve the matter by agreement within seven days
17 of the written objection. If no agreement is reached, the Party seeking to make the disclosure to Designated
18 House Counsel or the Expert may file a motion as provided in Civil Local Rule 7 (and in compliance with
19 Civil Local Rule 79-5, if applicable) seeking permission from the court to do so. Any such motion must
20 describe the circumstances with specificity, set forth in detail the reasons why the disclosure to Designated
21 House Counsel or the Expert is reasonably necessary, assess the risk of harm that the disclosure would
22 entail, and suggest any additional means that could be used to reduce that risk. In addition, any such motion
23 must be accompanied by a competent declaration describing the parties’ efforts to resolve the matter by
24 agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth the reasons
25 advanced by the Designating Party for its refusal to approve the disclosure.
2 If the Expert believes any of this information is subject to a confidentiality obligation to a third-party, then the Expert
26
should provide whatever information the Expert believes can be disclosed without violating any confidentiality
27 agreements, and the Party seeking to disclose to the Expert shall be available to meet and confer with the Designating
Party regarding any such engagement.
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1 In any such proceeding, the Party opposing disclosure to Designated House Counsel or the Expert
2 shall bear the burden of proving that the risk of harm that the disclosure would entail (under the safeguards
3 proposed) outweighs the Receiving Party’s need to disclose the Protected Material to its Designated House
4 Counsel or Expert.
5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
6
If a Party is served with a subpoena or a court order issued in other litigation that compels
7
disclosure of any information or items designated in this action as “CONFIDENTIAL” or
8
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
9
(a) promptly notify in writing the Designating Party. Such notification shall include a copy
10
of the subpoena or court order;
11
(b) promptly notify in writing the party who caused the subpoena or order to issue in the
12
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other litigation that some or all of the material covered by the subpoena or order is subject to this
13
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
14
(c) cooperate with respect to all reasonable procedures sought to be pursued by the
15
Designating Party whose Protected Material may be affected.3
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16
If the Designating Party timely seeks a protective order, the Party served with the subpoena
17
or court order shall not produce any information designated in this action as “CONFIDENTIAL”
18
or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the
19
court from which the subpoena or order issued, unless the Party has obtained the Designating
20
Party’s permission. The Designating Party shall bear the burden and expense of seeking protection
21
in that court of its confidential material – and nothing in these provisions should be construed as
22
authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from
23
another court.
24
25
26
3 The purpose of imposing these duties is to alert the interested parties to the existence of this Protective Order and to
27 afford the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court from
which the subpoena or order issued.
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9. A NON-PARTYS PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
1 LITIGATION
2 (a) The terms of this Order are applicable to information produced by a Non-Party in
3 this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
4 ATTORNEYS’ EYES ONLY”. Such information produced by Non-Parties in connection with this
5 litigation is protected by the remedies and relief provided by this Order. Nothing in these
6 provisions should be construed as prohibiting a Non-Party from seeking additional protections.
7 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
8 Party’s confidential information in its possession, and the Party is subject to an agreement with the
9 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
10 1. promptly notify in writing the Requesting Party and the Non-Party that some or all
11 of the information requested is subject to a confidentiality agreement with a Non-Party;
12 2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in
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13 this litigation, the relevant discovery request(s), and a reasonably specific description of the information
14 requested; and
15 3. make the information requested available for inspection by the Non-Party.
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16 (c) If the Non-Party fails to object or seek a protective order from this court within 14
17 days of receiving the notice and accompanying information, the Receiving Party may produce the
18 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
19 seeks a protective order, the Receiving Party shall not produce any information in its possession or
20 control that is subject to the confidentiality agreement with the Non-Party before a determination
21 by the court.4 Absent a court order to the contrary, the Non-Party shall bear the burden and
22 expense of seeking protection in this court of its Protected Material.
23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to
25 any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving
26 Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
4 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party
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and to afford the Non-Party an opportunity to protect its confidentiality interests in this court.
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STIPULATED PROTECTIVE ORDER
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Case 3:23-cv-00844-JCS Document 36 Filed 08/22/23 Page 14 of 17
1 its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons
2 to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or
3 persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
5
When a Producing Party gives notice to Receiving Parties that certain inadvertently
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produced material is subject to a claim of privilege or other protection, the obligations of the
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Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
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provision is not intended to modify whatever procedure may be established in an e-discovery order
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that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence
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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
11
communication or information covered by the attorney-client privilege or work product protection,
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the parties may incorporate their agreement in the stipulated protective order submitted to the
13
court.
14
12. MISCELLANEOUS
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14.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
Northern District of California
16
modification by the court in the future.
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14.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no
18
Party waives any right it otherwise would have to object to disclosing or producing any information or item
19
on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to
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object on any ground to use in evidence of any of the material covered by this Protective Order.
21
14.3 Export Control. Disclosure of Protected Material shall be subject to all applicable laws and
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regulations relating to the export of technical data contained in such Protected Material, including the
23
release of such technical data to foreign persons or nationals in the United States or elsewhere. The
24
Producing Party shall be responsible for identifying any such controlled technical data, and the Receiving
25
Party shall take measures necessary to ensure compliance.
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14.4 Filing Protected Material. Without written permission from the Designating Party or a
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STIPULATED PROTECTIVE ORDER
CASE NO. 3:23-CV-844
Case 3:23-cv-00844-JCS Document 36 Filed 08/22/23 Page 15 of 17
1 court order secured after appropriate notice to all interested persons, a Party may not file in the public
2 record in this action any Protected Material. A Party that seeks to file under seal any Protected Material
3 must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a
4 court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule
5 79-5, a sealing order will issue only upon a request establishing that the Protected Material at issue is
6 privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a Receiving
7 Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5 is denied by the
8 court, then the Receiving Party may file the Protected Material in the public record pursuant to Civil Local
9 Rule 79-5 unless otherwise instructed by the court.
10 13. FINAL DISPOSITION
11 Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving
12 Party must return all Protected Material to the Producing Party or destroy such material. As used in this
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13 subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other
14 format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned
15 or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the
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16 same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by category,
17 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the
18 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format
19 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are
20 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
21 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and
22 consultant and expert work product, even if such materials contain Protected Material. Any such archival
23 copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in
24 Section 4 (DURATION).
25 //
26 //
27 //
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STIPULATED PROTECTIVE ORDER
CASE NO. 3:23-CV-844
Case 3:23-cv-00844-JCS Document 36 Filed 08/22/23 Page 16 of 17
1 //
2 //
3
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
DATED: /s/ Michael Rodenbaugh
6 Attorneys for Plaintiff
7 DATED: /s/ Gina Durham
Attorneys for Defendant
8
9 PURSUANT TO STIPULATION, IT IS SO ORDERED.
10
August 22, 2023
DATED: ________________________ _____________________________________
11 [Name of Judge] Joseph C. Spero
United States District/Magistrate Judge
12
United States District Court
13
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Northern District of California
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STIPULATED PROTECTIVE ORDER
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Case 3:23-cv-00844-JCS Document 36 Filed 08/22/23 Page 17 of 17
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________
4 [print or type full address], declare under penalty of perjury that I have read in its entirety and understand
5 the Stipulated Protective Order that was issued by the United States District Court for the Northern District
6 of California on [date] in the case of Nanolabs, Inc. v. Coinbase Global Inc., Case No.: 4:22-cv-01289-
7 DMR. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
8 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the
9 nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that
10 is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the
11 provisions of this Order.
12 I further agree to submit to the jurisdiction of the United States District Court for the
United States District Court
13 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective Order,
14 even if such enforcement proceedings occur after termination of this action.
15
Northern District of California
16
17 Date: _________________________________
18 City and State where sworn and signed: _________________________________
19 Printed name: ______________________________
[printed name]
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Signature: __________________________________
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STIPULATED PROTECTIVE ORDER
CASE NO. 3:23-CV-844