Whitten v. Frontier Communications Corporation et al

Filing 19

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 5/9/13. (Meuleman, A)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

MARGARET HART EDWARDS, Bar No. 65699
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
ADRIANNE B. OSTROWSKI, Bar No. 238786
BARBARA A. BLACKBURN, Bar No. 253731
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Telephone:
916.830.7200
Attorneys for Defendants
FRONTIER COMMUNICATIONS
CORPORATION, CITIZENS TELECOM
SERVICES COMPANY, L.L.C., AND KEVIN
MAILLOUX
GEORGE DUESDIEKER
LAW OFFICE OF GEORGE DUEKIEKER
405 El Camino Real #107
Menlo Park, CA 94025
Telephone:
[phone]
Attorney for Plaintiff
PHYLLIS WHITTEN

15
16

IN THE UNITED STATES DISTRICT COURT

17

FOR THE EASTERN DISTRICT OF CALIFORNIA

18

PHYLLIS WHITTEN,

19
20
21
22
23
24

Case No. 2:12−CV−02926−TLN−JFM

Plaintiff,

STIPULATED PROTECTIVE ORDER

v.
FRONTIER COMMUNICATIONS
CORPORATION, a Delaware corporation,
CITIZENS TELECOM SERVICES CO.,
KEVIN MAILLOUX, and Doe 1 through
Doe 10,
Defendants.

25
26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

Case No. 2:12−CV−02926−TLN−JFM
STIPULATED PROTECTIVE ORDER

1

1.

PURPOSES AND LIMITATIONS

2

Disclosure and discovery activity in this action are likely to involve production of confidential,

3

proprietary, or private information for which special protection from public disclosure and from use for any

4

purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to

5

and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this

6

Order does not confer blanket protections on all disclosures or responses to discovery and that the protection

7

it affords from public disclosure and use extends only to the limited information or items that are entitled to

8

confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in

9

Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information

10

under seal; Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be

11

applied when a party seeks permission from the court to file material under seal.

12

2.

13
14

DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of information or

items under this Order.

15

2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is generated,

16

stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure

17

26(c).

18
19
20
21
22

2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their

support staff).
2.4

Designating Party: a Party or Non-Party that designates information or items that it produces

in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

Disclosure or Discovery Material: all items or information, regardless of the medium or

23

manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts,

24

and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

25

2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to the

26

litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in

27

this action.

28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

2.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

1
2

2.7

not include Outside Counsel of Record or any other outside counsel.

3
4

House Counsel: attorneys who are employees of a party to this action. House Counsel does

2.8

Non-Party: any natural person, partnership, corporation, association, or other legal entity not

named as a Party to this action.

5

2.9

Outside Counsel of Record: attorneys who are not employees of a party to this action but are

6

retained to represent or advise a party to this action and have appeared in this action on behalf of that party or

7

are affiliated with a law firm which has appeared on behalf of that party.

8
9

2.10

retained experts, and Outside Counsel of Record (and their support staffs).

10
11

Party: any party to this action, including all of its officers, directors, employees, consultants,

2.11

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

2.12

Professional Vendors: persons or entities that provide litigation support services (e.g.,

action.

12
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

2.13

16

“CONFIDENTIAL.”

17

2.14

18

3.

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

Party.

19

Protected Material: any Disclosure or Discovery Material that is designated as

SCOPE

20

The protections conferred by this Stipulation and Order cover not only Protected Material, but also

21

(1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or

22

compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their

23

Counsel that might reveal Protected Material.

24

Order do not cover the following information: (a) any information that is in the public domain at the time of

25

disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party

26

as a result of publication not involving a violation of this Order, including becoming part of the public record

27

through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or

28

obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and
Firmwide:119473717.1 064194.1023
Case No. 2:12−CV−02926−TLN−JFM
3.

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

However, the protections conferred by this Stipulation and

STIPULATED PROTECTIVE ORDER

1

under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be

2

governed by a separate agreement or order

3

4.

DURATION

4

Even after final disposition of this litigation, the confidentiality obligations imposed by this Order

5

shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs.

6

Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with

7

or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals,

8

rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or

9

applications for extension of time pursuant to applicable law.

10

5.

DESIGNATING PROTECTED MATERIAL
5.1

11

Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-

12

Party that designates information or items for protection under this Order must take care to limit any such

13

designation to specific material that qualifies under the appropriate standards. To the extent it is practical to

14

do so, the Designating Party must designate for protection only those parts of material, documents, items, or

15

oral or written communications that qualify – so that other portions of the material, documents, items, or

16

communications for which protection is not warranted are not swept unjustifiably within the ambit of this

17

Order.

18

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be

19

clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard

20

the case development process or to impose unnecessary expenses and burdens on other parties) expose the

21

Designating Party to sanctions.

22

If a Designating Party designates material and information as “Confidential,” the Designating Party

23

shall make such a designation only with respect to material and information that the Designating Party

24

reasonably and in good faith believes: (a) is Confidential and would not normally be revealed to others; (b) is

25

or reflects the work product of plaintiff Phyllis Whitten or Frontier Communications Corporation; or (c) is or

26

reflects attorney-client privileged communications by and between plaintiff Phyllis Whitten and/or Frontier

27

Communications Corporation.

28

substance “CONFIDENTIAL” in a manner that does not render any portion of the document illegible.

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

Any discovery materials designated Confidential shall be stamped in

4.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

1

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

2

protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that

3

Designating Party must promptly notify all other parties that it is withdrawing the mistaken designation.

4
5
6
7
8

5.2

Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g.,

second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
Material that qualifies for protection under this Order must be clearly so designated before the
material is disclosed or produced.
Designation in conformity with this Order requires:

9

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

10

transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend

11

“CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of the material

12

on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

13

by making appropriate markings in the margins).

14

A Party or Non-Party that makes original documents or materials available for inspection need not

15

designate them for protection until after the inspecting Party has indicated which material it would like copied

16

and produced. During the inspection and before the designation, all of the material made available for

17

inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it

18

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

19

qualify for protection under this Order. Then, before producing the specified documents, the Producing Party

20

must affix the appropriate “CONFIDENTIAL” legend to each page that contains Protected Material. If only a

21

portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly

22

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

23

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

24

Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding, all

25

protected testimony.

26

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

27

items, that the Producing Party affix in a prominent place on the exterior of the container or containers in

28

which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or portions of the

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

5.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

1

information or item warrant protection, the Producing Party, to the extent practicable, shall identify the

2

protected portion(s).

3

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate

4

qualified information or items does not, standing alone, waive the Designating Party’s right to secure

5

protection under this Order for such material. Upon timely correction of a designation, the Receiving Party

6

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

7

Order.

8

6.

9

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

10

at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary to

11

avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay

12

of the litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to

13

mount a challenge promptly after the original designation is disclosed.

14

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution process by

15

providing written notice of each designation it is challenging and describing the basis for each challenge. To

16

avoid ambiguity as to whether a challenge has been made, the written notice must recite that the challenge to

17

confidentiality is being made in accordance with this specific paragraph of the Protective Order. The parties

18

shall attempt to resolve each challenge in good faith and must begin the process by conferring directly (in

19

voice to voice dialogue; other forms of communication are not sufficient) within 14 days of the date of service

20

of notice. In conferring, the Challenging Party must explain the basis for its belief that the confidentiality

21

designation was not proper and must give the Designating Party an opportunity to review the designated

22

material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for

23

the chosen designation. A Challenging Party may proceed to the next stage of the challenge process only if it

24

has engaged in this meet and confer process first or establishes that the Designating Party is unwilling to

25

participate in the meet and confer process in a timely manner.

26

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the

27

Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 141.1 (and in

28

compliance with Civil Local Rules 140 and 141, if applicable) within 21 days of the initial notice of challenge
Firmwide:119473717.1 064194.1023
Case No. 2:12−CV−02926−TLN−JFM
6.

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

STIPULATED PROTECTIVE ORDER

1

or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute,

2

whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that the

3

movant has complied with the meet and confer requirements imposed in the preceding paragraph. Failure by

4

the Designating Party to make such a motion including the required declaration within 21 days (or 14 days, if

5

applicable) shall automatically waive the confidentiality designation for each challenged designation. In

6

addition, the Challenging Party may file a motion challenging a confidentiality designation at any time if

7

there is good cause for doing so, including a challenge to the designation of a deposition transcript or any

8

portions thereof. Any motion brought pursuant to this provision must be accompanied by a competent

9

declaration, or similar document as may be required by the court, affirming that the movant has complied with

10

the meet and confer requirements imposed by the preceding paragraph.

11

The burden of persuasion in any such challenge proceeding shall be on the Designating Party.

12

Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary expenses

13

and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party

14

has waived the confidentiality designation by failing to file a motion to retain confidentiality as described

15

above, all parties shall continue to afford the material in question the level of protection to which it is entitled

16

under the Producing Party’s designation until the court rules on the challenge.

17

7.

18

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

19

by another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting

20

to settle this litigation. Such Protected Material may be disclosed only to the categories of persons and under

21

the conditions described in this Order. When the litigation has been terminated, a Receiving Party must

22

comply with the provisions of section 15 below (FINAL DISPOSITION).

23
24
25

Protected Material must be stored and maintained by a Receiving Party at a location and in a secure
manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the

26

court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or

27

item designated “CONFIDENTIAL” only to:

28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

7.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

1

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

2

said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this

3

litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

4

Exhibit A;

5

(b) the officers, directors, and employees (including House Counsel) of the Receiving Party

6

to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and

7

Agreement to Be Bound” (Exhibit A);

8

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

9

necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”

10

(Exhibit A);

11

(d) the court and its personnel;

12

(e) court reporters and their staff, professional jury or trial consultants, and Professional

13

Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the

14

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

15

(f) during their depositions, witnesses in the action to whom disclosure is reasonably

16

necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

17

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

18

testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court

19

reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order.

20

(g) the author or recipient of a document containing the information or a custodian or other

21

person who otherwise possessed or knew the information.

22

8.

23
24
25
26
27

PROTECTED
LITIGATION

MATERIAL

SUBPOENAED

OR

ORDERED

PRODUCED

IN

OTHER

If a Party is served with a subpoena or a court order issued in other litigation that compels
disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall include a copy of
the subpoena or court order;

28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

8.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

1

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

2

litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order.

3

Such notification shall include a copy of this Stipulated Protective Order; and

4
5

(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.

6

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

7

or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a

8

determination by the court from which the subpoena or order issued, unless the Party has obtained the

9

Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking

10

protection in that court of its confidential material – and nothing in these provisions should be construed as

11

authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court.

12

9.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

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

The terms of this Order are applicable to information produced by a Non-Party in this

action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with
this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions
should be construed as prohibiting a Non-Party from seeking additional protections.
(b)

In the event that a Party is required, by a valid discovery request, to produce a Non-

Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party
not to produce the Non-Party’s confidential information, then the Party shall:
1. promptly notify in writing the Requesting Party and the Non-Party that some or all of
the information requested is subject to a confidentiality agreement with a Non-Party;
2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in this
litigation, the relevant discovery request(s), and a reasonably specific description of the information
requested; and
3. make the information requested available for inspection by the Non-Party.
(c)

If the Non-Party fails to object or seek a protective order from this court within 14

days of receiving the notice and accompanying information, the Receiving Party may produce the NonFirmwide:119473717.1 064194.1023

9.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

1

Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a

2

protective order, the Receiving Party shall not produce any information in its possession or control that is

3

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

4

court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court

5

of its Protected Material.

6

10.

1

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

7

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

8

Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the

9

Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures,

10

(b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

11

persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such

12

person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

13

Exhibit A.

14

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL

15

When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

16

material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those

17

set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever

18

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

19

review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the

20

effect of disclosure of a communication or information covered by the attorney-client privilege or work

21

product protection, the parties may incorporate their agreement in the stipulated protective order submitted to

22

the court.

23

12.

24
25

MISCELLANEOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to seek its

modification by the court in the future.

26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

1
The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to afford
the Non-Party an opportunity to protect its confidentiality interests in this court.

Firmwide:119473717.1 064194.1023

10.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

1

12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective Order no Party

2

waives any right it otherwise would have to object to disclosing or producing any information or item on any

3

ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any

4

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

5

12.3

Filing Protected Material. Without written permission from the Designating Party or a court

6

order secured after appropriate notice to all interested persons, a Party may not file in the public record in this

7

action any Protected Material. A Party that seeks to file under seal any Protected Material must comply with

8

Civil Local Rule 141. Protected Material may only be filed under seal pursuant to a court order authorizing

9

the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule 141, a sealing order will

10

issue only upon a request establishing that the Protected Material at issue is privileged, protectable as an

11

attorney-client communication and/or attorney work product, or otherwise entitled to protection under the

12

law. If a Receiving Party’s request to file Protected Material under seal pursuant to Civil Local Rule 141 is

13

denied by the court, then the Receiving Party may file the Protected Material in the public record pursuant to

14

Civil Local Rule 140 unless otherwise instructed by the court.

15

13.

FINAL DISPOSITION

16

Within 60 days after the final disposition of this action, as defined in paragraph 4, each

17

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

18

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

19

other format reproducing or capturing any of the Protected Material. Whether the Protected Material is

20

returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if

21

not the same person or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by category,

22

where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving

23

Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or

24

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

25

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

26

correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert

27

work product, even if such materials contain Protected Material. Any such archival copies that contain or

28

constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
Firmwide:119473717.1 064194.1023
Case No. 2:12−CV−02926−TLN−JFM
11.

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

STIPULATED PROTECTIVE ORDER

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3
DATED: April 18, 2013

/s/ George Duesdieker (as authorized on 04/18/13)
GEORGE DUESDIEKER
Law Office of George Duesdieker
Attorneys for Plaintiff PHYLLIS WHITTEN

DATED: April 19, 2013

10

/s/ Barbara A. Blackburn
_
MARGARET HART EDWARDS
ADRIANNE B. OSTROWSKI
BARBARA A. BLACKBURN
Littler Mendelson, P.C.
Attorneys for Defendants FRONTIER
COMMUNICATIONS CORPORATION, CITIZENS

11

TELECOM SERVICES COMPANY, L.L.C., AND
KEVIN MAILLOUX

4
5
6
7
8
9

12
13

PURSUANT TO STIPULATION, IT IS SO ORDERED.

14
15

DATED: May 9, 2013.

16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

12.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER

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 the

5

Stipulated Protective Order that was issued by the United States District Court for the Eastern District of

6

California on [________] in the case of Phyllis Whitten v. Frontier Communications Corporation, Citizens

7

Telecom Services Company, L.L.C., and Kevin Mailloux, Case No. 2:12−CV−02926−TLN−JFM. I agree to

8

comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and

9

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

10

contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to

11

this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this

12

Order.

13

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

14

District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such

15

enforcement proceedings occur after termination of this action.

16

I

hereby

appoint

__________________________

[print

or

type

full

name]

of

17

_______________________________________ [print or type full address and telephone number] as my

18

California agent for service of process in connection with this action or any proceedings related to

19

enforcement of this Stipulated Protective Order.

20
21

Date: _________________________________

22

City and State where sworn and signed: _________________________________

23

Printed name: ______________________________
[printed name]

24
25

Signature: __________________________________
[signature]

26
27
28
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

Firmwide:119473717.1 064194.1023

13.

Case No. 2:12−CV−02926−TLN−JFM

STIPULATED PROTECTIVE ORDER