The opinion
1 Joshua I. White, Bar No. 278166
josh@laurelemploymentlaw.com
2 Allen Ho, Bar No. 318187
allen@laurelemploymentlaw.com
3 LAUREL EMPLOYMENT LAW, APC
808 Wilshire Blvd., Suite 200
4 Santa Monica, CA 90401
Telephone (323) 551-9221
5 Fax No. (310) 564-4093
6 Attorneys for Plaintiff
JONNIE MARETTI
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Additional Parties listed on next page.
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10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA
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13 JONNIE MARETTI, an individual, Case No. 2:25-cv-10406-SRM (RAOx)
14 Plaintiff, Hon. Judge Serena R. Murillo
15 v.
[PROPOSED] ORDER RE:
16 CHARTER COMMUNICATIONS, INC., a STIPULATED PROTECTIVE
Delaware Corporation; CHARTER ORDER1 AND FRE 502(D) AND (E)
17 COMMUNICATIONS HOLDING CLAWBACK AGREEMENT/ORDER
COMPANY, LLC, a Delaware Corporation;
18 and DOES 1-10, inclusive, DISCOVERY MATTER
Referred to Hon. Magistrate Judge Rozella
19 Defendants. A. Oliver
20 Trial Date: April 27, 2027
Complaint Filed: September 23, 2025
21 Removal Filed: October 29, 2025
[LASC Case No. 25AVCV01241]
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1 This Stipulated Protective Order is substantially based on the model protective order
27 provided under Magistrate Judge Rozella A. Oliver’s Procedures
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1 Patrick H. Hicks, Bar No. 131509
phicks@littler.com
2 LITTLER MENDELSON, P.C.
8474 Rozita Lee Ave
3 Suite 200
Las Vegas, Nevada 89113.4770
4 Telephone: 702.862.8800
Facsimile: 702.862.8811
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6 Jenny Burke, Bar No. 240643
jburke@littler.com
7 LITTLER MENDELSON, P.C.
18565 Jamboree Road
8 Suite 800
Irvine, California 92612
9 Telephone: 949.705.3000
Facsimile: 949.724.1201
10
Attorneys For Defendant
11 CHARTER COMMUNICATIONS, LLC
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1 1. A. PURPOSES AND LIMITATIONS
2 Discovery in this action will involve production of confidential, proprietary or
3 private information for which special protection from public disclosure and from use for
4 any purpose other than prosecuting this litigation may be warranted. Accordingly, the
5 parties hereby stipulate to and petition the Court to enter the following Stipulated Protective
6 Order. The parties acknowledge that this Order does not confer blanket protections on all
7 disclosures or responses to discovery and that the protection it affords from public
8 disclosure and use extends only to the limited information or items that are entitled to
9 confidential treatment under the applicable legal principles.
10 B. GOOD CAUSE STATEMENT
11 The above-captioned matter is likely to involve confidential information and
12 documents related to Defendant’s operations, financial information, customer accounts and
13 private information, trade secrets, non-party employee private personnel information, and
14 other proprietary information for which special protection from public disclosure and from
15 use for any purpose other than prosecution of this action is warranted. Such confidential
16 and proprietary materials and information consist of, among other things, confidential
17 business or financial information, information regarding confidential business practices, or
18 other confidential research, development, or commercial information (including
19 information implicating privacy rights of third parties), information otherwise generally
20 unavailable to the public, or which may be privileged or otherwise protected from
21 disclosure under state or federal statutes, court rules, case decisions, or common law.
22 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of
23 disputes over confidentiality of discovery materials, to adequately protect information the
24 parties are entitled to keep confidential, to ensure that the parties are permitted reasonable
25 necessary uses of such material in preparation for and in the conduct of trial, to address
26 their handling at the end of the litigation, and serve the ends of justice, a protective order
27 for such information is justified in this matter. It is the intent of the parties that information
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1 will not be designated as confidential for tactical reasons and that nothing be so designated
2 without a good faith belief that it has been maintained in a confidential, non-public manner,
3 and there is good cause why it should not be part of the public record of this case.
4 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
5 The parties further acknowledge, as set forth in Section 12.3, below, that this
6 Stipulated Protective Order does not entitle them to file confidential information under
7 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
8 standards that will be applied when a party seeks permission from the court to file material
9 under seal.
10 There is a strong presumption that the public has a right of access to judicial
11 proceedings and records in civil cases. In connection with non-dispositive motions, good
12 cause must be shown to support a filing under seal. See Kamakana v. City and County of
13 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d
14 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577
15 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a
16 specific showing of good cause or compelling reasons with proper evidentiary support and
17 legal justification, must be made with respect to Protected Material that a party seeks to
18 file under seal. The parties’ mere designation of Disclosure or Discovery Material as
19 CONFIDENTIAL does not—without the submission of competent evidence by
20 declaration, establishing that the material sought to be filed under seal qualifies as
21 confidential, privileged, or otherwise protectable—constitute good cause.
22 Further, if a party requests sealing related to a dispositive motion or trial, then
23 compelling reasons, not only good cause, for the sealing must be shown, and the relief
24 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos
25 v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of
26 information, document, or thing sought to be filed or introduced under seal in connection
27 with a dispositive motion or trial, the party seeking protection must articulate compelling
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1 reasons, supported by specific facts and legal justification, for the requested sealing order.
2 Again, competent evidence supporting the application to file documents under seal must
3 be provided by declaration.
4 Any document that is not confidential, privileged, or otherwise protectable in its
5 entirety will not be filed under seal if the confidential portions can be redacted. If
6 documents can be redacted, then a redacted version for public viewing, omitting only the
7 confidential, privileged, or otherwise protectable portions of the document, shall be filed.
8 Any application that seeks to file documents under seal in their entirety should include an
9 explanation of why redaction is not feasible.
10 2. DEFINITIONS
11 2.1 Action: Maretti v. Charter Communications, Inc., et al., Case No. 2:25-cv-
12 10406-SRM(RAOx)
13 2.2 Challenging Party: A Party or Non-Party that challenges the designation of
14 information or items under this Order.
15 2.3 “CONFIDENTIAL” Information or Items: Information (regardless of how it
16 is generated, stored or maintained) or tangible things that qualify for protection under
17 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.
18 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
19 support staff).
20 2.5 Designating Party: A Party or Non-Party that designates information or items
21 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
22 2.6 Disclosure or Discovery Material: All items or information, regardless of the
23 medium or manner in which it is generated, stored, or maintained (including, among other
24 things, testimony, transcripts, and tangible things), that are produced or generated in
25 disclosures or responses to discovery in this matter.
26 2.7 Expert: A person with specialized knowledge or experience in a matter
27 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
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1 expert witness or as a consultant in this Action.
2 2.8 House Counsel: Attorneys who are employees of a party to this Action. House
3 Counsel does not include Outside Counsel of Record or any other outside counsel.
4 2.9 Non-Party: Any natural person, partnership, corporation, association or their
5 legal entity not named as a Party to this action.
6 2.10 Outside Counsel of Record: Attorneys who are not employees of a party to
7 this Action but are retained to represent or advise a party to this Action and have appeared
8 in this Action on behalf of that party or are affiliated with a law firm that has appeared on
9 behalf of that party, and includes support staff.
10 2.11 Party: Any party to this Action, including all of its officers, directors,
11 employees, consultants, retained experts, and Outside Counsel of Record (and their support
12 staffs).
13 2.12 Producing Party: A Party or Non-Party that produces Disclosure or Discovery
14 Material in this Action.
15 2.13 Professional Vendors: Persons or entities that provide litigation support
16 services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
18 their employees and subcontractors.
19 2.14 Protected Material: Any Disclosure or Discovery Material that is designated
20 as “CONFIDENTIAL.”
21 2.15 Receiving Party: A Party that receives Disclosure or Discovery Material from
22 a Producing Party.
23 3. SCOPE
24 The protections conferred by this Stipulation and Order cover not only Protected
25 Material (as defined above), but also (1) any information copied or extracted from
26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
27 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel
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1 that might reveal Protected Material.
2 Any use of Protected Material at trial shall be governed by the orders of the trial
3 judge. This Order does not govern the use of Protected Material at trial.
4 4. DURATION
5 Once a case proceeds to trial, information that was designated as CONFIDENTIAL
6 or maintained pursuant to this protective order, if used or introduced as an exhibit at trial,
7 becomes public and will be presumptively available to all members of the public, including
8 the press, unless compelling reasons supported by factual findings to proceed otherwise are
9 made to the trial judge in advance of the trial See Kamakana, 447 F.3d at 1180-81
10 (distinguishing “good cause” showing for sealing documents produced in discovery from
11 “compelling reasons” standard when merits-related documents are part of court record).
12 With respect to any CONFIDENTIAL information not introduced at trial, even after final
13 disposition of this litigation, the confidentiality obligations imposed by this Order shall
14 remain in effect until a Designating Party agrees otherwise in writing or a court order
15 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
16 claims and defenses in this Action, with or without prejudice; and (2) final judgment herein
17 after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews
18 of this Action, including the time limits for filing any motions or applications for extension
19 of time pursuant to applicable law.
20 5. DESIGNATING PROTECTED MATERIAL
21 5.1 Exercise of Restraint and Care in Designating Material for Protection.
22 Each Party or Non-Party that designates information or items for protection under
23 this Order must take care to limit any such designation to specific material that qualifies
24 under the appropriate standards. The Designating Party must designate for protection only
25 those parts of material, documents, items or oral or written communications that qualify so
26 that other portions of the material, documents, items or communications for which
27 protection is not warranted are not swept unjustifiably within the ambit of this Order.
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1 Mass, indiscriminate or routinized designations are prohibited. Designations that
2 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
3 to unnecessarily encumber the case development process or to impose unnecessary
4 expenses and burdens on other parties) may expose the Designating Party to sanctions.
5 If it comes to a Designating Party’s attention that information or items that it
6 designated for protection do not qualify for protection, that Designating Party must
7 promptly notify all other Parties that it is withdrawing the inapplicable designation.
8 5.2 Manner and Timing of Designations. Except as otherwise provided in this
9 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
10 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
11 must be clearly so designated before the material is disclosed or produced.
12 Designation in conformity with this Order requires:
13 (a) for information in documentary form (e.g., paper or electronic documents,
14 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
15 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
16 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
17 portion of the material on a page qualifies for protection, the Producing Party also must
18 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
19 margins).
20 A Party or Non-Party that makes original documents available for inspection need
21 not designate them for protection until after the inspecting Party has indicated which
22 documents it would like copied and produced. During the inspection and before the
23 designation, all of the material made available for inspection shall be deemed
24 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
25 copied and produced, the Producing Party must determine which documents, or portions
26 thereof, qualify for protection under this Order. Then, before producing the specified
27 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
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1 that contains Protected Material. If only a portion of the material on a page qualifies for
2 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by
3 making appropriate markings in the margins).
4 (b) for testimony given in depositions or pretrial proceedings that the
5 Designating Party identifies the Disclosure or Discovery Material on the record, before the
6 close of the deposition, hearing, or other proceeding all protected testimony.
7 When it is impractical to identify separately each portion of the testimony that may
8 qualify for protection, and when it appears that substantial portions of the testimony may
9 qualify for protection, either Party or a participating Non-Party may invoke on the record
10 (before the deposition or proceeding is concluded) a right to have up to twenty (20) days
11 following completion of the transcript to identify the specific portions of the testimony as
12 to which protection is sought. Only those portions of the testimony that are appropriately
13 designated for protection within the twenty (20) days shall be covered by the provisions of
14 this Stipulated Protective Order.
15 If practical, transcript pages containing Protected Material must be separately
16 bound by the court reporter. The court reporter must affix to the top of each such page the
17 legend “CONFIDENTIAL” as instructed by the Party or nonparty requesting the
18 designation.
19 (c) for information produced in some form other than documentary and for
20 any other tangible items, that the Producing Party affix in a prominent place on the exterior
21 of the container or containers in which the information is stored the legend
22 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
23 the Producing Party, to the extent practicable, shall identify the protected portion(s).
24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
25 to designate qualified information or items does not, standing alone, waive the Designating
26 Party’s right to secure protection under this Order for such material. Upon timely correction
27 of a designation, the Receiving Party must make reasonable efforts to assure that the
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1 material is treated in accordance with the provisions of this Order.
2 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
3 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation
4 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
6 process under Local Rule 37-1 et seq.
7 6.3 The burden of persuasion in any such challenge proceeding shall be on the
8 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to
9 harass or impose unnecessary expenses and burdens on other parties) may expose the
10 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the
11 confidentiality designation, all parties shall continue to afford the material in question the
12 level of protection to which it is entitled under the Producing Party’s designation until the
13 Court rules on the challenge.
14 7. ACCESS TO AND USE OF PROTECTED MATERIAL
15 7.1 Basic Principles. A Receiving Party may use Protected Material that is
16 disclosed or produced by another Party or by a Non-Party in connection with this Action
17 only for prosecuting, defending or attempting to settle this Action. Such Protected Material
18 may be disclosed only to the categories of persons and under the conditions described in
19 this Order. When the Action has been terminated, a Receiving Party must comply with the
20 provisions of section 13 below (FINAL DISPOSITION).
21 Protected Material must be stored and maintained by a Receiving Party at a location
22 and in a secure manner that ensures that access is limited to the persons authorized under
23 this Order.
24 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
25 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
26 may disclose any information or item designated “CONFIDENTIAL” only to:
27 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
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1 employees of said Outside Counsel of Record to whom it is reasonably necessary to
2 disclose the information for this Action;
3 (b) the Receiving Party (if a natural person), or the officers, directors, and
4 employees (including House Counsel) of the Receiving Party to whom disclosure is
5 reasonably necessary for this Action;
6 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
7 is reasonably necessary for this Action and who have signed the “Acknowledgment and
8 Agreement to Be Bound” (Exhibit A);
9 (d) the court and its personnel;
10 (e) court reporters and their staff;
11 (f) professional jury or trial consultants, mock jurors, and Professional
12 Vendors to whom disclosure is reasonably necessary for this Action and who have
13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
14 (g) the author or recipient of a document containing the information or a custodian
15 or other person who otherwise possessed or knew the information;
16 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to
17 whom disclosure is reasonably necessary provided: (1) the deposing party requests that the
18 witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to
19 keep any confidential information unless they sign the “Acknowledgment and Agreement
20 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by
21 the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal
22 Protected Material may be separately bound by the court reporter and may not be disclosed
23 to anyone except as permitted under this Stipulated Protective Order;
24 (i) any mediator or settlement officer, and their supporting personnel, mutually
25 agreed upon by any of the parties engaged in settlement discussions;
26 (j) Insurance carriers and brokers for the undersigned Parties, including their claims
27 representatives, agents, and adjusters to whom disclosure is reasonably necessary in
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1 connection with this Action; and
2 (k) Witnesses in the action to whom disclosure is reasonably necessary and who
3 have signed the “Agreement to Be Bound by Protective Order” (Exhibit A).
4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
5 OTHER LITIGATION
6 If a Receiving Party is served with a subpoena or a court order issued in other
7 litigation that compels disclosure of any information or items designated in this Action as
8 “CONFIDENTIAL,” that Party must:
9 (a) promptly notify in writing the Designating Party. Such notification shall
10 include a copy of the subpoena or court order;
11 (b) promptly notify in writing the party who caused the subpoena or order to issue
12 in the other litigation that some or all of the material covered by the subpoena or order is
13 subject to this Protective Order. Such notification shall include a copy of this Stipulated
14 Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be pursued by
16 the Designating Party whose Protected Material may be affected.
17 If the Designating Party timely seeks a protective order, the Party served with the
18 subpoena or court order shall not produce any information designated in this action as
19 “CONFIDENTIAL” before a determination by the court from which the subpoena or order
20 issued, unless the Party has obtained the Designating Party’s permission. The Designating
21 Party shall bear the burden and expense of seeking protection in that court of its
22 confidential material and nothing in these provisions should be construed as authorizing or
23 encouraging a Receiving Party in this Action to disobey a lawful directive from another
24 court.
25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
26 THIS LITIGATION
27 (a) The terms of this Order are applicable to information produced by a Non-Party
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1 in this Action and designated as “CONFIDENTIAL.” Such information produced by Non-
2 Parties in connection with this litigation is protected by the remedies and relief provided
3 by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party
4 from seeking additional protections.
5 (b) In the event that a Party is required, by a valid discovery request, to produce
6 a Non-Party’s confidential information in its possession, and the Party is subject to an
7 agreement with the Non-Party not to produce the Non-Party’s confidential information,
8 then the Party shall:
9 (1) promptly notify in writing the Requesting Party and the Non-Party that
10 some or all of the information requested is subject to a confidentiality agreement with a
11 Non-Party;
12 (2) promptly provide the Non-Party with a copy of the Stipulated
13 Protective Order in this Action, the relevant discovery request(s), and a reasonably specific
14 description of the information requested; and
15 (3) make the information requested available for inspection by the Non-
16 Party, if requested.
17 (c) If the Non-Party fails to seek a protective order from this court within 14 days
18 of receiving the notice and accompanying information, the Receiving Party may produce
19 the Non-Party’s confidential information responsive to the discovery request. If the Non-
20 Party timely seeks a protective order, the Receiving Party shall not produce any
21 information in its possession or control that is subject to the confidentiality agreement with
22 the Non-Party before a determination by the court. Absent a court order to the contrary, the
23 Non-Party shall bear the burden and expense of seeking protection in this court of its
24 Protected Material.
25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
27 Protected Material to any person or in any circumstance not authorized under this
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1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the
2 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve (or
3 confirm such person or persons have permanently destroyed) all unauthorized copies of the
4 Protected Material, (c) inform the person or persons to whom unauthorized disclosures
5 were made of all the terms of this Order, and (d) request such person or persons to execute
6 the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
7 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
8 PROTECTED MATERIAL
9 When a Producing Party gives notice to Receiving Parties that certain inadvertently
10 produced material is subject to a claim of privilege or other protection, the obligations of
11 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
12 This provision is not intended to modify whatever procedure may be established in an e-
13 discovery order that provides for production without prior privilege review. Pursuant to
14 Federal Rule of Evidence 502(d) and (e), the parties agree that disclosure of a
15 communication or information covered by the attorney-client privilege or work product
16 protection shall be subject to the procedures set forth in Section 14 below (Clawback
17 Agreement.)
18 12. MISCELLANEOUS
19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person
20 to seek its modification by the Court in the future.
21 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
22 Order, no Party waives any right it otherwise would have to object to disclosing or
23 producing any information or item on any ground not addressed in this Stipulated
24 Protective Order. Similarly, no Party waives any right to object on any ground to use in
25 evidence of any of the material covered by this Protective Order.
26 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected
27 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed
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1 under seal pursuant to a court order authorizing the sealing of the specific Protected
2 Material at issue. If a Party’s request to file Protected Material under seal is denied by the
3 court, then the Receiving Party may file the information in the public record unless
4 otherwise instructed by the court.
5 12.4 Agreement to be Bound Prior to Court Approval. The Parties agree to be bound
6 by the Stipulated Protective Order immediately following its execution and prior to the
7 Court’s approval of the Stipulated Protective Order. Should the Court decline to approve
8 this Stipulated Protective Order, the Parties agree to further meet and confer in good faith
9 regarding a Revised Stipulated Protective Order for the Court’s approval. If the Parties are
10 unable to reach an agreement on the terms of a Revised Stipulated Protective Order after
11 the Parties meet and confer, the Parties agree to return the Protected Material exchanged
12 pursuant to this Stipulated Protective Order and agree the Protected Material will have the
13 same protections as if this Stipulated Protective Order was signed and approved by the
14 Court.
15 13. FINAL DISPOSITION
16 After the final disposition of this Action, as defined in paragraph 4, within 60 days
17 of a written request by the Designating Party, each Receiving Party must return all
18 Protected Material to the Producing Party or destroy such material. As used in this
19 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
20 summaries, and any other format reproducing or capturing any of the Protected Material.
21 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
22 a written certification to the Producing Party (and, if not the same person or entity, to the
23 Designating Party) by the 60 day deadline that (1) identifies (by category, where
24 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
25 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any
26 other format reproducing or capturing any of the Protected Material. Notwithstanding this
27 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,
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1 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and
2 trial exhibits, expert reports, attorney work product, and consultant and expert work
3 product, even if such materials contain Protected Material. Any such archival copies that
4 contain or constitute Protected Material remain subject to this Protective Order as set forth
5 in Section 4 (DURATION).
6 14. CLAWBACK AGREEMENT
7 Pursuant to FRE 502(d) and (e), the Parties agree to and the Court orders protection of
8 privileged and otherwise protected documents against claims of waiver (including as
9 against third parties and in other federal and state proceedings) as follows:
10 (a) The disclosure or production of documents by a Producing Party subject to
11 a legally recognized claim of privilege, including without limitation the
12 attorney-client privilege and the work-product doctrine, to a Receiving
13 Party, shall in no way constitute the voluntary disclosure of such document.
14 (b) The inadvertent disclosure or production of any document in this action
15 shall not result in the waiver of any privilege, evidentiary protection or other
16 protection associated with such document as to the Receiving Party or any
17 third parties, and shall not result in any waiver, including subject matter
18 waiver, of any kind.
19 (c) If, during the course of this litigation, a party determines that any document
20 produced by another party is or may reasonably be subject to a legally
21 recognizable privilege or evidentiary protection (“Protected Document”):
22 i. the Receiving Party shall: (A) refrain from reading the Protected
23 Document any more closely than is necessary to ascertain that it is
24 privileged or otherwise protected from disclosure; (B) immediately
25 notify the Producing Party in writing that it has discovered
26 documents believed to be privileged or protected; (C) specifically
27 identify the Protected Documents by Bates number range or hash
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1 value, and, (D) within ten (10) days of discovery by the Receiving
2 Party, return, sequester, or destroy all copies of such Protected
3 Documents, along with any notes, abstracts or compilations of the
4 content thereof. To the extent that a Protected Document has been
5 loaded into a litigation review database under the control of the
6 Receiving Party, the Receiving Party shall have all electronic copies
7 of the Protected Document extracted from the database. Where such
8 Protected Documents cannot be destroyed or separated, they shall not
9 be reviewed, disclosed, or otherwise used by the Receiving Party.
10 Notwithstanding, the Receiving Party is under no obligation to search
11 or review the Producing Party’s documents to identify potentially
12 privileged or work product Protected Documents.
13 ii. If the Producing Party intends to assert a claim of privilege or other
14 protection over documents identified by the Receiving Party as
15 Protected Documents, the Producing Party will, within ten (10) days
16 of receiving the Receiving Party’s written notification described
17 above, inform the Receiving Party of such intention in writing and
18 shall provide the Receiving Party with a log for such Protected
19 Documents that is consistent with the requirements of the Federal
20 Rules of Civil Procedure, setting forth the basis for the claim of
21 privilege or other protection. In the event that any portion of a
22 Protected Document does not contain privileged or protected
23 information, the Producing Party shall also provide to the Receiving
24 Party a redacted copy of the document that omits the information that
25 the Producing Party believes is subject to a claim of privilege or other
26 protection.
27 (d) If, during the course of this litigation, a party determines it has produced a
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1 Protected Document:
2 i. the Producing Party may notify the Receiving Party of such
3 inadvertent production in writing, and demand the return of such
4 documents. Such notice shall be in writing, however, it may be
5 delivered orally on the record at a deposition, promptly followed up
6 in writing. The Producing Party’s written notice will identify the
7 Protected Document inadvertently produced by bates number range
8 or hash value, the privilege or protection claimed, and the basis for
9 the assertion of the privilege and shall provide the Receiving Party
10 with a log for such Protected Documents that is consistent with the
11 requirements of the Federal Rules of Civil Procedure, setting forth
12 the basis for the claim of privilege or other protection. In the event
13 that any portion of the Protected Document does not contain
14 privileged or protected information, the Producing Party shall also
15 provide to the Receiving Party a redacted copy of the Document that
16 omits the information that the Producing Party believes is subject to
17 a claim of privilege or other protection.
18 ii. The Receiving Party must, within ten (10) days of receiving the
19 Producing Party’s written notification described above, return,
20 sequester, or destroy the Protected Document and any copies, along
21 with any notes, abstracts or compilations of the content thereof. To
22 the extent that a Protected Document has been loaded into a litigation
23 review database under the control of the Receiving Party, the
24 Receiving Party shall have all electronic copies of the Protected
25 Document extracted from the database.
26 (e) To the extent that the information contained in a Protected Document has
27 already been used in or described in other documents generated or
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1 maintained by the Receiving Party prior to the date of receipt of written
2 notice by the Producing Party as set forth in paragraphs 14(c)(ii) and
3 14(d)(i), then the Receiving Party shall sequester such documents until the
4 claim has been resolved. If the Receiving Party disclosed the Protected
5 Document before being notified of its inadvertent production, it must take
6 reasonable steps to retrieve it.
7 (f) The Receiving Party’s return, sequestering or destruction of Protected
8 Documents as provided herein will not act as a waiver of the Requesting
9 Party’s right to move for the production of the returned, sequestered or
10 destroyed documents on the grounds that the documents are not, in fact,
11 subject to a viable claim of privilege or protection. However, the Receiving
12 Party is prohibited and estopped from arguing that:
13 i. the disclosure or production of the Protected Documents acts as a
14 waiver of an applicable privilege or evidentiary protection;
15 ii. the disclosure of the Protected Documents was not inadvertent;
16 iii. the Producing Party did not take reasonable steps to prevent the
17 disclosure of the Protected Documents; or
18 iv. the Producing Party failed to take reasonable or timely steps to rectify
19 the error pursuant to Federal Rule of Civil Procedure 26(b)(5)(B), or
20 otherwise.
21 (g) Either party may submit Protected Documents to the Court under seal for a
22 determination of the claim of privilege or other protection. The Producing
23 Party shall preserve the Protected Documents until such claim is resolved.
24 The Receiving Party may not use the Protected Documents for any purpose
25 absent this Court’s order.
26 (h) Upon a determination by the Court that the Protected Documents are
27 protected by the applicable privilege or evidentiary protection, and if the
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1 Protected Documents have been sequestered rather than returned or
2 destroyed by the Receiving Party, the Protected Documents shall be
3 returned or destroyed within 10 (ten) days of the Court’s order. The Court
4 may also order the identification by the Receiving Party of Protected
5 Documents by search terms or other means.
6 (i) Nothing contained herein is intended to, or shall serve to limit a party’s
7 right to conduct a review of documents, data (including electronically
8 stored information) and other information, including without limitation,
9 metadata, for relevance, responsiveness and/or the segregation of privileged
10 and/or protected information before such information is produced to
11 another party.
12 (j) By operation of the Parties’ agreement and Court Order, the Parties are
13 specifically afforded the protections of FRE 502 (d) and (e).
14 //
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
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VIOLATION
2 Any violation of this Order may be punished by appropriate measures including,
3 || without limitation, contempt proceedings and/or monetary sanctions.
4
5 IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6
7 Dated: June 17, 2026 LAUREL EMPLOYMENT LAW, APC
8
/s/Allen Ho
10 Joshua I. White
Allen Ho
i Attorneys For Plaintiff
12 Jonnie Maretti
13 Dated: June 17, 2026 LITTLER MENDELSON, P.C.
214
= 15 /s/ Jenny Burke
Patrick H. Hicks
16 Jenny Burke
17 Attorneys For Defendant
Charter Communications, LLC
18 Pursuant to Local Rule 5-4.3.4(a)(2)(V), [, Jenny Burke, hereby attest that all other signatories listed, and
19 on whose behalf this filing is submitted, concur in the filing’s content and have authorized the filing.
20
| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED:
22
23
24) DATED: 06/18/2026 Re ¥ Ole. Qh Q □□□
25 HON. MOZELLA A. OLIVER
United States Magistrate Judge
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20 CASE NO. 2:25-ev-10406-SRM-RAO
1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2 I, _____________________________ [print or type full name], of
3 _________________ [print or type full address], declare under penalty of perjury that I
4 have read in its entirety and understand the Stipulated Protective Order that was issued by
5 the United States District Court for the Central District of California on [date] in the case
6 of Maretti v. Charter Communications, Inc., et al., Case No. 2:25-cv-10406-
7 SRM(RAOx). I agree to comply with and to be bound by all the terms of this Stipulated
8 Protective Order and I understand and acknowledge that failure to so comply could
9 expose me to sanctions and punishment in the nature of contempt. I solemnly promise
10 that I will not disclose in any manner any information or item that is subject to this
11 Stipulated Protective Order to any person or entity except in strict compliance with the
12 provisions of this Order. I further agree to submit to the jurisdiction of the United States
13 District Court for the Central District of California for enforcing the terms of this
14 Stipulated Protective Order, even if such enforcement proceedings occur after
15 termination of this action. I hereby appoint __________________________ [print or type
16 full name] of _______________________________________ [print or type full address
17 and telephone number] as my California agent for service of process in connection with
18 this action or any proceedings related to enforcement of this Stipulated Protective Order.
19 Date: ______________________________________
20 City and State where sworn and signed: _________________________________
21 Printed name: _______________________________
22
Signature: __________________________________
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