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1077218.01 a03/15/10 -1- 

Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

Ernest W. Klatte, III (State Bar No. 115914) 

eklatte@rutan.com 

Summer Young Agriesti (State Bar No. 232883) 

syoung@rutan.com 

RUTAN & TUCKER, LLP 

611 Anton Boulevard, Fourteenth Floor 

Costa Mesa, California 92626-1931 

Telephone: 714-641-5100 

Facsimile: 714-546-9035 

Attorneys for Defendant 

BFS RETAIL & COMMERCIAL OPERATIONS, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

MEHDI SABERI, 

Plaintiff, 

vs. 

BFS RETAIL & COMMERCIAL 

OPERATIONS, LLC, 

Defendant.

Case No. 08-CV-4232-JL 

ASSIGNED FOR ALL PURPOSES TO: 

JUDGE JAMES LARSON

COURTROOM F 

JOINT STIPULATED PROTECTIVE 

ORDER 

Date Action Filed: September 8, 2008 

Trial Date: July 19, 2010 

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 would 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 extends only to the 

limited information or items that are entitled under the applicable legal principles to treatment as 

confidential. The parties further acknowledge, as set forth in Section 10, below, that this 

Stipulated Protective Order creates no entitlement to file confidential information under seal; Civil 

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

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

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

a.

utan & Tucker LLP

attorneys at law 

2. DEFINITIONS. 

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

employees, consultants, retained experts, and outside counsel (and their support staff). 

2.2 Disclosure or Discovery Material: all items or information, regardless of 

the medium or manner generated, stored, or maintained (including, among other things, testimony, 

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

discovery in this matter. 

2.3 “Confidential” Information or Items: information (regardless of how 

generated, stored or maintained) or tangible things that qualify for protection under standards 

developed under F.R.Civ.P. 26(c). 

2.4 “Highly Confidential -- Attorneys’ Eyes Only” Information or Items: 

extremely sensitive “Confidential Information or Items” whose disclosure to another Party or nonparty would create a substantial risk of serious injury that could not be avoided by less restrictive 

2.5 Receiving Party: a Party that receives Disclosure or Discovery Material in 

this action. 

2.6 Producing Party: a Party or non-party that produces Disclosure or

Discovery Material in this action. 

2.7 Designating Party: a Party or non-party that designates information or 

items that it produces in disclosures or in responses to discovery as “Confidential” or “Highly 

Confidential -- Attorneys’ Eyes Only.” 

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

as “Confidential” or as “Highly Confidential -- Attorneys’ Eyes Only.” 

2.9 Outside Counsel: attorneys who are not employees of a Party but who are 

retained to represent or advise a Party in this action. 

2.10 House Counsel: attorneys who are employees of a Party. 

2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well 

as their support staffs). 

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

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attorneys at law 

2.12 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 and who is not a past or a current employee of a Party or 

of a competitor of a Party’s and who, at the time of retention, is not anticipated to become an 

employee of a Party or a competitor of a Party’s. This definition includes a professional jury or 

trial consultant retained in connection with this litigation. 

2.13 Professional Vendors: persons or entities that provide litigation support 

services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; 

organizing, storing, retrieving data in any form or medium; etc.) and their employees and 

subcontractors. 

3. SCOPE. 

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

(as defined above), but also any information copied or extracted therefrom, as well as all copies, 

excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 

parties or counsel to or in court or in other settings that might reveal Protected Material. 

4. DURATION. 

Even after the termination 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. 

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. A Designating Party must take care to 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 the ambit of this Order. 

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

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

a.

utan & Tucker LLP

attorneys at law 

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

unnecessarily 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 Party’s or a non-party’s attention that information or items that it 

designated for protection do not qualify for protection at all, or do not qualify for the level of 

protection initially asserted, that Party or non-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, 

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 (apart from transcripts of 

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

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at the top 

of 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) and must specify, for each 

portion, the level of protection being asserted (either “CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). 

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 “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY.” 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 appropriate legend (“CONFIDENTIAL” or “HIGHLY 

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

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utan & Tucker LLP

attorneys at law 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) at the top of 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) and must specify, for each portion, the level of protection being asserted 

(either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). 

(b) for testimony given in deposition or in other pretrial or trial 

proceedings, that the Party or non-party offering or sponsoring the testimony identify on the 

record, before the close of the deposition, hearing, or other proceeding, all protected testimony, 

and further specify any portions of the testimony that qualify as “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY.” When it is impractical to identify separately each portion of 

testimony that is entitled to protection, and when it appears that substantial portions of the 

testimony may qualify for protection, the Party or non-party that sponsors, offers, or gives the 

testimony may invoke on the record (before the deposition or proceeding is concluded) a right to 

have up to 20 days to identify the specific portions of the testimony as to which protection is 

sought and to specify the level of protection being asserted (“CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). Only those portions of the testimony that are 

appropriately designated for protection within the 20 days shall be covered by the provisions of 

this Stipulated Protective Order. 

Transcript pages containing Protected Material must be separately bound by the court 

reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” as instructed by the Party or non-party 

offering or sponsoring the witness or presenting the testimony. 

(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” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only 

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

practicable, shall identify the protected portions, specifying whether they qualify as “Confidential” 

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

a.

utan & Tucker LLP

attorneys at law 

or as “Highly Confidential – Attorneys’ Eyes Only.” 

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

to designate qualified information or items as “Confidential” or “Highly Confidential – Attorneys’ 

Eyes Only” does not, standing alone, waive the Designating Party’s right to secure protection 

under this Order for such material. If material is appropriately designated as “Confidential” or 

“Highly Confidential – Attorneys’ Eyes Only” after the material was initially produced, the 

Receiving Party, on timely notification of the designation, 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. Unless a prompt challenge to a Designating Party’s 

confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 

economic burdens, or a later 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. A Party that elects to initiate a challenge to a 

Designating Party’s confidentiality designation must do so in good faith and must begin the 

process by conferring directly (in voice to voice dialogue; other forms of communication are not 

sufficient) with counsel for the Designating Party. 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 

has engaged in this meet and confer process first. 

/ / / 

/ / / 

/ / / 

/ / / 

/ / / 

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

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utan & Tucker LLP

attorneys at law 

6.3 Judicial Intervention. A Party that elects to press a challenge to a 

confidentiality designation after considering the justification offered by the Designating Party may 

file and serve a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if 

applicable) that identifies the challenged material and sets forth in detail the basis for the 

challenge. Each such motion must be accompanied by a competent declaration that affirms that 

the movant has complied with the meet and confer requirements imposed in the preceding 

paragraph and that sets forth with specificity the justification for the confidentiality designation 

that was given by the Designating Party in the meet and confer dialogue. 

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

Party. Until the court rules on the challenge, 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. 

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 been terminated, a Receiving Party must comply with the provisions of section 

11, 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 Counsel to whom it is reasonably necessary to disclose the information 

for this litigation and who have signed the “Agreement to Be Bound by Protective Order” that is 

attached hereto as Exhibit A; 

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

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

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attorneys at law 

the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have 

signed the “Agreement to Be Bound by Protective Order” (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 “Agreement to Be 

Bound by Protective Order” (Exhibit A); 

(d) the Court and its personnel; 

(e) court reporters, their staffs, and professional vendors to whom 

disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be 

Bound by Protective Order” (Exhibit A); 

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

is reasonably necessary and who have signed the “Agreement to Be Bound by Protective Order” 

(Exhibit A). 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 Stipulated Protective Order. 

(g) the author of the document or the original source of the information. 

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY” 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 

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 

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

well as employees of said Counsel to whom it is reasonably necessary to disclose the information 

for this litigation and who have signed the “Agreement to Be Bound by Protective Order” that is 

attached hereto as Exhibit A; 

(b) House Counsel of a Receiving Party (1) to whom disclosure is 

reasonably necessary for this litigation, and (2) who has signed the “Agreement to Be Bound by 

Protective Order” (Exhibit A); 

(c) Experts (as defined in this Order) (1) to whom disclosure is 

reasonably necessary for this litigation, (2) who have signed the “Agreement to Be Bound by 

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

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Protective Order” (Exhibit A); 

(d) the Court and its personnel; 

(e) court reporters, their staffs, and professional vendors to whom 

disclosure is reasonably necessary for this litigation and who have signed the “Agreement to Be 

Bound by Protective Order” (Exhibit A); and 

(f) the author of the document or the original source of the information. 

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 

OTHER LITIGATION. 

If a Receiving Party is served with a subpoena or an order issued in other litigation that 

would compel disclosure of any information or items designated in this action as 

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the 

Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately 

and in no event more than three court days after receiving the subpoena or order. Such 

notification must include a copy of the subpoena or court order. 

The Receiving Party also must immediately inform in writing the Party who caused the 

subpoena or order to issue in the other litigation that some or all the material covered by the 

subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must 

deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that 

caused the subpoena or order to issue. 

The purpose of imposing these duties is to alert the interested parties to the existence of 

this Protective Order and to afford the Designating Party in this case an opportunity to try to 

protect its confidentiality interests in the court from which the subpoena or order issued. The 

Designating Party shall bear the burdens and the expenses 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. 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 

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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 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. 

10. 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. 

11. FINAL DISPOSITION. Unless otherwise ordered or agreed in writing by the 

Producing Party, within sixty days after the final termination of this action, each Receiving Party 

must return all Protected Material to the Producing Party. As used in this subdivision, “all 

Protected Material” includes all copies, abstracts, compilations, summaries or any other form of 

reproducing or capturing any of the Protected Material. With permission in writing from the 

Designating Party, the Receiving Party may destroy some or all of the Protected Material instead 

of returning it. 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 sixty day deadline that identifies (by category, where appropriate) all the 

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

retained any copies, abstracts, compilations, summaries or other forms of reproducing or capturing 

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

archival copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or 

attorney 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), above. 

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. 

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

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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 this Protective Order. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

Dated: March ___, 2010 CORNERSTONE LAW GROUP 

HARRY G. LEWIS 

CHRISTINA S. PARK 

By /s/ 

 Harry G. Lewis 

 Attorneys for Plaintiff, MEHDI SABERI 

Dated: March ___, 2010 GCA LAW PARTNERS LLP 

KIMBERLY A. DONOVAN 

BARBARA E. TANZILLO 

By /s/ 

 Kimberly A. Donovan 

 Attorneys for Defendant 

 DANA GIRARD 

RUTAN & TUCKER, LLP 

ERNEST W. KLATTE, III 

SUMMER YOUNG AGRIESTI 

By /s/ 

 Summer Young Agriesti 

 Attorneys for Defendant 

 BFS RETAIL & COMMERCIAL 

 OPERATIONS, LLC 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: 

 

 The Honorable James Larson 

 United States District/Magistrate Judge 

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Case No. 08-CV-4232-J 

STIPULATED PROTECTIVE ORDER 

a.

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attorneys at law 

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

[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 Saberi v. BFS Retail & Commercial 

Operations, LLC, et al., Case No. 3:08-cv-04232-JL. I agree to comply with and to be bound by 

all the terms of this 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. 

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

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. 

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

_______________________________________ [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. 

Date: _________________________________ 

City and State where sworn and signed: _________________________________ 

Printed name: ______________________________ 

[printed name] 

Signature: __________________________________ 

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