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PAUL, HASTINGS, JANOFSKY & WALKER LLP 

THOMAS E. GEIDT (SB# 80955) 

KATHERINE C. HUIBONHOA (SB# 207648) 

Twenty-Fourth Floor 

55 Second Street 

San Francisco, CA 94105-3441 

Telephone: (415) 856-7000 

Facsimile: (415) 856-7100 

PAUL, HASTINGS, JANOFSKY & WALKER LLP 

J. AL LATHAM, JR. (SB# 71605) 

Twenty-Fifth Floor 

515 South Flower Street 

Los Angeles, CA 90071 

Telephone: (213) 683-6000 

Facsimile: (213) 627-0705 

Attorneys for Defendants 

PACIFIC BELL TELEPHONE COMPANY (erroneously sued as 

“SBC COMMUNICATIONS, INC.”), ALICE HUERTA, AND 

DEBORAH THOMAS 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

WILLIAM GAINES, 

Plaintiff, 

vs. 

SBC COMMUNICATIONS, INC., 

ALICE HUERTA, DEBORAH 

THOMAS; DOE 1, DOE 2; DOE 3; DOE 

4; DOES 5 through 100, inclusive, 

Defendants. 

CASE NO. CIV-S-04-2297 MCE/GGH 

CONFIDENTIALITY STIPULATION AND 

ORDER 

In order to protect the confidentiality of confidential information obtained by the 

parties in connection with this case, the parties hereby agree as follows: 

1. Any party or non-party may designate as “confidential” (by stamping the relevant 

page or as otherwise set forth herein) any document or response to discovery which that party or 

non-party considers in good faith to contain information involving personal information 

(including, but not limited to, individuals’ addresses, social security numbers, or health and 

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medical information), trade secrets, confidential business or financial information, or other 

information the disclosure of which is restricted or prohibited by applicable law. Where a 

document or response consists of more than one page, the first page and each page on which 

confidential information appears shall be so designated. 

2. A party or non-party may designate information disclosed during a deposition or in 

response to written discovery as “confidential” by so indicating in said responses or on the record 

at the deposition and requesting the preparation of a separate transcript of such material. 

Additionally a party or non-party may designate in writing, within twenty (20) days after receipt 

of said responses or of the deposition transcript for which the designation is proposed, that 

specific pages of the transcript and/or specific responses be treated as “confidential” information. 

After any designation made according to the procedure set forth in this paragraph, the designated 

documents or information shall be treated according to the designation until the matter is resolved 

according to the procedures described in paragraph 7 below. All documents designated 

“confidential” are hereinafter identified as “Confidential Information.” 

3. All Confidential Information produced or exchanged in the course of this case 

(other than information that is publicly available) shall be used by the party or parties to whom 

the information is produced solely for the purpose of this case. 

4. Except with the prior written consent of the other parties, or upon prior order of 

this Court obtained upon notice to opposing counsel, Confidential Information shall not be 

disclosed to any person other than: 

a. counsel for the respective parties to this litigation, including in-house 

counsel and co-counsel retained for this litigation; 

b. employees of such counsel; 

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-3- 

c. individual parties and any officer or employee of a party, to the extent 

deemed necessary by counsel for the prosecution or defense of this litigation; 

d. consultants or expert witnesses retained for the prosecution or defense of 

this litigation, provided that each such person shall execute a copy of the Certification annexed to 

this Order (which shall be retained by counsel to the party so disclosing the Confidential 

Information and made available for inspection by opposing counsel during the pendency or after 

the termination of the action only upon good cause shown and upon order of the Court) before 

being shown or given any Confidential Information; 

e. any authors or recipients of the Confidential Information; 

f. the Court, Court personnel, and court reporters; 

g. any mediator, arbitrator, or other alternate dispute resolution facilitator 

retained for this litigation; and 

h. witnesses and potential witnesses (other than persons described in 

paragraph 4(e)). A witness or potential witness shall sign the Certification before being shown a 

confidential document. 

5. Any persons receiving Confidential Information shall not reveal or discuss such 

information to or with any person who is not entitled to receive such information, except as set 

forth herein. 

6. In the event that any portion of any document, answer to interrogatory or request 

for admission, or deposition transcript identified as containing Confidential Information is 

submitted to the Court for any purpose, or if any pleading, motion, brief or declaration containing 

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-4- 

or disclosing Confidential Information is submitted to the Court for any purpose, the party 

submitting the Confidential Information will notify the party to whom the Confidential 

Information belongs at least five (5) calendar days prior to filing the pleading, motion, brief or 

declaration containing or disclosing the Confidential Information to the Court. The party 

planning to submit the Confidential Information will specify what Confidential Information will 

be submitted to the Court so that the party to whom the information belongs may prepare the 

appropriate motion to have the record filed under seal. The parties will then coordinate the filing 

of the pleading, motion, brief or declaration so that the party to whom the confidential 

information belongs can simultaneously file the appropriate motion with the Court to have the 

record filed under seal in accordance with Eastern District of California Local Rule of Court 39-

141. The party filing the pleading, motion, brief or declaration will lodge the Confidential 

Information with the Court in accordance with Eastern District of California Local Rule of Court 

39-141. 

7. If a party contends that any material is not entitled to confidential treatment, such 

party may at any time give written notice to the party or non-party who designated the material. 

The party or non-party who designated the material shall have twenty-five (25) days from the 

receipt of such written notice to apply to the Court for an order designating the material as 

confidential. The party or non-party seeking the order has the burden of establishing that the 

document is entitled to protection. 

8. Notwithstanding any challenge to the designation of material as Confidential 

Information, all documents shall be treated as such and shall be subject to the provisions hereof 

unless and until one of the following occurs: 

a. the party or non-party who claims that the material is Confidential 

Information withdraws such designation in writing; or 

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b. the party or non-party who claims that the material is Confidential 

Information fails to apply to the Court for an order designating the material confidential within 

the time period specified above after receipt of a written challenge to such designation; or 

c. the Court rules the material is not Confidential Information. 

9. All provisions of this Order restricting the communication or use of Confidential 

Information shall continue to be binding after the conclusion of this action, unless otherwise 

agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential 

Information, other than that which is contained in pleadings, correspondence, and deposition 

transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion of 

this action to counsel for the party or non-party who provided such information, or (b) destroy 

such documents within the time period upon consent of the party who provided the information 

and certify in writing within thirty (30) days that the documents have been destroyed. 

10. Nothing herein shall be deemed to waive any applicable privilege or work product 

protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 

protected by privilege or work product protection. 

11. This stipulation shall become effective and binding upon the parties as of October 

28, 2005. 

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Respectfully submitted, 

DATED: _____________, 2005 PAUL, HASTINGS, JANOFSKY & WALKER LLP 

By: 

KATHERINE C. HUIBONHOA 

 Attorneys for Defendants 

DATED: _____________, 2005 LAW OFFICES OF DANIEL L. MITCHELL 

By: 

DANIEL L. MITCHELL 

 Attorneys for Plaintiff 

ORDER 

THE FOREGOING STIPULATION IS APPROVED AND SO ORDERED. 

Dated: November 2, 2005 

__________________________________ 

MORRISON C. ENGLAND, JR 

UNITED STATES DISTRICT JUDGE 

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