Sansone et al v. Charter Communications, Inc. et al

Filing 13

ORDER Granting Joint Motion and Entering Stipulated Protective Order (ECF No. 12 ). Signed by Magistrate Judge Jill L. Burkhardt on 11/13/2017. (ajs)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JENNIFER M. SANSONE, et al., Case No.: 17-cv-01880-WQH (JLB) Plaintiff, 12 13 v. 14 ORDER GRANTING JOINT MOTION AND ENTERING STIPULATED PROTECTIVE ORDER CHARTER COMMUNICATIONS, INC., et al., 15 16 Defendant. [ECF No. 12] 17 18 19 20 21 22 23 24 25 26 27 28 The Court recognizes that at least some of the documents and information ("materials") being sought through discovery in the above-captioned action are, for competitive reasons, normally kept confidential by the parties. The parties have agreed to be bound by the terms of this Protective Order in this action. The materials to be exchanged throughout the course of the litigation between the parties may contain trade secret or other confidential research, technical, cost, price, marketing, personnel, or other commercial information, as is contemplated by Federal Rule of Civil Procedure 26(c)(7). The purpose of this Order is to protect the confidentiality of such materials as much as practical during the litigation. Without separate court order, the Protective Order and the parties’ stipulation do not change, amend, or circumvent any court rule or local rule. THEREFORE: 1 17-cv-01880-WQH (JLB) 1 2 DEFINITIONS 1. The term "Confidential Information" will mean and include information 3 contained or disclosed in any materials, including documents, portions of documents, 4 answers to interrogatories, responses to requests for admissions, trial testimony, deposition 5 testimony, and transcripts of trial testimony and depositions, including data, summaries, 6 and compilations derived therefrom that is deemed to be Confidential Information by any 7 party to which it belongs. 8 2. The term "materials" will include, but is not be limited to: documents; 9 correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other 10 material that identify customers or potential customers; personnel lists or rosters; price lists 11 or schedules or other matter identifying pricing; minutes; telegrams; letters; statements; 12 cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes of 13 conversations; desk diaries; appointment books; expense accounts; recordings; 14 photographs; motion pictures; compilations from which information can be obtained and 15 translated into reasonably usable form through detection devices; sketches; drawings; notes 16 (including laboratory notebooks and records); reports; instructions; disclosures; other 17 writings; models and prototypes and other physical objects. 18 3. The term "counsel" will mean outside counsel of record, and other attorneys, 19 paralegals, secretaries, and other support staff employed in the law firms identified below: 20 Kabat Chapman & Ozmer LLP, Meservy Law, P.C., and Dente Law, P.C. in-house 21 attorneys for Charter Communications, Inc. 22 23 GENERAL RULES 4. Each party to this litigation that produces or discloses any materials, answers 24 to interrogatories, responses to requests for admission, trial testimony, deposition 25 testimony, and transcripts of trial testimony and depositions, or information that the 26 producing party believes should be subject to this Protective Order may designate the same 27 as "CONFIDENTIAL" or "CONFIDENTIAL - FOR COUNSEL ONLY." 28 a. Designation as "CONFIDENTIAL": Any party may designate information as 2 17-cv-01880-WQH (JLB) 1 "CONFIDENTIAL" only if, in the good faith belief of such party and its counsel that the 2 information is personally sensitive information (such as home addresses, dates of birth, 3 social security numbers, medical records, or similar information) or could be potentially 4 prejudicial to the business or operations of such party such that the unrestricted use and 5 disclosure of such information should not be permitted. 6 b. Designation as "CONFIDENTIAL - FOR COUNSEL ONLY": Any party 7 may designate information as "CONFIDENTIAL - FOR COUNSEL ONLY" only if, in the 8 good faith belief of such party and its counsel, the information is among that considered to 9 be most sensitive by the party, including but not limited to trade secret or other confidential 10 11 research, development, financial or other commercial information. 5. In the event the producing party elects to produce materials for inspection, no 12 marking need be made by the producing party in advance of the initial inspection. For 13 purposes of the initial inspection, all materials produced will be considered as 14 "CONFIDENTIAL - FOR COUNSEL ONLY," and must be treated as such pursuant to the 15 terms of this Order. Thereafter, upon selection of specified materials for copying by the 16 inspecting party, the producing party must, within a reasonable time prior to producing 17 those materials to the inspecting party, mark the copies of those materials that contain 18 Confidential Information with the appropriate confidentiality marking. 19 20 21 6. Whenever a deposition taken on behalf of any party involves a disclosure of Confidential Information of any party: a. the deposition or portions of the deposition must be designated as 22 containing Confidential Information subject to the provisions of this 23 Order; such designation must be made on the record whenever possible, 24 but a party may designate portions of depositions as containing 25 Confidential Information after transcription of the proceedings; [A] 26 party will have until fourteen (14) days after receipt of the deposition 27 transcript to inform the other party or parties to the action of the 28 portions of the transcript to be designated "CONFIDENTIAL" or 3 17-cv-01880-WQH (JLB) "CONFIDENTIAL - FOR COUNSEL ONLY.” 1 2 b. the disclosing party will have the right to exclude from attendance at 3 the deposition, during such time as the Confidential Information is to 4 be disclosed, any person other than the deponent, counsel (including 5 their staff and associates), the court reporter, and the person(s) agreed 6 upon pursuant to paragraph 8 below; and 7 c. the originals of the deposition transcripts and all copies of the 8 deposition 9 "CONFIDENTIAL - FOR COUNSEL ONLY," as appropriate, and the 10 original or any copy ultimately presented to a court for filing must not 11 be filed unless it can be accomplished under seal, identified as being 12 subject to this Order, and protected from being opened except by order 13 of this Court. 14 7. must bear the legend "CONFIDENTIAL" or All Confidential Information designated as "CONFIDENTIAL" or 15 "CONFIDENTIAL FOR COUNSEL ONLY" must not be disclosed by the receiving party 16 to anyone other than those persons designated within this order and must be handled in the 17 manner set forth below and, in any event, must not be used for any purpose other than in 18 connection with this litigation, unless and until such designation is removed either by 19 agreement of the parties, or by order of the Court. 20 8. Information designated "CONFIDENTIAL - FOR COUNSEL ONLY" must 21 be viewed only by counsel (as defined in paragraph 3) of the receiving party, and by 22 independent experts under the conditions set forth in this Paragraph. The right of any 23 independent expert to receive any Confidential Information will be subject to the advance 24 approval of such expert by the producing party or by permission of the Court. The party 25 seeking approval of an independent expert must provide the producing party with the name 26 and curriculum vitae of the proposed independent expert, and an executed copy of the form 27 attached hereto as Exhibit A, in advance of providing any Confidential Information of the 28 producing party to the expert. Any objection by the producing party to an independent 4 17-cv-01880-WQH (JLB) 1 expert receiving Confidential Information must be made in writing within fourteen (14) 2 days following receipt of the identification of the proposed expert. Confidential 3 Information may be disclosed to an independent expert if the fourteen (14) day period has 4 passed and no objection has been made. The approval of independent experts must not be 5 unreasonably withheld. 6 9. Information designated "CONFIDENTIAL" must be viewed only by counsel 7 (as defined in paragraph 3) of the receiving party, by independent experts (pursuant to the 8 terms of paragraph 8), and by the additional individuals listed below, provided each such 9 individual has read this Order in advance of disclosure and has agreed in writing to be 10 bound by its terms: 11 a) 12 Executives who are required to participate in policy decisions with reference to this action; 13 b) Technical personnel of the parties with whom Counsel for the parties 14 find it necessary to consult, in the discretion of such counsel, in 15 preparation for trial of this action; and 16 c) 17 18 Stenographic and clerical employees associated with the individuals identified above. 10. With respect to material designated "CONFIDENTIAL" or 19 "CONFIDENTIAL – FOR COUNSEL ONLY," any person indicated on the face of the 20 document to be its originator, author or a recipient of a copy of the document, may be 21 shown the same. 22 11. All information which has been designated as "CONFIDENTIAL" or 23 "CONFIDENTIAL -FOR COUNSEL ONLY" by the producing or disclosing party, and 24 any and all reproductions of that information, must be retained in the custody of the counsel 25 for the receiving party identified in paragraph 3, except that independent experts authorized 26 to view such information under the terms of this Order may retain custody of copies such 27 as are necessary for their participation in this litigation. 28 12. Before any materials produced in discovery, answers to interrogatories, 5 17-cv-01880-WQH (JLB) 1 responses to requests for admissions, deposition transcripts, or other documents which are 2 designated as Confidential Information are filed with the Court for any purpose, the party 3 seeking to file such material must seek permission of the Court to file the material under 4 seal. No document shall be filed under seal unless counsel secures a court order allowing 5 the filing of a document under seal. An application to file a document under seal shall be 6 served on opposing counsel, and on the person or entity that has custody and control of the 7 document, if different from opposing counsel. If the application to file under seal a 8 document designated as confidential is being made by the non-designating party, then, 9 upon request, the designating party must promptly provide the applicant with a legal basis 10 for the confidential designation to include within the application. If opposing counsel, or 11 the person or entity that has custody and control of the document, wishes to oppose the 12 application, he/she must contact the chambers of the judge who will rule on the application, 13 to notify the judge’s staff that an opposition to the application will be filed. 14 13. At any stage of these proceedings, any party may object to a designation of 15 the materials as Confidential Information. The party objecting to confidentiality must 16 notify, in writing, counsel for the designating party of the objected-to materials and the 17 grounds for the objection. If the dispute is not resolved consensually between the parties 18 within seven (7) days of receipt of such a notice of objections, the objecting party may 19 move the Court for a ruling on the objection. The materials at issue must be treated as 20 Confidential Information, as designated by the designating party, until the Court has ruled 21 on the objection or the matter has been otherwise resolved. 22 14. All Confidential Information must be held in confidence by those inspecting 23 or receiving it, and must be used only for purposes of this action. Counsel for each party, 24 and each person receiving Confidential Information must take reasonable precautions to 25 prevent the unauthorized or inadvertent disclosure of such information. If Confidential 26 Information is disclosed to any person other than a person authorized by this Order, the 27 party responsible for the unauthorized disclosure must immediately bring all pertinent facts 28 relating to the unauthorized disclosure to the attention of the other parties and, without 6 17-cv-01880-WQH (JLB) 1 prejudice to any rights and remedies of the other parties, make every effort to prevent 2 further disclosure by the party and by the person(s) receiving the unauthorized disclosure. 3 15. No party will be responsible to another party for disclosure of Confidential 4 Information under this Order if the information in question is not labeled or otherwise 5 identified as such in accordance with this Order. 6 16. If a party, through inadvertence, produces any Confidential Information 7 without labeling or marking or otherwise designating it as such in accordance with this 8 Order, the designating party may give written notice to the receiving party that the 9 document or thing produced is deemed Confidential Information, and that the document or 10 thing produced should be treated as such in accordance with that designation under this 11 Order. The receiving party must treat the materials as Confidential, once the designating 12 party so notifies the receiving party. If the receiving party has disclosed the materials before 13 receiving the designation, the receiving party must notify the designating party in writing 14 of each such disclosure. Counsel for the parties will agree on a mutually acceptable manner 15 of labeling or marking the inadvertently produced materials as "CONFIDENTIAL" or 16 "CONFIDENTIAL - FOR COUNSEL ONLY" - SUBJECT TO PROTECTIVE ORDER. 17 17. Nothing within this order will prejudice the right of any party to object to the 18 production of any discovery material on the grounds that the material is protected as 19 privileged or as attorney work product. 20 18. Nothing in this Order will bar counsel from rendering advice to their clients 21 with respect to this litigation and, in the course thereof, relying upon any information 22 designated as Confidential Information, provided that the contents of the information must 23 not be disclosed. 24 19. This Order will be without prejudice to the right of any party to oppose 25 production of any information for lack of relevance or any other ground other than the mere 26 presence of Confidential Information. The existence of this Order must not be used by 27 either party as a basis for discovery that is otherwise improper under the Federal Rules of 28 Civil Procedure. 7 17-cv-01880-WQH (JLB) 1 2 3 20. Nothing within this order will be construed to prevent disclosure of Confidential Information if such disclosure is required by law or by order of the Court. 21. Upon final termination of this action, including any and all appeals, counsel 4 for each party must, upon request of the producing party, return all Confidential 5 Information to the party that produced the information, including any copies, excerpts, and 6 summaries of that information, or must destroy same at the option of the receiving party, 7 and must purge all such information from all machine-readable media on which it resides. 8 Notwithstanding the foregoing, counsel for each party may retain all pleadings, briefs, 9 memoranda, motions, and other documents filed with the Court that refer to or incorporate 10 Confidential Information, and will continue to be bound by this Order with respect to all 11 such retained information. Further, attorney work product materials that contain 12 Confidential Information need not be destroyed, but, if they are not destroyed, the person 13 in possession of the attorney work product will continue to be bound by this Order with 14 respect to all such retained information. 15 calendar days of the termination of the case, the parties understand that the Court will 16 destroy any confidential documents in its possession. 17 22. Absent an ex parte motion made within 10 The restrictions and obligations set forth within this order will not apply to 18 any information that: (a) the parties agree should not be designated Confidential 19 Information; (b) the parties agree, or the Court rules, is already public knowledge; (c) the 20 parties agree, or the Court rules, has become public knowledge other than as a result of 21 disclosure by the receiving party, its employees, or its agents in violation of this Order; or 22 (d) has come or will come into the receiving party's legitimate knowledge independently 23 of the production by the designating party. Prior knowledge must be established by pre- 24 production documentation. 25 23. The restrictions and obligations within this order will not be deemed to 26 prohibit discussions of any Confidential Information with anyone if that person already has 27 or obtains legitimate possession of that information. 28 24. This Order may be modified by agreement of the parties, subject to approval 8 17-cv-01880-WQH (JLB) 1 2 by the Court. 25. The Court may modify the terms and conditions of this Order for good cause, 3 or in the interest of justice, or on its own order at any time in these proceedings. The parties 4 prefer that the Court provide them with notice of the Court's intent to modify the Order and 5 the content of those modifications, prior to entry of such an order. 6 7 Dated: November 7, 2017 DENTE LAW, P.C. MESERVY LAW, P.C. 8 9 By: s/ Matthew S. Dente Matthew S. Dente London D. Meservy 10 11 12 13 14 Attorneys for Plaintiffs Dated: November 7, 2017 Kabat, Chapman & Ozmer LLP 15 16 By: s/ Nathan D. Chapman Michael D. Kabat Joseph W. Ozmer J. Scott Carr Nathan D. Chapman Paul G. Sherman 17 18 19 Attorneys for Defendant 20 21 22 23 24 IT IS SO ORDERED. Dated: November 13, 2017 25 26 27 28 9 17-cv-01880-WQH (JLB) 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 BY PROTECTIVE ORDER 4 I, ________________________________________ [print or type full name], of 5 __________________________________________________________________ [print or type full address], 6 declare under penalty of perjury that I have read in its entirety and understand the 7 Protective Order and Order that was issued by the United Stated District Court for the 8 Central District of California, on _______________________, in the case of Jennifer Sansone et 9 al v. Charter Communications, Inc., Case No. 3:17-cv-01880-WQH-JLB. 10 I agree to comply with and to be bound by all the terms of this Protective Order 11 and Order and I understand and acknowledge that failure to so comply could expose 12 me to sanctions and punishment in the nature of contempt. I solemnly promise that 13 I will not disclose in any manner any information or item that is subject to this 14 Protective Order and Order to any person or entity except in strict compliance with 15 the provisions of this Order. I further agree to submit to the jurisdiction of the United 16 Stated District Court for the Southern District of California, for the purpose of 17 enforcing the terms of this Protective Order and Order, even if such enforcement 18 proceedings occur after termination of this action. 19 I hereby appoint _________________________________ [print or type full name] of 20 _________________________________________________________________ [print or type full address 21 and telephone number] as my California agent for service of process in connection 22 with this action or any proceedings related to enforcement of this Protective Order. 23 Date: _________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: ______________________________ Signature: _________________________________ 26 27 28 10 17-cv-01880-WQH (JLB)

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