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Los Angeles SMSA Limited Partnership v. City of Arcadia

United States District Court, C.D. California, Western Division

September 8, 2017

LOS ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership d/b/a VERIZON WIRELESS, Plaintiff,
v.
CITY OF ARCADIA, Defendant.

          MACKENZIE & ALBRITTON LLP JAMES A. HEARD (SBN 114940) MELANIE SENGUPTA (SBN 244615) GARY R. CLOUSE (SBN 111055) ISAACS CLOUSE CROSE & OXFORD LLP Attorneys for Plaintiff Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless

          Hon. Dale S. Fischer JUDGE

          PROTECTIVE ORDER

          JOHN E. MCDERMOTT JUDGE

         Having reviewed the Stipulation Regarding Protective Order between the City of Arcadia (the "City" or "Defendant") and Los Angeles SMS A Limited Partnership ("Verizon Wireless" or "Plaintiff), and good cause appearing, IT IS HEREBY ORDERED as follows:

         This protective order (the "Protective Order") shall govern the production or disclosure of any document, record, or information designated as CONFIDENTIAL ("Confidential Information") and produced by the parties or their agents during the course of initial disclosures, discovery, pretrial proceedings, or trial in this action, including all designated deposition testimony, all designated testimony taken at a hearing or other proceeding, interrogatory answers, documents and other discovery materials, whether produced informally, in response to interrogatories, requests for admissions, requests for production of documents, or any other formal method of discovery. In addition, the Parties contemplate that Confidential Information may be produced by a non-party, and this Protective Order shall govern any designated Confidential Information produced by a non-party. This Protective Order also shall govern any designated document, record, or information produced in this action pursuant to disclosures required under any applicable Federal Rule of Civil Procedure or Central District of California Local Rule.

         1. DESIGNATION

         The City has sought discovery regarding the performance and coverage of Plaintiffs wireless telecommunications system and its internal decision-making, which may include information regarding: dropped calls, blocked calls, system accessibility, and other network performance data, antenna and sector site maps, the number of Verizon Wireless subscribers within the City of Arcadia or a designated portion thereof, "drive tests" and related system performance reports prepared by Verizon Wireless or its consultants, the "propagation models" and drive tests Verizon Wireless employs for predicting system performance, existing and other potential antenna locations serving the City of Arcadia, methodologies for evaluating the need for and location of new wireless communication facilities, and other documents or information that constitute or contain "trade secret or other confidential research, development, or commercial information" within the meaning of Rule 26(c).

         Verizon Wireless may designate as "CONFIDENTIAL" any discovery responses or disclosures within the above categories. Any Confidential Information shall be clearly marked "CONFIDENTIAL" prior to production, or subsequent to selection for copying (i.e., in cases where Confidential Information is made available for review prior to production), but prior to the actual copying. In addition to the pending discovery, there may arise during the course of this litigation other disclosures of Confidential Information, whether by additional discovery requests, depositions, motions and other submissions to the court, and the like. This Protective Order covers these instances, and any other occasions in which Confidential Information may be produced or disclosed.

         If it comes to Verizon Wireless's attention that information or items that it designated for protection does not qualify for protection, Verizon Wireless must promptly notify the City and withdraw the mistaken designation.

         2. NOTICE AND MARKINGS

         Any documents, material or information may be designated as Confidential Information by stamping "CONFIDENTIAL" on each page in such manner that the written matter is not obliterated or obscured. Plaintiff may designate any portion or all of a deposition as Confidential Information by notifying the City on the record during the deposition or in writing within fifteen (15) business days of the receipt of the transcript. The Parties shall automatically treat all information disclosed at a deposition as CONFIDENTIAL for fifteen (15) business days after receipt of the transcript. After such fifteen-day period, any information that has not been designated CONFIDENTIAL shall no longer be subject to this Protective Order, except as set forth in Section 3, below.

         3. INADVERTENT FAILURE TO DESIGNATE

         Failure to designate or stamp as CONFIDENTIAL at the time of production shall not be a waiver of the protection for Confidential Information provided that counsel promptly notifies the receiving party upon realizing the failure. However, the receiving party shall not be in violation of this Protective Order for any disclosure of information made before receiving such notice.

         4. OBJECTION ...


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