You're viewing Docket Item 47 from the case Bartlett v. Clear Channel Outdoor Inc. View the full docket and case details.

Download this document:









P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page1 of 14





Scott D. Baker (SBN 84923)
[email protected]
James A. Daire (SBN 239637)
[email protected]
Paulo L. Sousa (SBN 288705)
[email protected]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone: +1 415 543 8700
Facsimile: +1 415 391 8269

Attorneys for Defendant
Clear Channel Outdoor, Inc.


UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION


Alan Bartlett,




vs.


Plaintiff,


Clear Channel Outdoor INC.,


Defendant.







Case No.: 3:13-cv-03359-WHO


STIPULATED PROTECTIVE ORDER




Compl. Filed:



FAC Filed:

Honorable William H. Orrick, III


June 14, 2013
(Alameda County
Superior Court, Case No.
RG13683777)
August 16, 2013




e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3:13-cv-03359-WHO

– 1 –

US_ACTIVE-114898958.2

STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page2 of 14




e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

STIPULATED PROTECTIVE ORDER

This Stipulated Protective Order is made by and between Plaintiff Alan Bartlett (“Plaintiff”)

and Defendant Clear Channel Outdoor, Inc. (“Clear Channel” or “Defendant”) (Plaintiff and

Defendant are referred to as “the Parties”) by and through their respective counsel of record. The

parties agree that, upon approval of the Court, this Stipulated Protective Order may be amended to

add an “Attorneys’ Eyes Only” designation if Plaintiff retains counsel to represent him.

1.

PURPOSES AND LIMITATIONS

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

confidential, proprietary, or private information for which special protection from public disclosure

and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,

the Parties hereby stipulate to and petition the court to enter the following Stipulated Protective

Order. The Parties acknowledge that this Order does not confer blanket protections on all disclosures

or responses to discovery and that the protection it affords from public disclosure and use extends

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

applicable legal principles. The Parties further acknowledge, as set forth in Section 12.3, below, that

this Stipulated Protective Order does not entitle them to file confidential information under seal;

Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be

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

2.

DEFINITIONS

2.1

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

information or items under this Order.

2.2

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

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of

24

Civil Procedure 26(c).

25

2.3

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

26

as their support staff).

27

28

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.”

3:13-cv-03359-WHO

– 2 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page3 of 14



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17


e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

2.5

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

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

transcripts, and tangible things), that are produced or generated in disclosures or responses to

discovery in this matter.

2.6

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

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

consultant in this action.

2.7

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

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

2.8

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.

2.9

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

but are retained to represent or advise a party to this action and have appeared in this action on

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

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

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

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery

18

Material in this action.

19

20

21

22

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

photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

storing, or retrieving data in any form or medium) and their employees and subcontractors.

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

23

“CONFIDENTIAL.”

24

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

25

Producing Party.

26

27

28

3.

SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material (as

defined above), but also (1) any information copied or extracted from Protected Material; (2) all

3:13-cv-03359-WHO

– 3 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page4 of 14



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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

However, the protections conferred by this Stipulation and Order do not cover the following

information: (a) any information that is in the public domain at the time of disclosure to a Receiving

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

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

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

disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

information lawfully and under no obligation of confidentiality to the Designating Party. Any use of

Protected Material at trial shall be governed by a separate agreement or order.

4.

DURATION

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

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

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

defenses in this action, with or without prejudice; and (2) final judgment herein after the completion

and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the

time limits for filing any motions or applications for extension of time pursuant to applicable law.

5.

DESIGNATING PROTECTED MATERIAL

5.1

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

Non-Party that designates information or items for protection under this Order must take care to

limit any such designation to specific material that qualifies under the appropriate standards. The

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

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

items, or communications for which protection is not warranted are not swept unjustifiably within

25

the ambit of this Order.


e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

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

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

26

27

28

3:13-cv-03359-WHO

– 4 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page5 of 14




e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

encumber or retard the case development process or to impose unnecessary expenses and burdens on

other parties) expose the Designating Party to sanctions.

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

protection do not qualify for protection, that Designating Party must promptly notify all other Parties

that it is withdrawing the mistaken designation.

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:

(a)

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

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

affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion

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

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

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

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

would like copied and produced. During the inspection and before the designation, all of the material

made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

identified the documents it wants copied and produced, the Producing Party must determine which

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

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

that contains Protected Material. If only a portion or portions of the material on a page qualifies for

protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making

appropriate markings in the margins).

(b)

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

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

proceeding, all protected testimony.

3:13-cv-03359-WHO

– 5 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page6 of 14




e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

(c)

for information produced in some form other than documentary and for any other

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

containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a

portion or portions of the information or item warrant protection, the Producing Party, to the extent

practicable, shall identify the protected portion(s).

5.3

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

designate qualified information or items does not, standing alone, waive the Designating Party’s

right to secure protection under this Order for such material. Upon timely correction of a

designation, the Receiving Party must make reasonable efforts to assure that the material is treated in

accordance with the provisions of this Order.

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1

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

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

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,

or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a

confidentiality designation by electing not to mount a challenge promptly after the original

designation is disclosed.

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

by providing written notice of each designation it is challenging and describing the basis for each

challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must

recite that the challenge to confidentiality is being made in accordance with this specific paragraph

of the Protective Order. The Parties shall attempt to resolve each challenge in good faith and must

begin the process by conferring directly (in voice to voice dialogue; other forms of communication

are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging

Party must explain the basis for its belief that the confidentiality designation was not proper and

must give the Designating Party an opportunity to review the designated material, to reconsider the

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

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

3:13-cv-03359-WHO

– 6 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page7 of 14



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

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

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

6.3

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

intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil

Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the

initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process

will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a

competent declaration affirming that the movant has complied with the meet and confer

requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a

motion including the required declaration within 21 days (or 14 days, if applicable) shall

automatically waive the confidentiality designation for each challenged designation. In addition, the

Challenging Party may file a motion challenging a confidentiality designation at any time if there is

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

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

competent declaration affirming that the movant has complied with the meet and confer

requirements imposed by the preceding paragraph.

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

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

unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.

Unless the Designating Party has waived the confidentiality designation by failing to file a motion to

retain confidentiality as described above, all parties shall continue to afford the material in question

the level of protection to which it is entitled under the Producing Party’s designation until the court


e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

23

rules on the challenge.

24

25

26

27

28

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

7.1

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

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

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

the categories of persons and under the conditions described in this Order. When the litigation has

3:13-cv-03359-WHO

– 7 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page8 of 14




e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

DISPOSITION).

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

information or item designated “CONFIDENTIAL” only to:

(a)

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

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

this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is

attached hereto as Exhibit A;

(b)

(i) the Receiving Party, in the case of Plaintiff, after he signs the “Acknowledgment

and Agreement to Be Bound” (Exhibit A); and (ii) the officers, directors, and employees (including

House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation

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

(c)

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

reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement

to Be Bound” (Exhibit A);

(d)

the court and its personnel;

(e)

court reporters and their staff, professional jury or trial consultants, mock jurors, and

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

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

(f)

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

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

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

deposition testimony or exhibits to depositions that reveal Protected Material must be separately

bound by the court reporter and may not be disclosed to anyone except as permitted under this

28

Stipulated Protective Order.

3:13-cv-03359-WHO

– 8 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page9 of 14



1

2

3

4

5

6

(g)

the author or recipient of a document containing the information or a custodian or

other person who otherwise possessed or knew the information.

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

OTHER LITIGATION

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

7

must:


e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

(a)

promptly notify in writing the Designating Party. Such notification shall include a

copy of the subpoena or court order;

(b)

promptly notify in writing the party who caused the subpoena or order to issue in the

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

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

(c)

cooperate with respect to all reasonable procedures sought to be pursued by the

Designating Party whose Protected Material may be affected.

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

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

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

obtained the Designating Party’s permission. The Designating Party shall bear the burden and

expense of seeking protection in that court of its confidential material – and nothing in these

provisions should be construed as authorizing or encouraging a Receiving Party in this action to

disobey a lawful directive from another court.

9.

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

23

THIS LITIGATION

24

25

26

27

(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

28

protections.

3:13-cv-03359-WHO

– 9 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page10 of 14



(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

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

seeks a protective order, the Receiving Party shall not produce any information in its possession or

control that is subject to the confidentiality agreement with the Non-Party before a determination by

the court.1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of

seeking protection in this court of its Protected Material.

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

Be Bound” that is attached hereto as Exhibit A.



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.

3:13-cv-03359-WHO

– 10 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER


e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page11 of 14



1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17


e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

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

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

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

modify whatever procedure may be established in an e-discovery order that provides for production

without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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

the attorney-client privilege or work product protection, the parties may incorporate their agreement

in the stipulated protective order submitted to the court.

12. 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.

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order

no Party waives any right it otherwise would have to object to disclosing or producing any

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

Party waives any right to object on any ground to use in evidence of any of the material covered by

18

this Protective Order.

19

20

21

22

23

24

25

26

27

28

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

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

public record in this action any Protected Material. A Party that seeks to file under seal any Protected

Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal

pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant

to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that the

Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to

protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant

to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the information

in the public record pursuant to Civil Local Rule 79- 5(e) unless otherwise instructed by the court.

3:13-cv-03359-WHO

– 11 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page12 of 14



13.

FINAL DISPOSITION. Within 60 days after the final disposition of this action, as

defined in paragraph 4, each Receiving Party must return all Protected Material to the Producing

Party or destroy such material. As used in this subdivision, “all Protected Material” includes all

copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the

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

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

the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all

the Protected Material that was returned or destroyed and (2)affirms that the Receiving Party has not

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

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

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

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

consultant and expert work product, even if such materials contain Protected Material. Any such

archival copies that contain or constitute Protected Material remain subject to this Protective Order

as set forth in Section 4 (DURATION).



IT IS SO STIPULATED.

DATED: October 22, 2013



By

/s/ Alan Bartlett*

Alan Bartlett, Pro Se Plaintiff



DATED: October 22, 2013



REED SMITH LLP



By

/s/ Paulo L. Sousa

Attorneys for Defendant
Clear Channel Outdoor, Inc.
Scott D. Baker (SBN 84923)
James A. Daire (SBN 239637)
Paulo L. Sousa (SBN 288705)







*Filer’s Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Paulo L.
Sousa hereby attests that concurrence in the filing of this document has been obtained.

3:13-cv-03359-WHO



– 12 –

STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER




e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28






P
L
L
H
T
I
M
S
D
E
E
R



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page13 of 14



ORDER




Pursuant to the above Stipulation of the parties, and good cause appearing thereon, this Court

hereby grants the above Stipulated Protective Order.





It is so ORDERED.



DATED: October 22, 2013







Hon. William H. Orrick, III
United States District Court Judge
































e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3:13-cv-03359-WHO

– 13 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER






P
L
L
H
T
I
M
S
D
E
E
R





1

2

3



Case3:13-cv-03359-WHO Document47 Filed10/22/13 Page14 of 14

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of _____________________

4

5

6

7

8

9

10

11

[print or type full address], declare under penalty of perjury that I have read in its entirety and

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

Northern District of California on ____________ [date] in the case of Bartlett v. Clear Channel

Outdoor, Inc., Case No. 3:13-cv-03359-WHO. I agree to comply with and to be bound by all the

terms of the Stipulated Protective Order and I understand and acknowledge that failure to so comply

could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I

will not disclose in any manner any information or item that is subject to this Stipulated Protective

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

12



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

13

14

Northern District of California for the purpose of enforcing the terms of this Stipulated Protective

Order, even if such enforcement proceedings occur after termination of this action.

15



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

16

17

18

________________________________________ [print or type full address and telephone number]

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

related to enforcement of this Stipulated Protective Order.


e
r
a
w
a
l
e
D


f
o

e
t
a
t

S

e
h
t

n
i


d
e
m
r
o
f


p
i
h
s
r
e
n
t
r
a
p



y
t
i
l
i
b
a
i
l


d
e
t
i

m

i
l


A

19



20

21

Date: _____________________________

City and State where sworn and signed: _____________________________

22



23

Printed name: ___________________________________

24



Signature: ______________________________________

25

26

27

28

3:13-cv-03359-WHO

– 14 –



STIPULATED PROTECTIVE ORDER AND PROPOSED ORDER