Daisy Vasquez et al v. TWC Administration LLC et al

Filing 24

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 21 : NOTE: CHANGES MADE BY THE COURT: (see attached) (jm)

1 Donald Potter (SBN 192735)

[e-mail]

2 LAW OFFICE OF DONALD POTTER

776 East Green Street, Suite 210

3 Pasadena, California 91101
4 Telephone: [phone]

Facsimile: 626-389-0592
5 Attorney for Plaintiffs
(additional counsel listed on following page)
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Jeffrey N. Williams (SBN 274008)
[e-mail]
8 WARGO & FRENCH LLP
1888 Century Park East, Suite 1520
9 Los Angeles, CA 90067
Telephone: [phone]
10 Facsimile: 310-853-6333
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J. Scott Carr (SBN 136706)
[e-mail]
WARGO & FRENCH LLP
999 Peachtree Street, N.E., 26th Floor
Atlanta, GA 30309
Telephone: [phone]
NOTE: CHANGES MADE BY THE COURT
Facsimile: 404-853-1501
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DAISY VAZQUEZ, an individual and on
19 behalf of all others similarly situated;
BRYAN JOSEPH, an individual and on
20 behalf of all others similarly situated
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Plaintiffs,

Case No. CV14-7621-CAS (FFMx)
[PROPOSED] STIPULATED
PROTECTIVE ORDER
Hons. Christina A. Snyder & Frederick
F. Mumm

v.

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TWC ADMINISTRATION LLC, a
24 Delaware limited liability company; TIME
WARNER CABLE INC., a Delaware
25 Corporation; TIME WARNER NY
CABLE LLC, a limited liability company
26 and DOES 1 to 50, inclusive,
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Defendants.

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Case No. CV14-7621-CAS (FFMx)
STIPULATED PROTECTIVE ORDER

1 Additional Attorneys for Plaintiffs:
2 Paul K. Haines (SBN 248226)

[e-mail]

3 Fletcher W. Schmidt (SBN 286462)
4 [e-mail]

BOREN, OSHER & LUFTMAN LLP
5 222 N. Sepulveda Blvd., Suite 2222
El Segundo, California 90245
6 Telephone: [phone]
Facsimile: [phone]
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8 Hernaldo J. Baltodano (SBN 222286)

[e-mail]

9 BALTODANO & BALTODANO LLP

1411 Marsh Street, Suite 102

10 San Luis Obispo, California 93401
11 Phone: [phone]

Fax: [phone]

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Case No. CV14-7621-CAS (FFMx)
STIPULATED PROTECTIVE ORDER

1

WHEREAS, the Court may enter a protective order upon a showing of good

2 cause.
3

WHEREAS, the parties seek to exchange discovery that is of a confidential,

4 proprietary, or private nature for which special protection from public disclosure and
5 use for any purpose other than prosecuting this litigation would be warranted.
6

WHEREAS, the parties believe in good faith that certain documents to be

7 produced in this litigation may be classified as described above, specifically
8 including, without limitation, employee payroll data, personnel data, and/or internal
9 documents regarding policies, practices or strategies.
10

WHEREAS, Defendants TWC Administration LLC, Time Warner Cable Inc.,

11 and Time Warner NY Cable LLC (“Defendants”) contend that such discovery, if
12 disclosed, will have the effect of causing harm to their competitive position.
13

WHEREAS, the parties only seek to stipulate and enter into a protective order

14 that is limited to the discovery as described in this Stipulation.
15

Accordingly, IT IS HEREBY STIPULATED AND AGREED, by and between

16 Plaintiffs

Daisy Vazquez and Bryan Joseph (“Plaintiffs”) and Defendants

17 (collectively the “Parties”), through their undersigned counsel, that this Court,
18 subject to the Court finding good cause pursuant to Federal Rule of Civil Procedure
19 26(c), enter the following Stipulated and Proposed Protective Order Regarding
20 Confidential Discovery Material (“Stipulated Protective Order”).

This Stipulated

21 Protective Order will govern the documents and information produced by the Parties
22 in response to discovery requests in this action, CV14-7621-CAS (FFMx)
23 (“discovery material”), as described in Section I.A of this Stipulation.
24 I.

DESIGNATION AND USE OF CONFIDENTIAL MATERIAL

25

A.

During the course of litigation, either party may seek to have discovery

26 material classified as “confidential.” Any party (“designating party”) may designate
27 as confidential any discovery material if the party in good faith believes that it
28 contains confidential personal or commercial information, specifically including
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STIPULATED PROTECTIVE ORDER

1 without limitation any non-public employee payroll data, employee personnel data,
2 or Defendants’ internal documents regarding its policies, practices or strategies.
3 Discovery material that is so designated is referred to herein as “Confidential
4 Material.”

The designating party will mark each page “Confidential” of any

5 document designated as such. The designation will be made to avoid obscuring or
6 defacing any portion of the discovery material. Should any party, counsel for any
7 party, or any person not a party to this action, who obtains access to any Confidential
8 Material make copies of or from such material, the copied material will also be
9 designated Confidential and all references in this Stipulated Protective Order will be
10 deemed to apply to such copies.

Deposition testimony based on information

11 designated Confidential will be identified as such either by a statement on the record
12 at the deposition or by marking as Confidential documents or selected pages of
13 documents containing such testimony. If either party, through inadvertence, fails to
14 designate discovery material as Confidential, but thereafter determines that such
15 discovery material should have been so designated, it promptly will provide written
16 notice of the Confidential designation, and to the extent practicable, the discovery
17 material will be treated as Confidential Material from the date of receipt of such
18 notice.

Likewise, if a party designates discovery material Confidential and later

19 determines that such discovery material should not have been so designated, it will
20 promptly provide written notice of the removal of the designation along with a
21 duplicate copy of the discovery material without the Confidential marking.
22

B.

All Confidential Material and any portion thereof, including copies

23 thereof, will be deemed confidential and will be for use in these proceedings only,
24 including purposes related to the resolution of the claims asserted in the action, such
25 as the mediation, negotiation, and/or voluntary arbitration of one or more of the
26 asserted claims.

Such Confidential information shall not be used for any other

27 purpose, including, without limitation, other commercial or business use or use in
28 other litigation or to encourage or assist with the bringing of other litigation.
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1

C.

All Confidential Material and any portion thereof, including copies

2 thereof, and any information derived therefrom will not be disclosed in any way to
3 anyone other than: (a) the Court and Court personnel; (b) the Parties’ counsel and
4 their staff; (c) stenographic reporters; (d) the named parties; and the following,
5 provided that they expressly agree to be bound by the terms of this Stipulated
6 Protective Order by executing the form attached as Exhibit A (discussed below in
7 Section II): any expert or consultant retained in connection with this action, and
8 outside vendors who perform data entry or similar clerical functions. Confidential
9 Material may not be disclosed to any other person or entity without the prior written
10 consent of the designating party or order of the Court. Any disclosure should be only
11 to the extent reasonably necessary for the effective prosecution and defense of the
12 claims in this action and for no other purpose.
13 II.

CONDITIONS OF DISCLOSURE

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A.

As set forth in section I.C. above, prior to the disclosure of Confidential

15 Material or any information contained therein to the persons qualified to receive it
16 but required to execute Exhibit A, counsel for the requesting party will secure from
17 each such person the signed Exhibit A, which provides that he or she has read this
18 Stipulated Protective Order, that he or she will not divulge any Confidential Material
19 or any information contained therein except in the preparation, trial, or appeal of this
20 action and in accordance with the terms and conditions of the Stipulated Protective
21 Order, and that he or she will not use the material for any other purpose.
22

B.

Confidential Material will be copied by only the Parties’ counsel in this

23 action or by personnel or outside vendors assisting such counsel and for only
24 purposes permitted by this Stipulated Protective Order, and control and distribution
25 of confidential material and copies thereof will be the responsibility of such counsel,
26 who will maintain all written assurances executed by such persons as provided in
27 sections I.C. and II.A.
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STIPULATED PROTECTIVE ORDER

C.

The restrictions set forth in this Stipulated Protective Order will not

2 apply to:

(a) information that was, is or becomes public knowledge through its

1

3 authorized release by a person or entity who rightfully and lawfully obtained and
4 possesses such information during the normal course of business, and not in violation
5 of this Stipulated Protective Order; or (b) Defendants (or their affiliates), with respect
6 to their own information or information received or created during the normal course
7 of their own business. Whether information that becomes a matter of public record
8 in any other manner may still be subject to protection as confidential will be
9 determined according to the standards and procedures set forth herein. The owner of
10 Confidential Material will be able to seek protection of that information in
11 accordance with the provisions of this Stipulated Protective Order.
12 III.

PROTECTING CONFIDENTIAL INFORMATION AT DEPOSITIONS

13

A.

During a deposition, either party may request any person present to sign

14 the attached Exhibit A with the exception of the parties themselves, any deposition
15 reporters, videographers, and any individuals listed in sections I.C.(a)–(c).
16

B.

To designate confidential information in testimony, the designating

17 party will (a) make an oral statement to that effect on the record, or (b) notify the
18 recipient in writing at any time up to 30 days after receipt of the transcript.
19

C.

If any Confidential Material is marked as an exhibit in a deposition, or

20 its contents are disclosed, wholly or partially, in the course of the testimony at such
21 deposition, counsel for the Parties will (a) advise the reporter that the exhibit(s) refer
22 to Confidential Material or (b) notify the recipient in writing at any time up to 30
23 days after receipt of the transcript. In either case, the exhibit itself, as well as the
24 portions of the transcript containing such disclosure, will be marked Confidential and
25 will be deemed Confidential Material.

To this end, the reporter will not furnish

26 copies thereof to anyone other than counsel of record for the Parties herein, and, if so
27 requested by such counsel, the witness and the witness’ counsel.
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1 IV.

USE OF CONFIDENTIAL INFORMATION IN COURT FILINGS

2

In accordance with Central District of California Civil Local Rule 79-5.1, if

3 any papers to be filed with the Court contain information and/or documents that have
4 been designated as “Confidential Material,” the proposed filing shall be accompanied
5 by an application to file the papers or the portion thereof containing the designated
6 information or documents (if such portion is segregable) and if appropriate, the
7 application itself under seal; and the application shall be directed to the judge to
8 whom the papers are directed. For motions, the parties shall publicly file a redacted
9 version of the motion and supporting papers.
10 V.

CHALLENGING A CONFIDENTIAL DESIGNATION

11

If a party disputes the designation of discovery material as Confidential, the

12 objecting party will notify the designating party in writing of such dispute within 30
13 days of receipt of such Confidential discovery material (FFM) and request a
14 conference for the parties to confer in a good faith effort to resolve the dispute. It
15 shall be the responsibility of counsel for the objecting party to arrange for this
16 conference. The objecting party’s notice will identify the material in dispute and
17 explain the basis for the objection. Counsel for the designating party shall confer
18 with counsel for the objecting party within ten (10) calendar days after the objecting
19 party serves a letter requesting such conference. If counsel are unable to settle their
20 differences, they shall formulate a written stipulation (“Joint Stipulation”) setting
21 forth their respective positions on the confidentiality of the information at issue. The
22 Joint Stipulation shall be filed and served with the notice of motion. The preparation
23 of any joint stipulation shall be in accordance with Central District of California
24 Civil Local Rule 37-2.2.

Any hearings related to the dispute shall be set in

25 accordance with Central District of California Civil Local Rule 37-3. After the Joint
26 Stipulation is filed, each party may file a supplemental memorandum of law not later
27 than fourteen (14) days prior to the hearing date. Unless otherwise ordered by the
28 Court, a supplemental memorandum shall not exceed five (5) pages in length. No
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STIPULATED PROTECTIVE ORDER

1 other separate memorandum of points and authorities shall be filed by either party in
2 connection with the motion.

Throughout the dispute resolution procedure in this

3 paragraph, the designating party will have the burden of demonstrating that the
4 material at issue is properly designated as confidential under applicable law. In the
5 event of a dispute over the confidentiality of particular material, the Parties will
6 continue to treat the disputed discovery material as confidential until the dispute is
7 resolved.
8 VI.

NON-PARTY SUBPOENAS

9

If any party receives a subpoena from any non-party to this Stipulated

10 Protective Order seeking production or disclosure of Confidential Material, that party
11 (the “subpoenaed party”) will give notice, as soon as practicable and in no event
12 more than three business days after receiving the subpoena and at least five business
13 days before providing materials responsive to the subpoena, to counsel for the
14 designating party, which notice will enclose a copy of the subpoena, such that the
15 designating party may assert its rights, if any, to non-disclosure. If the designating
16 party files a motion for protective order asserts its rights to non-disclosure, the
17 subpoenaed party will not produce the documents at issue unless otherwise required
18 by law to do so. Nothing in this Order shall be construed as authorizing a party to
19 disobey a lawful subpoena issued in another action. (FFM)
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VII. NO RESTRICTIONS
Nothing in this Stipulated Protective Order will: (a) restrict any party with

22 respect to their own documents or information; (b) restrict any party’s rights with
23 regard to discovery material that has not been designated as Confidential; (c)
24 prejudice any party’s rights, within the applicable time period, to object to the
25 production or disclosure of documents or other information that it considers not
26 subject to discovery; (d) restrict the scope of discovery that can be sought by any
27 party or deemed permissible by the Court; or (e) prejudice any party’s right to seek,
28 either by agreement or by application to the Court, greater or lesser protection than
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STIPULATED PROTECTIVE ORDER

1 that provided herein, or modification of the terms of this Stipulated Protective Order.
2 Nothing in this Stipulated Protective Order will be deemed to be a limit on or waiver
3 of the attorney-client privilege, work product privilege, or any other relevant
4 privilege. Nothing in this Stipulated Protective Order will be deemed an agreement
5 by either party to produce certain types of documents and/or information.
6 VIII. RETURN OF CONFIDENTIAL MATERIALS
7

Within 60 days after the conclusion of this action, including any appeals, any

8 party may request the return or destruction of all materials designated as Confidential
9 Material and the responding party shall have 30 days thereafter to comply with such
10 request and confirm that they have done so, including ensuring that any person to
11 whom they provided copies of any Confidential Information complies with this
12 obligation.

Provided, however, that counsel for either Party may, upon written

13 notice, retain one copy of documents produced exclusively for the purposes of
14 complying with document retention policies and not to be used for any other
15 purposes. At the end of that document retention period, counsel will provide written
16 notice that this copy has been destroyed.

This provision will not apply to court

17 filings or file copies of pleadings, briefs or correspondence maintained by the
18 Parties’ respective counsel in the ordinary course of business.
19 IX.

BINDING EFFECT

20

This Stipulated Protective Order will remain in full force and effect at all times

21 during which any party to this Stipulated Protective Order or any person having
22 executed the attached Exhibit A retains in his, her, or its possession, custody or
23 control of any Confidential Material.
24 X.

ADDITIONAL PARTIES TO LAWSUIT

25

If other parties are added to this action, no Confidential Material previously

26 exchanged, produced, or used herein will be disclosed to such other parties or their
27 counsel except upon their agreeing to be bound by the provisions of this Stipulated
28 Protective Order. This provision does not prejudice any party’s rights to otherwise
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1 object to the production or disclosure of Confidential or non-confidential documents
2 or other information to a party added to this action.
3 XI.

ADDITIONAL RIGHTS

4

This Stipulated Protective Order is without prejudice to the right of any party

5 to move the Court for an order for good cause shown for protection of Confidential
6 Material sought by or produced through discovery, which protection is different from
7 or in addition to that provided for in this Stipulated Protective Order, and such right
8 is expressly reserved.
9

ACCEPTED AND AGREED.

10
11

IT IS SO STIPULATED.

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Dated: February 3, 2015

/s/ Paul K. Haines (JNW)
Donald Potter
Paul K. Haines
Fletcher W. Schmidt
Hernaldo J. Baltodano
Attorneys for Plaintiffs

18 Dated: February 3, 2015

/s/ Jeff Williams
Jeffrey N. Williams
J. Scott Carr
Attorneys for Defendants

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IT IS SO ORDERED.

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Dated: February 5, 2015

/S/ FREDERICK F. MUMM
Hon. FREDERICK F. MUMM
United States Magistrate Judge

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EXHIBIT A

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ACKNOWLEDGEMENT CONCERNING INFORMATION COVERED BY A
PROTECTIVE ORDER ENTERED IN THE UNITED STATES DISTRICT
COURT – CENTRAL DISTRICT OF CALIFORNIA
The undersigned hereby acknowledges that he/she has read the Stipulation and
Order Re: Confidential Discovery Material (“Stipulation” or “Stipulated Protective
Order”) governing Daisy Vazquez and Bryan Joseph v. TWC Administration LLC, et
al., Case No. CV14-7621-CAS (FFMx) and understands its terms, agrees to be
bound by each of those terms, and agrees to subject himself/herself personally to the
jurisdiction of the United States District Court, Central District of California, for the
purpose of enforcing its terms. Specifically, and without limitation upon such terms,
the undersigned agrees not to use or disclose any Confidential Material made
available to it/him/her other than in accordance with the terms and conditions of this
Stipulated Protective Order.

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Dated: ________________________, 20___

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By:_______________________________
Signature

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_____________________________________
Printed Name

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