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Pacific Business Capital Corp. v. Time Warner Cable LLC

October 28, 2010

PACIFIC BUSINESS CAPITAL CORPORATION, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
TIME WARNER CABLE LLC, A DELAWARE LIMITED LIABILITY COMPANY, TIME WARNER NY CABLE LLC, A DELAWARE LIMITED LIABILITY COMPANY, CAC EXCHANGE I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, CAC EXCHANGE II, LLC, A DELAWARE LIMITED LIABILITY COMPANY, C-NATIVE EXCHANGE I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND TIME WARNER ENTERTAINMENT, L.P., A DELAWARE LIMITED PARTNERSHIP. DEFENDANTS.
TIME WARNER CABLE LLC, COUNTER-CLAIMANT,
v.
PACIFIC BUSINESS CAPITAL CORPORATION, A CALIFORNIA CORPORATION; CANFIELD FUNDING LLC (D/B/A) MILLENNIUM FUNDING, A NEW YORK LIMITED LIABILITY COMPANY, COUNTER-DEFENDANTS.



[PROPOSED] STIPULATED PROTECTIVE ORDER

GOOD CAUSE STATEMENT

WHEREAS, Time Warner Cable LLC, Time Warner NY Cable LLC ("Time Warner"), Pacific Business Capital Corporation ("PBCC") and Canfield Funding LLC (d/b/a) Millennium Funding ("Millennium") (collectively, "the Parties" and individually as a "Party") believe that good cause exists for entry of this [PROPOSED] Stipulated Protective Order regarding confidential documents and information ("Stipulated Protective Order");

WHEREAS, the Parties, through counsel, hereby stipulate to entry of this Stipulated Protective Order pursuant to Fed. R. Civ. P. 26(c) to prevent unnecessary disclosure of the Parties' confidential and proprietary business records;

WHEREAS, in the discovery that has taken place in this matter, the Parties have requested confidential personnel, financial, and proprietary business records which are not publicly available, including the following types of information: (1) financial records and information concerning or related to the Parties; (2) confidential documents and information related to the Parties' business operations that are not available to the general public; and (3) documents and information concerning non-party past or current employees of Defendants; and

WHEREAS, the Parties agree that "Confidential Information" defined and timely designated as described below in this stipulation should be protected from unwarranted use or disclosure;

STIPULATED PROTECTIVE ORDER

IT IS HEREBY ORDERED that the following provisions of this Stipulated Protective Order shall govern, and is limited to, the Confidential Information produced in the course of this civil action, relating to confidential information which is not publicly available:

1. For purposes of this Stipulated Protective Order, the term "Confidential Information" includes information that is sensitive, proprietary, and/or personal information of non-parties. The Parties agree and stipulate that Confidential Information includes the following types of information: (1) documents or information concerning non-party past or current employees of Defendants; (2) financial records and information concerning or related to the Parties; (3) documents or information related to the Parties' business operations that are not available to the general public; (4) documents or information related to the Parties' customers and/or vendors that are not available to the general public; and (5) documents or information containing medical, tax, financial, competitive or other information as would make the information subject to protection from compelled public disclosure under generally accepted principles of federal and/or California law.

2. To the extent any Party produces any documents or prepares any discovery response(s) that they in good faith believe contain Confidential Information, the producing Party shall designate the documents or interrogatory responses as "CONFIDENTIAL." In the case of documents, the Party contending that some of the information on a given document is Confidential Information has the burden of designating the document(s) by stamping each such document "CONFIDENTIAL" prior to its production to the other Party's attorneys of record. In the case of discovery responses, if a Party contends that a particular response contains Confidential Information it shall produce said response on a separate pleading to be served concurrently with the non-confidential responses. The title of the separate responsive discovery document should indicate that said responses are "CONFIDENTIAL."

3. When a Party wishes to designate a document or material produced by someone other than the designating Party as Confidential Information, such designation shall be made: (i) within twenty (20) days from the date that the designating Party receives the document or material, and (ii) by notice to all Parties, identifying with particularity the designated document or material.

4. Deposition or hearing transcripts (or portions thereof) may be designated "CONFIDENTIAL" either by: (i) stating orally on the record during a deposition or hearing that certain information or testimony and/or exhibits (or the entire transcript) is Confidential, or (ii) informing the court reporter and counsel of record for all Parties in writing of the portions so designated within twenty (20) days after the transcript is received, after which all Parties shall mark the original and all copies of the pertinent transcript in accordance with the designations received. The designation of "CONFIDENTIAL" shall be prominently affixed to the original and all copies of each transcript page that contains any Confidential Information. The cover of each deposition transcript that contains Confidential Information shall bear the legend:

"THIS DEPOSITION TRANSCRIPT CONTAINS CONFIDENTIAL INFORMATION PURSUANT TO PROTECIVE ORDER."

The transcript shall be treated as Confidential Information until the twenty (20) day designation period has passed. Where testimony is designated at a deposition, the designating Party may exclude from the deposition all persons other than those to whom the Confidential Information may be disclosed pursuant to this Order. Additionally, any Party may mark deposition exhibits as Confidential Information and examine the witness thereon (provided that the witness is one to whom Confidential Information may be disclosed pursuant to this Order), and the exhibit and related transcript pages receive the same confidentiality designation as the original document or material.

5. Confidential Information shall not be used by or disclosed to any other person except as set forth below, unless agreed to in writing by counsel or as otherwise permitted by order of the Court:

a. The Parties;

b. Legal counsel, attorneys of record, their private investigators, if any, their associated attorneys, and their support staff, including financial, paralegal, and clerical personnel who are employed or retained by attorneys of record and who will be involved in this litigation;

c. Experts or consultants, not including Parties, who are requested by counsel to furnish technical or other expert services or to give testimony or otherwise participate in this litigation, who shall, before any ...


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