Seth Shapiro v. AT&T Mobility, LLC

Filing 197

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 196 . (see document for details) (hr)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE CENTRAL DISTRICT OF CALIFORNIA

3
4
5

Plaintiff,

6
7
8

Case No. 2:19-cv-08972-CBM (RAOx)

SETH SHAPIRO,
vs.

STIPULATION AND PROPOSED
PROTECTIVE ORDER

AT&T MOBILITY, LLC, et al.,
Defendants.

9
10
11
12

1.

PURPOSES AND LIMITATIONS

13

Discovery in this action is likely to involve production of confidential,

14

proprietary or private information for which special protection from public

15

disclosure and from use for any purpose other than pursuing this litigation may be

16

warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter

17

the following Stipulated Protective Order. The parties acknowledge that this Order

18

does not confer blanket protections on all disclosures or responses to discovery and

19

that the protection it affords from public disclosure and use extends only to the

20

limited information or items that are entitled to confidential treatment under the

21

applicable legal principles.

22

2.

GOOD CAUSE STATEMENT

23

This action is likely to involve trade secrets, customer and pricing lists and

24

other valuable research, development, commercial, financial, technical and/or

25

proprietary information for which special protection from public disclosure and from

26

use for any purpose other than prosecution of this action is warranted. Such

27

confidential and proprietary materials and information consist of, among other

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

things, confidential business or financial information, information regarding

2

confidential business practices, or other confidential research, development, or

3

commercial information (including information implicating privacy rights of third

4

parties), information otherwise generally unavailable to the public, or which may be

5

privileged or otherwise protected from disclosure under state or federal statutes,

6

court rules, case decisions, or common law. Accordingly, to expedite the flow of

7

information, to facilitate the prompt resolution of disputes over confidentiality of

8

discovery materials, to adequately protect information the parties are entitled to keep

9

confidential, to ensure that the parties are permitted reasonable necessary uses of

10

such material in preparation for and in the conduct of trial, to address their handling

11

at the end of the litigation, and serve the ends of justice, a protective order for such

12

information is justified in this matter. It is the intent of the parties that information

13

will not be designated as confidential for tactical reasons and that nothing be so

14

designated without a good faith belief that it has been maintained in a confidential,

15

non-public manner, and there is good cause why it should not be part of the public

16

record of this case.

17

3.

ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

18

The parties further acknowledge, as set forth in Section 14.3, below, that this

19

Stipulated Protective Order does not entitle them to file confidential information

20

under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

21

and the standards that will be applied when a party seeks permission from the court

22

to file material under seal. There is a strong presumption that the public has a right

23

of access to judicial proceedings and records in civil cases. In connection with non-

24

dispositive motions, good cause must be shown to support a filing under seal. See

25

Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),

26

Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-

27

Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

stipulated protective orders require good cause showing), and a specific showing of

2

good cause or compelling reasons with proper evidentiary support and legal

3

justification, must be made with respect to Protected Material that a party seeks to

4

file under seal. The parties’ mere designation of Disclosure or Discovery Material

5

as CONFIDENTIAL or HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY

6

does not— without the submission of competent evidence by declaration,

7

establishing that the material sought to be filed under seal qualifies as confidential,

8

privileged, or otherwise protectable—constitute good cause.

9

Further, if a party requests sealing related to a dispositive motion or trial, then

10

compelling reasons, not only good cause, for the sealing must be shown, and the

11

relief sought shall be narrowly tailored to serve the specific interest to be protected.

12

See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For

13

each item or type of information, document, or thing sought to be filed or introduced

14

under seal, the party seeking protection must articulate compelling reasons,

15

supported by specific facts and legal justification, for the requested sealing order.

16

Again, competent evidence supporting the application to file documents under seal

17

must be provided by declaration.

18

Any document that is not confidential, privileged, or otherwise protectable in

19

its entirety will not be filed under seal if the confidential portions can be redacted. If

20

documents can be redacted, then a redacted version for public viewing, omitting only

21

the confidential, privileged, or otherwise protectable portions of the document, shall

22

be filed. Any application that seeks to file documents under seal in their entirety

23

should include an explanation of why redaction is not feasible.

24

4.

25

4.1 Action: this pending federal lawsuit.

26

4.2 Challenging Party: a Party or Non-Party that challenges the designation

27

DEFINITIONS

of information or items under this Order.

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

4.3 “CONFIDENTIAL” Information or Items: information (regardless of how

2

it is generated, stored or maintained) or tangible things that qualify for protection

3

under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

4

Cause Statement.

5

4.3.1 “HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY” Information

6

or Items: information (regardless of how it is generated, stored or maintained) or

7

tangible things that qualify for additional protection because of their particularly

8

sensitive nature, and which qualify for protection under Federal Rule of Civil

9

Procedure 26(c), and as specified above in the Good Cause Statement.

10
11

4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).

12

4.5 Designating Party: a Party or Non-Party that designates information or

13

items that it produces in disclosures or in responses to discovery as

14

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEY EYES ONLY.”

15

4.6 Disclosure or Discovery Material: all items or information, regardless of

16

the medium or manner in which it is generated, stored, or maintained (including,

17

among other things, testimony, transcripts, and tangible things), that are produced or

18

generated in disclosures or responses to discovery.

19

4.7 Expert: a person with specialized knowledge or experience in a matter

20

pertinent to the litigation who has been retained by a Party or its counsel to serve as

21

an expert witness or as a consultant in this Action.

22

4.8 House Counsel: attorneys who are employees of a party to this Action.

23

House Counsel does not include Outside Counsel of Record or any other outside

24

counsel.

25
26

4.9 Non-Party: any natural person, partnership, corporation, association or
other legal entity not named as a Party to this action.

27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

4.10 Outside Counsel of Record: attorneys who are not employees of a party

2

to this Action but are retained to represent a party to this Action and have appeared

3

in this Action on behalf of that party or are affiliated with a law firm that has

4

appeared on behalf of that party, and includes support staff.

5

4.11 Party: any party to this Action, including all of its officers, directors,

6

employees, consultants, retained experts, and Outside Counsel of Record (and their

7

support staffs).

8
9

4.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

10

4.13 Professional Vendors: persons or entities that provide litigation support

11

services (e.g., photocopying, videotaping, translating, preparing exhibits or

12

demonstrations, and organizing, storing, or retrieving data in any form or medium)

13

and their employees and subcontractors.

14

4.14 Protected Material: any Disclosure or Discovery Material that is

15

designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS

16

EYES ONLY.”

17
18

4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

19

5.

SCOPE

20

The protections conferred by this Stipulation and Order cover not only

21

Protected Material (as defined above), but also (1) any information copied or

22

extracted from Protected Material; (2) all copies, excerpts, summaries, or

23

compilations of Protected Material; and (3) any testimony, conversations, or

24

presentations by Parties or their Counsel that might reveal Protected Material. Any

25

use of Protected Material at trial shall be governed by the orders of the trial judge

26

and other applicable authorities. This Order does not govern the use of Protected

27

Material at trial.

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

6.

DURATION

2

Once a case proceeds to trial, information that was designated as

3

CONFIDENTIAL or HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY, or

4

maintained pursuant to this protective order, which is used or introduced as an

5

exhibit at trial becomes public and will be presumptively available to all members

6

of the public, including the press, unless compelling reasons supported by specific

7

factual findings to proceed otherwise are made to the trial judge in advance of the

8

trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for

9

sealing documents produced in discovery from “compelling reasons” standard when

10

merits-related documents are part of court record). Accordingly, the terms of this

11

protective order do not extend beyond the commencement of the trial.

12

7.

DESIGNATING PROTECTED MATERIAL

13

7.1

Exercise of Restraint and Care in Designating Material for Protection.

14

Each Party or Non-Party that designates information or items for protection under

15

this Order must take care to limit any such designation to specific material that

16

qualifies under the appropriate standards. The Designating Party must designate for

17

protection only those parts of material, documents, items or oral or written

18

communications that qualify so that other portions of the material, documents, items

19

or communications for which protection is not warranted are not swept unjustifiably

20

within the ambit of this Order.

21

Mass, indiscriminate or routinized designations are prohibited. Designations

22

that are shown to be clearly unjustified or that have been made for an improper

23

purpose (e.g., to unnecessarily encumber the case development process or to impose

24

unnecessary expenses and burdens on other parties) may expose the Designating

25

Party to sanctions.

26
27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

If it comes to a Designating Party’s attention that information or items that it

2

designated for protection do not qualify for protection, that Designating Party must

3

promptly notify all other Parties that it is withdrawing the inapplicable designation.

4

7.2

Manner and Timing of Designations. Except as otherwise provided in

5

this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material

6

that qualifies for protection under this Order must be clearly so designated before

7

the material is disclosed or produced. Designation in conformity with this Order

8

requires:

9

(a) for information in documentary form (e.g., paper or electronic documents,

10

but excluding transcripts of depositions or other pretrial or trial proceedings), that

11

the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or

12

“HIGHLY

13

“CONFIDENTIAL legend”), to each page that contains protected material. If only

14

a portion of the material on a page qualifies for protection, the Producing Party also

15

must clearly identify the protected portion(s) (e.g., by making appropriate markings

16

in the margins).

CONFIDENTIAL/ATTORNEYS

EYES

ONLY”

(hereinafter

17

A Party or Non-Party that makes original documents available for inspection

18

need not designate them for protection until after the inspecting Party has indicated

19

which documents it would like copied and produced. During the inspection and

20

before the designation, all of the material made available for inspection shall be

21

deemed “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS

22

EYES ONLY.” After the inspecting Party has identified the documents it wants

23

copied and produced, the Producing Party must determine which documents, or

24

portions thereof, qualify for protection under this Order. Then, before producing the

25

specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

26

to each page that contains Protected Material. If only a portion of the material on a

27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

page qualifies for protection, the Producing Party also must clearly identify the

2

protected portion(s) (e.g., by making appropriate markings in the margins).

3

(b) for testimony given in depositions that the Designating Party identifies the

4

Disclosure or Discovery Material on the record, before the close of the deposition

5

all protected testimony.

6

(c) for information produced in some form other than documentary and for

7

any other tangible items, that the Producing Party affix in a prominent place on the

8

exterior of the container or containers in which the information is stored the legend

9

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL/ATTORNEYS

EYES

10

ONLY.” If only a portion or portions of the information warrants protection, the

11

Producing Party, to the extent practicable, shall identify the protected portion(s).

12

7.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

13

failure to designate qualified information or items does not, standing alone, waive

14

the Designating Party’s right to secure protection under this Order for such material.

15

Upon timely correction of a designation, the Receiving Party must make reasonable

16

efforts to assure that the material is treated in accordance with the provisions of this

17

Order.

18

8.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

19

8.1.

Timing of Challenges. Any Party or Non-Party may challenge a

20

designation of confidentiality at any time that is consistent with the Court’s

21

Scheduling Order.

22
23
24
25

8.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37-1 et seq.
8.3

Joint Stipulation. Any challenge submitted to the Court shall be via a

joint stipulation pursuant to Local Rule 37-2.

26

8.4 The burden of persuasion in any such challenge proceeding shall be on the

27

Designating Party. Frivolous challenges, and those made for an improper purpose

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

2

expose the Challenging Party to sanctions. Unless the Designating Party has waived

3

or withdrawn the confidentiality designation, all parties shall continue to afford the

4

material in question the level of protection to which it is entitled under the Producing

5

Party’s designation until the Court rules on the challenge.

6

9.

ACCESS TO AND USE OF PROTECTED MATERIAL

7

9.1

Basic Principles. A Receiving Party may use Protected Material that is

8

disclosed or produced by another Party or by a Non-Party in connection with this

9

Action only for prosecuting, defending or attempting to settle this Action. Such

10

Protected Material may be disclosed only to the categories of persons and under the

11

conditions described in this Order. When the Action has been terminated, a

12

Receiving Party must comply with the provisions of section 15 below (FINAL

13

DISPOSITION).

14

Protected Material must be stored and maintained by a Receiving Party at a

15

location and in a secure manner that ensures that access is limited to the persons

16

authorized under this Order.

17

9.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

18

otherwise ordered by the court or permitted in writing by the Designating Party, a

19

Receiving

20

“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

21

(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

22

employees of said Outside Counsel of Record to whom it is reasonably necessary to

23

disclose the information for this Action;

24
25

(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

26
27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

(c) Experts (as defined in this Order) of the Receiving Party to whom

2

disclosure is reasonably necessary for this Action and who have signed the

3

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

4

(d) the court and its personnel;

5

(e) court reporters and their staff;

6

(f) professional jury or trial consultants, mock jurors, and Professional

7

Vendors to whom disclosure is reasonably necessary for this Action and who have

8

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

9
10

(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information;

11

(h) during their depositions, witnesses, and attorneys for witnesses, in the

12

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

13

requests that the witness sign the form attached as Exhibit A hereto; and (2) they

14

will not be permitted to keep any confidential information unless they sign the

15

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

16

agreed by the Designating Party or ordered by the court. Pages of transcribed

17

deposition testimony or exhibits to depositions that reveal Protected Material may

18

be separately bound by the court reporter and may not be disclosed to anyone except

19

as permitted under this Stipulated Protective Order;

20

(i) in preparation for their depositions, witnesses and attorneys for witnesses

21

in the Action to whom disclosure is reasonably necessary and who sign the

22

“Acknowledgment and Agreement to Be Bound” (Exhibit A); and

23
24
25

(j) any mediators or settlement officers and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
9.3

Disclosure of “HIGHLY CONFIDENTIAL/ATTORNEYS EYES

26

ONLY” Information or Items. Unless otherwise ordered by the court or permitted in

27

writing by the Designating Party, a Receiving Party may disclose any information

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

or item designated “HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY”

2

only to:

3

(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

4

employees of said Outside Counsel of Record to whom it is reasonably necessary to

5

disclose the information for this Action;

6
7

(b) the officers, directors, and employees (including House Counsel) of the
Receiving Party to whom disclosure is reasonably necessary for this Action;

8

(c) Experts (as defined in this Order) of the Receiving Party to whom

9

disclosure is reasonably necessary for this Action and who have signed the

10

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

11

(d) the court and its personnel;

12

(e) court reporters and their staff;

13

(f) the author or recipient of a document containing the information or a

14

custodian or other person who otherwise possessed or knew the information;

15

(g) during their depositions, witnesses, and attorneys for witnesses, in the

16

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

17

requests that the witness sign the form attached as Exhibit A hereto; and (2) they

18

will not be permitted to keep any confidential information unless they sign the

19

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

20

agreed by the Designating Party or ordered by the court. Pages of transcribed

21

deposition testimony or exhibits to depositions that reveal Protected Material may

22

be separately bound by the court reporter and may not be disclosed to anyone except

23

as permitted under this Stipulated Protective Order;

24

(h) in preparation for their depositions, witnesses and attorneys for witnesses

25

in the Action to whom disclosure is reasonably necessary and who sign the

26

“Acknowledgment and Agreement to Be Bound” (Exhibit A); and

27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1
2
3

(i) any mediators or settlement officers and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
Absent agreement in writing by the Designating Party or as ordered by the

4

court, HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY information may

5

not be disclosed to any persons in subparagraphs (c), (g) or (h) above if they have

6

within the 12 months prior to disclosure worked for (as an employee or

7

consultant/contractor) Verizon, T-Mobile, Sprint, America Movil, Telefonica,

8

Liberty/VTR, Millicom/Une, Telecom Italia/Tim, Cox, Cablevision/Altice, or

9

Centurylink, whom Defendant AT&T has, solely for purposes of this Action,

10

represented are competitors of Defendant AT&T, which list is subject to Plaintiff’s

11

right to object or challenge such limitation at any time. The disclosure of HIGHLY

12

CONFIDENTIAL/ATTORNEYS EYES ONLY information to persons in

13

subparagraph (b), (g), and (h) may occur only in the presence of Outside Counsel

14

of Record, whether in person or remotely via video conference or otherwise, and

15

such persons shall not be permitted to retain a copy of documents containing such

16

HIGHLY CONFIDENTIAL/ATTORNEYS EYES ONLY information.

17
18

10.

PROTECTED

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED IN OTHER LITIGATION

19

If a Party is served with a subpoena or a court order issued in other litigation

20

that compels disclosure of any information or items designated in this Action as

21

“CONFIDENTIAL”

22

ONLY” that Party must:

23
24

or

“HIGHLY

CONFIDENTIAL/ATTORNEYS

EYES

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

25

(b) promptly notify in writing the party who caused the subpoena or order to

26

issue in the other litigation that some or all of the material covered by the subpoena

27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

or order is subject to this Protective Order. Such notification shall include a copy of

2

this Stipulated Protective Order; and

3

(c) cooperate with respect to all reasonable procedures sought to be pursued

4

by the Designating Party whose Protected Material may be affected. If the

5

Designating Party timely seeks a protective order, the Party served with the

6

subpoena or court order shall not produce any information designated in this action

7

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL/ATTORNEYS EYES

8

ONLY” before a determination by the court from which the subpoena or order

9

issued, unless the Party has obtained the Designating Party’s permission. The

10

Designating Party shall bear the burden and expense of seeking protection in that

11

court of its confidential material and nothing in these provisions should be construed

12

as authorizing or encouraging a Receiving Party in this Action to disobey a lawful

13

directive from another court.

14
15

11.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
BE PRODUCED IN THIS LITIGATION

16

(a) The terms of this Order are applicable to information produced by a Non-

17

Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY

18

CONFIDENTIAL/ATTORNEYS EYES ONLY.” Such information produced by

19

Non-Parties in connection with this litigation is protected by the remedies and relief

20

provided by this Order. Nothing in these provisions should be construed as

21

prohibiting a Non-Party from seeking additional protections.

22

(b) In the event that a Party is required, by a valid discovery request, to

23

produce a Non-Party’s confidential information in its possession, and the Party is

24

subject to an agreement with the Non-Party not to produce the Non-Party’s

25

confidential information, then the Party shall:

26
27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

(1) promptly notify in writing the Requesting Party and the Non- Party that

2

some or all of the information requested is subject to a confidentiality agreement

3

with a Non-Party;

4

(2) promptly provide the Non-Party with a copy of the Stipulated Protective

5

Order in this Action, the relevant discovery request(s), and a reasonably specific

6

description of the information requested; and

7
8

(3) make the information requested available for inspection by the Non-Party,
if requested.

9

(c) If the Non-Party fails to seek a protective order from this court within 14

10

days of receiving the notice and accompanying information, the Receiving Party

11

may produce the Non-Party’s confidential information responsive to the discovery

12

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

13

not produce any information in its possession or control that is subject to the

14

confidentiality agreement with the Non-Party before a determination by the court.

15

Absent a court order to the contrary, the Non-Party shall bear the burden and expense

16

of seeking protection in this court of its Protected Material.

17
18

12.

UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL

19

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

20

Protected Material to any person or in any circumstance not authorized under this

21

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

22

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

23

to retrieve all unauthorized copies of the Protected Material, (c) inform the person

24

or persons to whom unauthorized disclosures were made of all the terms of this

25

Order, and (d) request such person or persons to execute the “Acknowledgment an

26

Agreement to Be Bound” attached hereto as Exhibit A.

27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

13.

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

OTHERWISE PROTECTED MATERIAL

2
3

When a Producing Party gives notice to Receiving Parties that certain

4

inadvertently produced material is subject to a claim of privilege or other protection,

5

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil\

6

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

7

may be established in an e-discovery order that provides for production without prior

8

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

9

parties reach an agreement on the effect of disclosure of a communication or

10

information covered by the attorney-client privilege or work product protection, the

11

parties may incorporate their agreement in the stipulated protective order submitted

12

to the court.

13

14.

14

14.1 Right to Further Relief. Nothing in this Order abridges the right of any

15

MISCELLANEOUS

person to seek its modification by the Court in the future.

16

14.2 Right to Assert Other Objections. By stipulating to the entry of this

17

Protective Order, no Party waives any right it otherwise would have to object to

18

disclosing or producing any information or item on any ground not addressed in this

19

Stipulated Protective Order. Similarly, no Party waives any right to object on any

20

ground to use in evidence of any of the material covered by this Protective Order.

21

14.3 Filing Protected Material. A Party that seeks to file under seal any

22

Protected Material must comply with Local Civil Rule 79-5. Protected Material may

23

only be filed under seal pursuant to a court order authorizing the sealing of the

24

specific Protected Material. If a Party’s request to file Protected Material under seal

25

is denied by the court, then the Receiving Party may file the information in the public

26

record unless otherwise instructed by the court.

27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

15.

FINAL DISPOSITION

2

After the final disposition of this Action, as defined in paragraph 6, within 60

3

days of a written request by the Designating Party, each Receiving Party must return

4

all Protected Material to the Producing Party or destroy such material. As used in

5

this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

6

summaries, and any other format reproducing or capturing any of the Protected

7

Material. Whether the Protected Material is returned or destroyed, the Receiving

8

Party must submit a written certification to the Producing Party (and, if not the same

9

person or entity, to the Designating Party) by the 60-day deadline that (1) identifies

10

(by category, where appropriate) all the Protected Material that was returned or

11

destroyed and (2) affirms that the Receiving Party has not retained any copies,

12

abstracts, compilations, summaries or any other format reproducing or capturing any

13

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

14

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

15

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

16

reports, attorney work product, and consultant and expert work product, even if such

17

materials contain Protected Material. Any such archival copies that contain or

18

constitute Protected Material remain subject to this Protective Order as set forth in

19

Section 6 (DURATION).

20

16.

VIOLATION

21

Any violation of this Order may be punished by appropriate measures

22

including, without limitation, contempt proceedings and/or monetary sanctions.

23

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

24
25
26
27
28

Dated: March 20, 2024

By: /s/ James A. Ulwick
James A. Ulwick
DICELLO LEVITT GUTZLER, LLP
Ten North Dearborn Street, 6th floor
Chicago, IL 60602
Telephone: [phone]

[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

[e-mail]
[e-mail]

1
2

Counsel for the Plaintiff

3
4
5

Dated: March 20, 2024

10

By: /s/ Jeremy S. Ochsenbein
Jeremy S. Ochsenbein
GIBSON, DUNN & CRUTHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Tel: [phone]
[e-mail]
[e-mail]

11

Counsel for Defendant AT&T Mobility, LLC

6
7
8
9

12
13

Dated: March 20, 2024

14
15
16
17

Counsel for Defendant Sequential
Technology International, LLC,

18
19
20
21
22
23
24
25
26
27

By: /s/ Angeli C. Aragon
Angeli C. Aragon
O’HAGAN MEYER
21650 Oxnard Street, Suite 530
Woodland Hills, CA, 91367
[e-mail]

Dated: March 20, 2024

By: /s/ Robert S. Kahn
Robert S. Kahn
COLLINS + COLLINS LLP
790 E. Colorado Boulevard, Suite 600
Pasadena, CA 91101
Tel: [phone]
[e-mail]
[e-mail]
Counsel for Third-Party Defendant
CoWorx Staffing Services, LLC

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1
2
3
4

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: _________________________
03/21/2024

____
_ ___________________________
_________________________________
5R]HOOD$2OLYHU
8QLWHG6WDWHV0DJLVWUDWH-XGJH

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

3

[print or type full name], of

4

[print or type full address], declare under penalty of

5

perjury that I have read in its entirety and understand the Stipulated Protective Order

6

that was issued by the United States District Court for the Central District of

7

California on __________, 2024 in the case of Shapiro v. AT&T Mobility, LLC, Case

8

No. 2:19-CV-08972-CBM (RAOx). I agree to comply with and to be bound by all

9

the terms of this Stipulated Protective Order and I understand and acknowledge that

10

failure to so comply could expose me to sanctions and punishment in the nature of

11

contempt. I solemnly promise that I will not disclose in any manner any information

12

or item that is subject to this Stipulated Protective Order to any person or entity

13

except in strict compliance with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court

15

or the Central District of California for the purpose of enforcing the terms of this

16

Stipulated Protective Order, even if such enforcement proceedings occur after

17

termination of this action.

18

I hereby appoint __________________________ [print or type full name] of

19

___________________________ [print or type full address and telephone number]

20

as my California agent for service of process in connection with this action or any

21

proceedings related to enforcement of this Stipulated Protective Order.

22
23

Date:

24

City and State where sworn and signed:

25

Printed name:

26
27

Signature:

28
[PROPOSED] PROTECTIVE ORDER
CASE NO. 2:19-CV-08972-CBM (RAOx)