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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

MARTIN D. BERN (153203) 

Martin.Bern@mto.com 

MALCOLM A. HEINICKE (SBN 194174) 

Malcolm.Heinicke@mto.com 

YUVAL MILLER (SBN 243492) 

Yuval.Miller@mto.com 

MUNGER, TOLLES & OLSON LLP 

560 Mission Street, Twenty-Seventh Floor 

San Francisco, CA 94105-2907 

Telephone: (415) 512-4000 

Facsimile: (415) 512-4077 

Attorneys for Defendant 

GUARDSMARK, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

PHILLIP TEMPLE, on behalf of himself, 

individually and all others similarly 

situated, 

Plaintiff, 

vs.

GUARDSMARK, LLC, and DOES 1 

through 100, INCLUSIVE, 

Defendant.

CASE NO. CV-09-2124-SI 

STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER CONCERNING 

DISCOVERY AND CONFIDENTIAL 

INFORMATION

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action will likely 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, 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. 

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 means less 

restrictive than those set forth herein. 

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

from a Producing Party. 

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

Discovery Material in this action.

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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 within one 

of the following categories: (a) client billing documents; (b) documents containing client security 

plans or instructions; (c) Mission Partnership Statements; (d) Operations Outlines for client 

accounts; (e) materials contained in personnel files and employee wage information; (f) 

Guardsmark’s General Orders Regulations And Instructions For Uniformed Personnel (GOR&I) 

documents; (g) security guard long application forms; and (h) documents Guardsmark produces 

in this case that were produced by Plaintiff subject to a protective order in another case (e.g., 

Joseph Lanzarone v. Guardsmark, LLC, et al., Case No. CV06-1136R (Plax) (United States 

District Court, Central District of California)), and (i) all management manuals. 

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 (as well as their internal support staffs). 

2.10 House Counsel: attorneys who are employees of a Party (as well as their 

internal support staffs). 

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

as their support staffs). 

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. 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.

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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.

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, 

bottom or right margin of each page that contains protected material or, alternatively, on the first 

page of a multi-page document, if the entire document is protected. If only a portion or portions 

of the material on a page qualifies for protection, the Producing Party should endeavor to identify 

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

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) at the top, bottom or right margin 

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 should endeavor to identify the protected 

portion(s) (e.g., by making appropriate markings in the margins) and 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, or giving 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 “CONFIDENTIAL” 

or “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, during the time allocated for the witness to review and 

execute the deposition transcript, 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”) during this review period. 

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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 

nonparty 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, should identify the protected portions, specifying whether they qualify as 

“Confidential” 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 

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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 first engaged in this meet and confer process. 

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. 

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. 

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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; 

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

the Receiving Party to whom disclosure is reasonably necessary for this litigation; 

(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; 

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

is reasonably necessary. 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; or 

(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; 

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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

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

Protective Order” (Exhibit A); 

(c) the Court and its personnel; 

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

disclosure is reasonably necessary for this litigation; or 

(e) 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. 

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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 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, and may submit 

such request to the Court by letter brief. If necessitated by briefing, or other deadlines, a request 

to file under seal pursuant to Rule 79-5 may be made at the time of filing of a brief or other 

material. In such event, the Protected Material shall be provisionally lodged with the Court 

pending a determination of the request to file under seal.

 In the event that the Court denies a request by a Party to file under seal any 

document designated by the other Party as Confidential or Highly Confidential on the grounds 

that such document is not in fact confidential, the Party may thereafter file such document 

publicly, provided that the designating Party has had the opportunity to submit a letter brief to the 

Court addressing the confidentiality of the document(s) in question. The requirement of a party 

to file Protected Material shall not apply to the lodging of Protected Material with the Court in 

conjunction with letter briefs regarding discovery disputes. In such an event, the parties shall 

inform the Court that such Protected Materials are being lodged with the Court for in camera 

review only. 

//

//

//

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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 of any of the material 

covered by this Protective Order at trial, in evidence or otherwise. 

DATED: April 23, 2010 

DATED: April 23, 2010 

MUNGER, TOLLES & OLSON LLP 

By: /s/Martin D. Bern 

MARTIN D. BERN 

Attorneys for Defendant 

GUARDSMARK, LLC 

QUALLS & WORKMAN, L.L.P. 

By: /s/Daniel H. Qualls 

DANIEL H. QUALLS 

Attorneys for Plaintiff 

PHILLIP TEMPLE 

Filer’s Attestation:

 I, Martin D. Bern , am the ECF User whose identification and password are being 

used to file this STIPULATION AND [PROPOSED] PROTECTIVE ORDER 

CONCERNING DISCOVERY AND CONFIDENTIAL INFORMATION. In compliance 

with General Order 45.X.B., I hereby attest that Daniel H. Qualls concurs in this filing. 

 By: /s/ Martin D. Bern

 Martin D. Bern 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: ______________, 2010 

HONORABLE SUSAN ILLSTON 

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STIPULATION AND [PROPOSED] 

PROTECTIVE ORDER; 

CASE NO. 07-03953 SI

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 PHILLIP TEMPLE, et al. v. 

GUARDSMARK, LLC, et al. CV-09-2124-SI). 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 signed: 

Printed name: 

 [printed name] 

Signature: 

 [signature] 

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