Non v. Comcast Inc.

Filing 21

Order by Hon. Vince Chhabria granting 20 Stipulated Protective Order.(knm, COURT STAFF) (Filed on 10/28/2014)

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TROY A. VALDEZ, State Bar No. 191478
ERIN M. DOYLE, State Bar No. 233113
TAMARA H. FISHER, State Bar No. 238170
VALDEZ TODD & DOYLE LLP
1901 Harrison Street, Suite 1450
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant COMCAST CABLE
COMMUNICATIONS MANAGEMENT, LLC
DANIEL RAY BACON, State Bar No. 103866
Law Offices of Daniel Ray Bacon
234 Van Ness Avenue
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff JOSE M. NON

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UNITED STATES DISTRICT COURT

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NORTERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOSE M. NON,

) Case No. CV-14-01845-VC
)
Plaintiff,
) STIPULATED PROTECTIVE ORDER
) AND [PROPOSED] ORDER
v.
)
)
COMCAST CABLE COMMUNICATIONS
)
MANAGEMENT, LLC, a Delaware limited
)
liability company; and DOES 1 – 50 inclusive, )
)
Defendants.
)
)
)
)
)
)
Defendant Comcast Cable Communications Management, LLC (hereinafter “Comcast”
or “Defendant”) and Plaintiff Jose M. Non (“Plaintiff”), by and through their respective counsel
JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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of record, hereby stipulate to and petition this Court to enter the Protective Order set forth below

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for good cause.

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WHEREAS, each party recognizes that some of the documents and information produced

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in this action may contain trade secrets, confidential, proprietary technical, commercial, business,

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financial information and/or private, personnel or medical information subject to a constitutional

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right of privacy and/or nonpublic information regarding Defendant’s business operations,

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including manuals, policies, employee claims, employee terminations, employee benefits,

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internal complaints and/or Defendant’s customers, vendors, income, profits, losses, and

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expenditures, the disclosure of which may violate third parties’ rights to privacy and cause harm

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to Defendant’s competitive position in the marketplace;

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IT IS THEREFORE STIPULATED AND AGREED by and between the parties hereto,

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through their respective counsel, that the following Order may be entered by the Court to give

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effect to the stipulations set forth below:
1.

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This stipulated protective order shall apply to all Confidential Information. As

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used herein, “Confidential Information” shall mean testimony, written or recorder materials, and

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information in any other form, which constitutes, reflects or discloses confidential, competitively

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sensitive, proprietary and/or trade secret information of the party, or information that is protected

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from disclosure by the privacy rights of third parties, including customers, employees or other

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third parties, which the designating person wishes to maintain in confidence. Any party to the

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above-captioned action shall have standing to designate as Confidential Information any

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information that was created by or communicated to or from an employee, or agent, of that party.

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“Designating person” means the party, or third person or entity, who designates documents,

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testimony or information as Confidential Information under this Order.
2.

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All documents or information produced or to be produced by any party in

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connection with this litigation that has been designated by the producing party as Confidential

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Information shall be used only for the purpose of this litigation, including trial preparation and

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trial.

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-2JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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3.

Except as otherwise provided by stipulation of counsel, which stipulation must

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include counsel for the designating party, or order of the Court upon a showing of good cause, no

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document containing Confidential Information, including information contained therein, shall be

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furnished, shown, or disclosed to any person except: (1) counsel for the parties to this action and

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paralegals and other professional personnel employed by said counsel assisting those attorneys in

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the preparation and trial of this action; (2) non-party retained expert witness and consultants who

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are assisting said counsel in preparation and/or trial; (3) the parties or representatives of the

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parties having responsibility for the prosecution or defense of the case; (4) any private mediation

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to whom the parties agree in writing; and (5) the Court and jury, as necessary for purposes of

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trial and/or motions, and/or any appeal. However, such Confidential Information may be

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disclosed to a witness at deposition or trial for the purpose of examining the witness if necessary.

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Except for purposes of impeachment of a party hereto, prior to disclosing the Confidential

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Information to the witness, counsel for the examining party shall, if appropriate, advise counsel

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for the designating party that he or she intends to use Confidential Information with the witness.

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In addition, the witness shall be required to sign the form specified in paragraph 5 of this Order

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prior to disclosure of the Confidential Information.

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4.

No person to whom this Confidential Information is disclosed shall discuss the

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Confidential Information or disclose it to any other person, or for any purpose other than those

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specified in paragraph 3. Counsel to whom Confidential Information is disclosed or produced

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shall be responsible for ensuring that each person to whom Confidential Information is disclosed

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is informed of the terms of this stipulated protective order and shall be provided with a copy of

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this Order. Prior to being given access to these materials, each such person shall acknowledge in

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writing his or her agreement to be bound by the terms of this Order by executing the form

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specified in Attachment A hereto.

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5.

Any attorney who discloses Confidential Information shall maintain in his or her

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office an executed acknowledgment in the form of Attachment A from each person to whom

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such Confidential Information has been disclosed.

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-3JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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6.

In connection with the production of documents in this action, any designating

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person may stamp, mark or otherwise designate any document comprising, containing or

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referring to Confidential Information produced or to be produced by it in connection with this

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litigation as “Confidential Information -- Subject to Protective Order.”

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7.

In connection with the taking of any deposition in this action:

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a. The party who noticed or requested the deposition shall, prior to the

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commencement of testimony at such deposition, serve a copy of this Order upon

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the officer reporting the deposition. Such officer shall acknowledge service of a

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copy of this Order, and shall agree that he/she, his/her employees, and his/her

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agents shall be bound by the terms of this Order, and shall make no use or

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disclosure of Confidential Information unless expressly permitted by the terms of

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this Order, or by the express consent of all parties and any designating person

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who are or may become subject to the provisions of this Order. Such officer shall

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provide copies of the deposition transcript or deposition exhibits only to attorneys

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for the parties and, if the deposition is of a third person or entity, to that deponent

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or his/her attorney. Depositions at which Confidential Information is to be

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disclosed shall be attended only by persons authorized hereunder to have access to

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such information.

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b. Counsel for any party hereto may, either during any such deposition or within

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thirty days of receipt of the transcript, designate the deposition transcript along

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with the deposition exhibits, or any portion thereof, as Confidential Information.

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If the deposition is of a third person or entity not joined herein, that third person

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or entity may use the same designation process set forth in this Paragraph.

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c. Relating to deposition testimony, the witness or his counsel shall invoke the

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provisions of this Order by stating on the record during the deposition that

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testimony given at the deposition is designated “Confidential.” No person shall

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attend those portions of the depositions designated “Confidential” unless such

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person is an authorized recipient of classified information under the terms of this
-4JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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Order. Any court reporter who transcribes “Confidential” testimony in this action

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at a deposition shall agree, before transcribing any such testimony, that all

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“Confidential” testimony is and shall remain as such and shall not be disclosed

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except as provided in this Order; copies of any transcript, reporter’s notes, or any

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other transcription records of any such testimony prepared by the court reporter,

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will be marked “Confidential,” as appropriate, and will be retained in absolute

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confidentiality and safekeeping by such reporter or delivered to the attorneys of

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record or filed under seal with the Court.
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When a party to this Order designates the testimony (including proposed

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testimony) of a person being deposed as Confidential Information, and objection is made to such

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designation, such testimony shall not be withheld because such objection has been made to the

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Confidential Information designation. Such testimony shall be treated as Confidential

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Information until a stipulation or order on motion that it should not be so treated.
9.

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Any part or parts of this Order may be amended at any time by court order

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pursuant to written stipulation of the parties hereto or by order of this Court for good cause

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shown.

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10.

If a party to this Order objects to the designation of any Confidential Information,

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that party shall so notify the designating party in writing, identifying the Confidential

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Information as to which objection is made. The designating party shall respond within ten (10)

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business days from receipt of such notice. If the parties cannot agree with respect to the

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treatment to be accorded the material that has been designated as Confidential Information, the

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designating party shall file and serve a motion which seeks a ruling from the Court with respect

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to the designation(s) to which it has objected within 21 days of the initial notice of challenge or

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

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dispute, whichever is earlier. The party seeking to maintain the Confidential Information shall

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bear the burden of establishing such status is warranted. Pending the Court's ruling, the

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provisions of this Order shall remain in force.

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-5JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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11.

The parties shall comply with the Local Rules for the Superior Court of Butte

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County in connection with filing or lodging with the Court documents or information designated

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as Confidential Information under this Order. Such documents or information shall be sealed in a

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clearly marked envelope and opened only upon further direction of this Court. No documents

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filed under seal shall be made available to third parties or the public except by further order of

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this Court or in accordance with the terms, including the permitted uses specified at Paragraphs 3

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and 4, of this Order.

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12.

The execution of this Order shall not, in itself, operate as an admission against or

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otherwise prejudice any contention of any party on any motion provided for herein, or in any

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other proceeding or trial in this action, nor shall this Order be taken to constitute a waiver of any

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party's right to seek relief from the Court from any or all provisions of this Order.

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Nothing in this Order shall be construed as prejudicing or limiting the right of

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third persons or entities not joined herein from pursuing any and all remedies available to them.

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If such third person or entity chooses to make a Confidential Information designation in

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compliance with this Order, the third person shall be deemed to have submitted the question of

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validity of any challenged designation to the jurisdiction of this Court.

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14.

This Order shall not prevent or limit any party from using Confidential

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Information in discovery, at trial, or with respect to depositions of those persons authorized

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under this Order to view Confidential Information. Additionally, documents or interrogatory

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responses which have been designated as Confidential Information may be used at the deposition

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of the party which produced such Confidential Information. Any document or interrogatory

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responses designated as Confidential Information and used in a deposition under the terms set

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forth in this Order which is desired to be attached as an exhibit to said deposition shall be sealed

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and separately bound from the testimony and exhibits which are not marked as Confidential

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Information.

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15.

The terms of this Order shall remain in full force and effect and shall not cease to

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be in effect because of final adjudication of this litigation. Upon resolution of this action in the

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trial court, all Confidential Information shall be held by counsel pending final resolution of this
-6JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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litigation by appeal or otherwise. Within 90 days after such final resolution, all documents

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containing Confidential Information, including all copies, summaries, and compilations, shall be

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destroyed or, at the request of producing counsel, be returned. Each party is responsible for such

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return or destruction shall certify to all other counsel of record that such destruction or return in

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fact took place.
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Notwithstanding Paragraph 16 above, counsel are not required to destroy legal

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memoranda or opinion letters and other attorney-client privilege or work product document that

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may contain references to or information extracted from said documents, and all such memos

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and correspondence may be retained in the attorney's files. However, the confidentiality of

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documents and information is otherwise to be protected in accordance with the terms of this

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Order.
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Nothing contained in this Order shall preclude any party from applying to the

Court for further relief or for modification of any provision hereof.
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Nothing contained in this Order is intended to or shall be deemed to limit either

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party from any further use of Confidential Information (or information derived therefrom) which

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that party or its agent has itself produced, generated or obtained other than through discovery in

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this action.

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Except as specifically provided herein, the terms, conditions and limitations of

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this stipulation and Order shall survive the termination of this action.

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-7JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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Dated: October 27, 2014

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LAW OFFICES OF DANIEL RAY BACON
By: ___/s/ Daniel Bacon_____________________
Daniel Bacon, Attorney for Plaintiff
JOSE M. NON

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Dated: October 27, 2014

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Valdez Todd & Doyle LLP
By: ___/s/ Troy A. Valdez____________________
Troy A. Valdez, Esq., Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC

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IT IS SO ORDERED.

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October 28, 2014
Dated:___________________

__________________________________
HON. VINCE CHHABRIA

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-8JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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ATTACHMENT “A”

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VERIFIED ACKNOWLEDGEMENT

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I, the undersigned, do hereby declare,

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I have read the protective order in the subject lawsuit regarding confidential and

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proprietary documents (“Stipulated Protective Order”). I hereby agree to abide by the terms of

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the terms of the Stipulated Protective Order.

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Executed this _____ day of __________________, ______ at
__________________________, ______________________________.
__________________________________________

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JOINT STIPULATED [PROPOSED] PROTECTIVE ORDER - Case No.: CV-14-01845-VC

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ATTESTATION PURSUANT TO LOCAL RULE 5-1
Pursuant to Local Rule 5-1 of the Northern District of California, I attest that concurrence

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in the filing of this document has been obtained from each of the other signatories to this

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document.

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/s/ Troy A. Valdez _____________
Troy A. Valdez

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ATTESTATION