Mazur v. Pacific Telesis Group Comprehensive Disability Benefits Plan et al, No. 3:2007cv01904 - Document 88 (N.D. Cal. 2008)
Court Description: ORDER GRANTING 87 Stipulation and Protective Order Regarding Confidentiality of Certain Documents. Signed by Judge Jeffrey S. White on 10/22/08. (jjo, COURT STAFF) (Filed on 10/22/2008)
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Mazur v. Pacific Telesis Group Comprehensive Disability Benefits Plan et al Case 3:07-cv-01904-JSW Document 87 Doc. 88 Filed 10/22/2008 Page 1 of 13 1 MICHELE B. MILLER (SBN 104198) mbm@millerlawgroup.com 2 LISA C. HAMASKI (SBN 197628) lch@millerlawgroup.com 3 KATHERINE L. KETTLER (SBN 231586) klk@millerlawgroup.com 4 MILLER LAW GROUP A Professional Corporation 5 111 Sutter Street, Suite 700 San Francisco, CA 94104 6 Tel. (415) 464-4300 Fax (415) 464-4336 7 Attorneys for Defendants 8 PACIFIC TELESIS GROUP COMPREHENSIVE DISABILITY BENEFITS 9 PLAN, AT&T UMBRELLA BENEFIT PLAN NO. 1 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 10 11 MICHAEL S. HENDERSON (SBN 175608) mhenderson@tealmontgomery.com 12 TEAL & MONTGOMERY 815 Fifth Street, Suite 200 13 Santa Rosa, California 95404 Telephone: (707) 525-1212 14 Facsimile: (707) 544-1388 15 Attorneys for Plaintiff 16 PAUL MAZUR 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 PAUL MAZUR, 21 22 Plaintiff, v. 23 24 PACIFIC BELL TELEPHONE COMPANY, a corporation, dba AT&T CALIFORNIA; and 25 DOES 1 through 100, inclusive 26 Case No.: C07-1904 JSW STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Complaint filed: April 4, 2007 Defendants. 27 28 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Dockets.Justia.com Case 3:07-cv-01904-JSW 1 Document 87 Filed 10/22/2008 Page 2 of 13 STATEMENT OF REASONS FOR PROTECTIVE ORDER 2 3 The discovery, pre-trial and trial phases of this action will involve the disclosure of 4 information that is proprietary, sensitive, implicates the privacy rights of individuals other 5 than Plaintiff PAUL MAZUR (“Plaintiff”), and/or contains trade secrets and other confidential 6 and proprietary business information about Defendants AT&T Umbrella Benefit Plan No. 1 7 (“Umbrella Plan”) and Pacific Telesis Group Comprehensive Disability Benefits Plan (“PTG 8 Plan”) (jointly “Defendants”). Accordingly, the Plaintiff and Defendants (collectively the 9 “parties”) – hereby stipulate that certain information and documents may be released in 10 discovery subject to an agreement as to how such information may be handled during the 11 course of this litigation and disclosed to others. 12 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 13 STIPULATION 14 15 IT IS HEREBY STIPULATED AND AGREED as follows by and between the parties 16 hereto through their undersigned counsel: 17 18 The following definitions and provisions shall apply to and govern this Stipulation and 19 Protective Order: 20 21 1. Documents and other discovery information that will be produced by the 22 parties pursuant to this Stipulated Protective Order (“Order” or “Protective Order”) may be 23 claimed by the parties to be of a private, confidential or proprietary nature. The purpose of 24 this Order is to protect the confidentiality of these documents and information. 25 26 2. All documents and information produced in this case by the parties shall be 27 protected from inappropriate disclosure in accordance with the following terms and 28 conditions: 1 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW 1 2 a. Document 87 Filed 10/22/2008 Page 3 of 13 The parties may, in good faith, designate as “Confidential” documents and other information, including but not limited to: 3 4 (1) Documents and/or information reflecting private or confidential 5 data about specific employees and/or former employees of 6 Defendants, including, but not limited to, documents and/or 7 information contained in personnel files, medical files, payroll 8 files, investigation files, or in any other files or records 9 (hereinafter referred to as “personnel information”); 10 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 11 (2) Documents and/or information concerning aspects of 12 Defendants’ business not known to the general public, including, 13 but not limited to, documents and/or information concerning its 14 policies, practices and/or procedures or other internal operational 15 matters, documents and/or information concerning Defendants’ 16 finances except as generally available to the public, and/or any 17 other similar information concerning Defendants’ business; 18 19 (3) Documents and/or information that any of the parties believe to 20 constitute or contain trade secrets, proprietary information, 21 confidential research, development, testing, or commercial 22 information, or other similar information that warrants confidential 23 treatment; 24 25 26 (4) Business, marketing, testing, research or strategic plans relating to any materials, products, goods and/or services. 27 28 2 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW 1 b. Document 87 Filed 10/22/2008 Page 4 of 13 All documents and other discovery information produced or disclosed 2 by a party and designated “Confidential” shall be used solely for the 3 purpose of “this action.” 4 action styled PAUL MAZUR v. Pacific Telesis Group Comprehensive 5 Disability Benefits Plan, AT&T Umbrella Benefit Plan No. 1, and 6 DOES 1 through 50, inclusive, filed in the United States District Court, 7 Northern District of California, Case No. C07-1904 JSW. “This action” specifically refers to the civil 8 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 9 c. Except in accordance with the terms of this Order or by further order of 10 the Court, the “Receiving Party” (as defined in Paragraph 2(e) below) of 11 any documents or information designated as “Confidential,” shall not 12 disclose or otherwise make available such “Confidential” information to 13 persons other than “Qualified Persons” as defined in Paragraph 2(f). 14 15 d. 16 “Producing Party” shall mean the party producing and designating the documents and/or information as “Confidential.” 17 18 e. 19 “Receiving Party” shall mean the party receiving the documents and/or information designated “Confidential.” 20 21 22 f. “Qualified Person” means: (1) A party to this action, an officer, director, employee or partner of 23 a party or in-house counsel having direct responsibility for, 24 working directly on, or testifying in connection with this action; 25 26 (2) Counsel of record for the parties and the legal assistants and 27 regularly-employed office staff of the counsel of record for the 28 parties; 3 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW 1 (3) Document 87 Filed 10/22/2008 Page 5 of 13 Persons hired by a party or its attorneys of record to provide 2 document services such as copying, imaging, and indexing of 3 documents, to the extent reasonably necessary and who have 4 executed a declaration in the form attached hereto as Exhibit A; 5 6 (4) Persons retained by a party or its attorneys of record to assist in 7 this action, such as independent accountants, expert witnesses, 8 statisticians, economists, consultants, or other technical experts 9 and/or consultants, who have executed a declaration in the form 10 attached hereto as Exhibit A, which signed acknowledgement 11 shall be retained by such party or its attorneys; 12 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 13 (5) Court officials involved in this action, including the Court and its 14 staff, 15 equipment at depositions, and any Special Master appointed by 16 the Court; court reporters, persons operating video recording 17 18 (6) Actual or potential witnesses in this action who are assisting 19 counsel in its prosecution or defense or whom counsel must 20 advise concerning the status of this action who have executed a 21 declaration in the form attached hereto as Exhibit A; however, 22 execution of a written declaration is unnecessary if the witness is 23 shown only “Confidential” documents and materials at a 24 deposition after expressing on the record his or her consent to be 25 bound by this Order; and 26 27 28 (7) Any other person designated by the Court in the interest of justice, upon such terms as the Court deems proper. 4 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW 1 g. Document 87 Filed 10/22/2008 Page 6 of 13 Unless prior written consent for further disclosure has been obtained 2 from counsel for the parties or permission for such disclosure has been 3 given by the Court, each “Qualified Person” with the exception of those 4 identified in Paragraphs 2(f)(1), (2), (5) and the latter part of (6) above, 5 to whom delivery, exhibition or disclosure of any materials designated 6 as “Confidential” is made, shall be provided with a copy of this Order, 7 and shall execute a declaration in the form attached hereto as Exhibit A. 8 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 9 h. “Confidential” documents and other information shall include all 10 originals and copies of any document and/or information that any party 11 has designated as such by stamping or otherwise marking each page 12 “CONFIDENTIAL.” In lieu of marking the original, if the original is not 13 produced, the designating party may mark the copies that are produced 14 to exchange. 15 such “Confidential” documents, including any quotation from such 16 documents, paraphrasing of such documents, and/or any other 17 description which conveys the “Confidential” information contained 18 therein. Notwithstanding the foregoing, documents or other information 19 produced and not so designated through mistake, inadvertence, or for 20 any other reason shall likewise be deemed “Confidential.” “Confidential” information also includes any portion of 21 22 i. It is not necessary to challenge the propriety of a “Confidential” 23 information designation at the time made, and a failure to do so shall 24 not preclude a subsequent challenge to such a designation. 25 26 (a) In the event that a party objects at any stage of this litigation to 27 the propriety of a designation by a party of any information as 28 “Confidential” information, the parties shall first try to resolve 5 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW Document 87 Filed 10/22/2008 Page 7 of 13 1 such dispute in good faith on an informal basis. 2 disputing 3 confidentiality of its objections to that designation. The producing 4 party shall then have five days to respond to said objections. If 5 the parties are still unable to resolve the dispute, the matter shall 6 be submitted to the Court. confidentiality shall notify the The party party claiming 7 8 (b) During the pendency of this process, the item in dispute shall be 9 considered “Confidential” Information and shall be covered by the 10 terms of this Order until such dispute is resolved by the parties or 11 the Court in accordance with the terms of this paragraph. 12 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 13 j. “Confidential” information shall not be disclosed or made available by 14 the “Receiving Party” to persons other than “Qualified Persons” without 15 further order of the Court except as otherwise provided in this 16 paragraph. 17 “Qualified Person” shall not constitute a waiver of the confidential status 18 of such “Confidential” information. Before disclosing any information 19 designated “Confidential” to anyone other than “Qualified Persons,” the 20 “Receiving Party” must serve prior notice of the identity of that person 21 and the information to be disclosed on the “Producing Party,” as 22 provided by this Order. Disclosure of any “Confidential” information to any 23 24 k. Where notice is required prior to disclosure of “Confidential” information 25 (as described in the preceding paragraph), the disclosing party shall 26 provide at least three (3) days’ advance notice, in addition to statutory 27 notice requirements, to allow objection by the “Producing Party.” 28 objection is made, the parties shall meet and confer, and if unable to 6 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW If Case 3:07-cv-01904-JSW Document 87 Filed 10/22/2008 Page 8 of 13 1 resolve the dispute, the “Producing Party” may submit the dispute to the 2 Court for resolution. 3 permitted until the dispute is resolved or by the Court’s order. When an objection is made, no disclosure is 4 5 l. All transcripts, depositions, exhibits, answers to interrogatories, and 6 other documents and things filed with the Court, which contain 7 “Confidential” information as defined above, or any pleading or 8 memorandum purporting to reproduce or paraphrase such information, 9 shall be filed and lodged with the Court pursuant to the rules set forth in 10 Civil L.R. 79-5, absent the parties’ mutual agreement that it would be 11 unnecessary to file under seal certain documents designated as 12 “Confidential.” M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 13 14 m. If any party objects to disclosure of “Confidential” information to be 15 made during the course of the trial of this matter, that party shall make a 16 good faith effort to resolve the issue by meeting and conferring on the 17 terms of disclosure, and if the parties are unable to agree, the matter 18 shall be submitted to the Court for resolution. 19 20 n. Nothing in this Order, nor any action taken in compliance with it, shall: 21 22 (1) Operate as an admission by the parties that any particular 23 document, discovery material, deposition transcript, or discovery 24 response is or is not confidential; or 25 26 (2) Prejudice in any way the right of any party to seek a 27 determination by the Court whether any particular document or 28 other information should or should not be disclosed, or if 7 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW Document 87 Filed 10/22/2008 Page 9 of 13 1 disclosed, whether it should remain subject to the terms of this 2 Order. 3 4 o. Nothing in this Order shall be deemed to impair the parties’ right to 5 object to the production of documents or information on any ground, 6 including but not limited to an objection that the documents or 7 information sought are privileged or otherwise protected from 8 disclosure, or to demand more stringent restrictions for the treatment or 9 disclosure of any documents or discovery information on any ground. 10 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 11 p. Upon final termination of this action, PAUL MAZUR v. Pacific Telesis 12 Group Comprehensive Disability Benefits Plan, AT&T Umbrella 13 Benefit Plan No. 1, and DOES 1 through 50, inclusive, filed in the 14 United States District Court, Northern District of California, Case No. 15 C07-1904 JSW, by closure or otherwise, originals and copies of all 16 materials and documents, in whatever form, constituting or including 17 “Confidential” information shall be returned to the “Producing Party” 18 upon notice and request of the “Producing Party.” Alternatively, at the 19 time of such final termination of this action, the parties may agree to 20 destruction of such “Confidential” information. 21 22 q. The undersigned counsel shall have the duty to use reasonable care 23 and precautions to ensure that any person under their control or the 24 control of their client who is designated as a “Qualified Person” 25 observes the terms of this Order. 26 27 28 r. The restrictions set forth in any of the preceding paragraphs shall not apply to information that: (a) was, is, or becomes public knowledge in a 8 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW Document 87 Filed 10/22/2008 Page 10 of 13 1 manner not in violation of this Order; (b) was or is acquired in good faith 2 from a third party not a party to this litigation, having the right to disclose 3 such information; or (c) was or is discovered independently by the 4 “Receiving Party.” 5 6 s. Sanctions may be imposed on any individual granted access to 7 “Confidential” information under this Order who uses such “Confidential” 8 information for any purpose other than in connection with this action or 9 in any manner which otherwise violates the terms of this Order. 10 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 11 t. “Confidential” information that is proprietary in nature, or information, 12 the disclosure of which could subject the “Producing Party” to a 13 potential loss of business advantage shall not be disclosed to any 14 person or entity that is in business competition with the “Producing 15 Party” except by the Court’s order, including those persons who meet 16 the definition of a “Qualified Person.” 17 18 u. 19 All parties who subsequently appear in this case will be subject to this Order. 20 21 v. After the termination of this action, the Court shall retain jurisdiction to 22 issue any further orders to enforce the Order and preserve the 23 confidentiality of all “Confidential” information. 24 proceedings herein shall not relieve any person from the obligations of 25 this Order, unless the Court orders otherwise. Termination of the 26 27 28 9 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW Document 87 Filed 10/22/2008 Page 11 of 13 1 w. This Order may be executed in counterparts and as executed, shall 2 constitute one Order binding on all the parties hereto, even if all the 3 parties are not signatories to the original or the same counterparts. 4 5 x. IT IS SO STIPULATED. 6 Dated: October 22, 2008 7 MILLER LAW GROUP A Professional Corporation 8 By: 9 10 11 12 /S/ Katherine L. Kettler Attorneys for Defendant s AT&T Umbrella Benefit Plan No. 1 and Pacific Telesis Group Comprehensive Disability Benefits Plan M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 13 14 Dated: October 22, 2008 TEAL & MONTGOMERY 15 16 By: 17 /S/ Michael S. Henderson Attorneys for Plaintiff PAUL MAZUR 18 19 20 21 22 23 24 25 26 27 28 10 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW 1 Document 87 Filed 10/22/2008 Page 12 of 13 PROTECTIVE ORDER 2 3 IT IS SO ORDERED. 4 5 October 22, 2008 Dated: ________________________ _______________________________ Jeffrey S. White UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW Case 3:07-cv-01904-JSW Document 87 Filed 10/22/2008 Page 13 of 13 1 EXHIBIT A 2 ACKNOWLEDGEMENT OF UNDERSTANDING AND AGREEMENT 3 REGARDING DISCOVERY OF CONFIDENTIAL INFORMATION 4 5 6 7 8 The undersigned hereby acknowledges that he/she has read the Protective Order regarding confidentiality entered in this civil action entitled PAUL MAZUR, an individual, v. PACIFIC BELL TELEPHONE COMPANY, a corporation, dba AT&T CALIFORNIA; and DOES 1 through 100, inclusive, filed in the United States District Court, Northern District 9 of California, Case No. C 07-1904 JSW, on ____________, 2008, that he/she understands 10 11 12 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N S A N F R ANC IS CO , C AL IFO RN I A 13 14 the terms thereof, that he/she has been designated by _________________________ as a “Qualified Person” thereunder, and that he/she individually and on behalf of __________________________________________, and on behalf of the party who designated him/her as a “Qualified Person”, agrees to be bound by such Protective Order, 15 and that he/she acknowledges the jurisdiction of the Court and agrees to be bound by the 16 jurisdiction of the Court. 17 18 DATED: ______________________, 200____. 19 20 21 __________________________________________ (signature) 22 23 24 __________________________________________ (print name) 25 26 27 28 12 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS Case No.: C07-1904 JSW
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