Preview
O/
Brian T. Hafter (CA State Bar No. 173151)
brian. hafter@rim0nlaw. com FILED
COUNTY
SAN MATEO
‘ ‘
RIMON P.C. '
One Embarcadero Center #400 ‘
AUG 2 4 2018
San Francisco, CA 94111
Telephone: (415) 810-8403
By
Clerk eior Court
\OWQON'Jl-PUJNH
Attorneys for Plaintiff and Cross-Defendant 0|:q CLERK
FAIZAN BUZDAR .
CALIFORNIA SUPERIOR COURT
FOR THE COUNTY OF SAN MATEO
FAIZAN BUZDAR, CASE NO. 17 CTV 03337
Plaintiff, Plaintiff’ s Unopposed Ex Parte Application for
V.
Entry of a Confidentiality Protective Order;
Memorandum of Points and Authorities in
CONVO CORPORATION, and DOES 1
Support Thereof; Declaration of Brian T. Hafter
through 10, inclusive, in Support Thereof
NNNNNNNNNF—‘P—‘HP—‘r—‘i—‘HHfi—ll—l
" Date: August 24, 2018
Defendant. Time: 2:00 pm.
,
Dept: Law and Motion
OO\IO\Lh4>WNt—‘O\DOO\IO\UIAUJNHO
CONVO CORPORATION, _
( 17: elf—[Tam
'
Cross-Complainant, : Ex Pane Application "
1343938
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FAIZAN BUZDAR, and DOES 1 through 10,
inclusive,
Cross-Defendant.
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TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
PLEASE TAKE NOTICE that on August 24, 2018, at 2:00 p.m., in the Law and Motion
Department of the above—entitled Court, located at 400 County Center, Redwood City, California,
COOQONM-PUJNr—A
Plaintiff Faizan Buzdar (“Plaintiff”) will and hereby does request that the Court enter the stipulated
confidentiality protective order attached to this application. /'
There is good cause to support this Application, as both sides have stipulated to the entry of
this confidentiality protective order. Accordingly, this application is supported by all counsel and
unopposed.
Plaintiff’s application is based upon this application, the attached memorandum of points and
authorities, the attached Declaration of Brian T. Hafter, and such other evidence and argument that
may be presented at or before the hearing of this matter.
Pursuant to Rule 3.1202(a) of the California Rules of Court, Defendant is represented in this
action by the following counsel:
Patrick J. Richard
Nossaman LLP
50 California Street, 34th Floor
San Francisco, CA 9411 1
prichard@nossaman.com
NNNNNNNNNHr—Ii—Ir—tr—ir—Ir—ti—IHH
415-398-3600
S. Ashar Ahmed
Vice President of Operations and Legal
OO\IO\M4>-WI\JHO\OOO\]O\UIJ>~UJNHO
Convo Corporation
2220 Tahiti Drive
San Ramon, CA 94582
ashar@convo.com
415-902-9086
Dated: August 23, 2018 Rimon P.C.
ls/ Brian T. Hafter
B y.,
Brian T. Hafter
Attorneys for Plaintiff and Cross—Defendant
FAIZAN BUZDAR
1
Faizan Buzdar v. Convo Corporation
Plaintiff’s Ex Parte Application for Entry of a Confidentiality Protective Order
MEMORANDUM OF POINTS AND AUTHORITIES .
Through this ex parte application, Plaintiff Faizan Buzdar (“Plaintiff’) will and hereby does
request that the Court enter the confidentiality protective order attached to this application. There is
\ooouoxmAmNp—t
good cause to support this Application, as both sides have stipulated to the entry of this
confidentiality protective order. This application is supported by all counsel and unopposed.
‘
Declaration of Brian T. Hafter 1] 2 & Exh. A.
Dated: August 23, 2018 Rimon P.C.
Is/ Brian T. Hafter
By:
Brian T. Hafter .
Attorneys for Plaintiff and Cross-Defendant
FAIZAN BUZDAR
[\JNNNNNNNNHr—tp—Ar—dr—lt—At—AHt—Ih—A
2
Faizan Buzdar v. Convo Corporation
Plaintiffs Ex Parte Application for Entry of a Confidentiality Protective Order
/
DECLARATION OF BRIAN T. HAFTER
1, Brian T. Hafter, declare:
1. I am an attorney licensed to practice law in the State of California. I am a partner with
the law firm Rimon P.C. ("Rimon"), counsel of record for Plaintiff Faizan Buzdar (“Plaintiff”) in the
above—entitled action. I have practiced law in the State of California and before this Court
\oooucrxmpH
continuously since December 1994. I have personal knowledge of the following facts. If called
upon as a witness, I could and would testify competently thereto.
2. The parties to this action have stipulated to entry of the confidentiality protective
order attached hereto as Exhibit A. A true and correct copy of the confidentiality protective order is
attached hereto as Exhibit A.
3. On August 23, 2018, I provided ex parte notice of this application. Defendant’s
counsel stipulated to the relief sought and to my appearance for this purpose on August 24, 2018, at
2pm, in this department. This application is supported by all counsel and unopposed. Attached
hereto as Exhibit B is a true and correct copy of my email exchange with opposing counsel
providing notice of, and consent to, this ex parte appearance.
I declare under penalty of perjury under the laws of the State of California that the foregoing
NNNNNNNNNr—Ai—lr—lp—Ai—Ay—Ar—Ar—Ap—Ai—A
is true and correct. Executed this 23rd day of August, 2018 at San Francisco, California.
WVQM-fiWNHOKOOOflCNM-PWNHO
Isl Brian T. Hafter
Brian T. Hafter
3
Faizan Buzdar v. Convo Corporation
Plaintiff’s Ex Parte Application for Entry of a Confidentiality Protective Order
PROOF OF SERVICE
\DOOQONU‘I-bUJNH
I, BRIAN T. HAFTER am over the age of 18 and not a party to this action. My place of
business is One Embarcadero Center, Suite 400, San Francisco, CA 94111. On August 23, 2018, I
served the foregoing document(s):
Plaintiffs Unopposed Ex Parte Application for Entry of a Confidentiality Protective Order;
Memorandum of Points and Authorities in Support Thereof; Declaration of Brian T. Hafter in
Support Thereof
r—A
p—I-r—I
BY ELECTRONIC MAIL. Pursuant to prior agreement of counsel, I sent
X the persons below copies of the documents via electronic mail at the email
t—A
addresses below.
)-—A
on the person(s) listed below in the following manner/s:
)—I
The following parties were served the above-referenced documents:
r—t
Patrick J. Richard
Nossaman LLP
v—Ir—I
50 California Street, 34th Floor
San Francisco, CA 94111
MNONM-IkUJNHOKOOOQQLh-bWNP-‘O
prichard@nossaman.com
S. Ashar Ahmed
NNH
Vice President of Operations and Legal
Convo Corporation
2220 Tahiti Drive
[\J
San Ramon, CA 94582
ashar@convo.com
N
[\J I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
[\J
DATED: August 23, 2018
N /s/ Brian T. Hafter
N Brian T. Hafter
N
4
Faizan Buzdar v. Convo Corporation
Plaintiffs Ex Parte Application for Entry of a Confidentiality Protective Order
NOSSAMAN LLP
PATRICK J. RICHARD (SBN 131046)
prichard@nossaman.com
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone: 415.398.3600
Facsimile: 415.398.2438
CONVO CORPORATION
S. ASHAR AHMED (SBN 256711)
ashar@convo.com
2220 Tahiti Drive
San Ramon, CA 94582
Telephone: 415.902.9086
Attorneys for Defendant and Cross-Complainant
CONVO CORPORATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
FAIZAN BUZDAR, Case No: 17-CIV-03337
Plaintiff,
STIPULATED PROTECTIVE ORDER
vs.
CONVO CORPORATION, and does 1 through
10, inclusive,
Defendant.
CONVO CORPORATION,
Cross-Complainant,
VS.
FAIZAN BUZDAR and DOES 1 through 10
inclusive,
Counter-Defendant.
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STIPULATED PROTECTIVE ORDER
56544307.V1
ixHA'
IT IS HEREBY STIPULATED by and between the Parties in this action (together, the
“Parties”), by and through their respective counsel of record, and subject to the Court’s
concurrence, as follows:
LII-PWN
1. Discovery in this action is likely to involve production of confidential,
proprietary, or private information, for which protection may be warranted. Accordingly, the
Parties hereby stipulate to and petition the Court to enter the following Stipulation and Protective
Order, although it will not confer blanket protection on all disclosures or responses to discovery,
\OOO\]O\
the protection it affords from public disclosure and use extends only to the limited information or
items entitled to confidential treatment as described herein.
1o 2. Material designated as confidential under this Stipulation and Protective Order
11 (hereinafter the “Confidential Material(s)” or “Material(s)”) shall be used only for the purpose of
12 the prosecution, defense, or settlement of this Action, and in the hearing of the pending AAA
13 arbitration between Buzdar, Rashid and Mapleleaf (“The Mapleleaf Arbitration”), and/or by the
14 Parties if F aizan Buzdar is a party to any litigation in Pakistan filed by Convo Corporation, and
15 for no other purpose. Use in any other proceeding will require that the procedure set forth in
16 Paragraph 10 or, in the case of a request from a third party, Paragraph 13, below, be followed.
17 3. The Confidential Material designated pursuant to this Stipulation and Protective
18 Order may be disclosed or made available only to the Court, a settlement or mediation officer, to
19 counsel for a party (including the paralegal, clerical, and secretarial staff employed by such
20 counsel), and to the following “qualified persons”:
21 (a) the parties’ attorneys of record in this litigation;
22 (b) a party, or an officer, director, or employee of a party deemed
23 necessary by counsel to aid in the prosecution, defense, or settlement of this action;
24 (0) experts or consultants (together with their clerical staff) retained by
25 such counsel to assist in the prosecution, defense, or settlement of this action;
26 (d) court reporter(s) employed in this action;
27 (e) a witness at any deposition or other proceeding in this action; and
28 (t) any other person as to whom the parties in writing agree.
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STIPULATED PROTECTIVE ORDER
56544307 V1
.
/\
With regard to the “qualified persons” described in subparagraphs (b) or (e)
above, the party providing the confidential information to such person shall inform the person of
AWN this Stipulation and Protective Order.
4. In this Stipulation and Protective Order, the'words set forth below shall have the
following meanings:
\IONU‘:
a. "Proceeding" means the above—entitled Action and The Mapleleaf
Arbitration.
b. "Court" means the San Mateo County Superior Court, including Court
staff participating in such proceedings.
10 c. "Confidential” means any information which is in the possession of a
11 Designating Party who believes in good faith that such information is entitled to confidential
12 treatment under applicable law.
13 d. "Confidential Material(s)” or “Materials(s)” means any records produced
14 from on party to another and designated as ”Confidential" pursuant to the provisions of this
15 Stipulation and Protective Order.
16 e. "Designating Party" means the Party that designates materials as
17 "Confidential."
18 f. "Disclose" or "Disclosed" or "Disclosure" means to reveal, divulge, give,
19 or make available the Confidential Material, or any part thereof.
20 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate,” as
21 those terms are defined by the California Evidence Code sections 250, 255, and 260, which are
22 or have been produced in discovery in this Proceeding by any person, and (ii) any copies,
23 reproductions, or summaries of all or any part of the foregoing.
24 h. “Information” means the content of Documents or Testimony.
25 i. “Testimony” means all depositions, declarations, or other testimony taken
26 or used in this Proceeding.
27 S. This Stipulation and Protective Order does not confer protection to (1) any
28 Documents, including written summaries, notes, or compilations about the Confidential Material;
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STIPULATED PROTECTIVE ORDER
56544307 .V1
(2) any Information extracted from the Confidential Material; or (3) any Testimony,
conversations, or presentations about the Confidential Material by the Parties, their counsel, or
other persons with access to the Confidential Materials, except as designated in paragraph 7.
6. The entry of this Stipulation and Protective Order does not alter, waive, modify,
\IO‘tUI-bWN
or abridge any right, privilege or protection otherwise available to the Parties with respect to the
discovery of matters, including but not limited to the right to assert the attorney-client privilege,
the attorney work product doctrine, or other privileges, or the right to contest any such assertion.
7. The Confidential Material must be clearly designated as such before the
Confidential Material is Disclosed or produced. The parties may agree that the case name and
1o number are to be part ofthe "Confidential" designation. The "Confidential" designation should
11 not obscure or interfere with the legibility of the designated information. Prior to Disclosure,
12 the Designating Party must affix in a prominent place on the exterior of the container or
13 containers in which the Confidential Material is stored with the words “CONFIDENTIAL.” For
14 deposition testimony, those portions of any deposition for which a Party seeks confidential
1s designation, such designation must be made before the conclusion of the deposition so that the
16 court reporter may so designate those portions.
17 8. In the event that any Confidential Material that is subject to a "Confidential"
18 designation is inadvertently produced without such designation, the Party that inadvertently
19 produced the document shall give written notice of such inadvertent production within twenty
20 (20) days of discovery of the inadvertent production, together with a further description of the
21 Material designated as "Confidential" (the "Inadvertent Production Notice“). Upon receipt of
22 such Inadvertent Production Notice, the Party that received the inadvertently produced
23 Confidential Material shall, at the expense of the producing Party, return such to counsel for the
24 producing Party within ten (1 0) days of receipt of written notice of the inadvertent production,
25 and shall retain only the "Confidential" designated Materials. This provision is not intended to
26 apply to any inadvertent production of any Information protected by attorney-client or work
27 product privileges. In the event that this provision conflicts with any applicable law regarding
28
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STH’ULATED PROTECTIVE ORDER
56544307.V1
waiver of confidentiality through the inadvertent production of Documents, Testimony or
Information, such law shall govern.
9. Confidential Materials shall be used by the persons receiving them only for the
4:.
purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or
defending the Proceeding, and not for any business or other purpose whatsoever.
10. Any Party to the Proceeding (or other person subject to the terms of this
\OOO\]O\LII
Stipulation and Protective Order) may ask the Court, after appropriate notice to the other Parties
to the Proceeding, to modify or grant relief from any provision of this Stipulation and Protective
Order.
1o 11. Entering into, agreeing to, and/or complying with the terms of this Stipulation and
11 Protective Order shall not:
12 a. operate as an admission by any person that any Materials marked
13 "Confidential" contains or reflects trade secrets, proprietary, confidential or competitively
14 sensitive business, commercial, financial or personal information; or
15‘ b. prejudice in any way the right of any Party (or any other person subject to
16 the terms of this Stipulation and Protective Order):
17 i. to seek a determination by the Court of whether any particular
18 Confidential Material should be subject to protection as "Confidential" under the
19 terms of this Stipulation and Protective Order; or
20 ii. to seek relief from the Court on appropriate notice to all other
21 Parties to the Proceeding from any provision(s) of this Stipulation and Protective
22 Order, either generally or as to any particular Material.
23 12. Any Party to the Proceeding who has not executed this Stipulation and Protective
24 Order as of the time it is presented to the Court for signature may thereafter become a Party to
25 this Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing
26 the same with the Court, and serving copies of such signed and dated copy upon the other Parties
27 to this Stipulation and Protective Order.
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STIPULATED PROTECTIVE ORDER
56544307.V1
13. If any person subject to this Stipulation and Protective Order who has custody of
any Confidential Materials receives a subpoena or other process ("Subpoena") from any
hb-FN
government or other person or entity demanding production of Confidential Materials, the
recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission,
followed by either express mail or overnight delivery to counsel of record for the Designating
Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this notice,
\000\lO\LII
the Designating Party may, in its sole discretion and at its own cost, move to quash or limit the
Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain
confidential treatment of such Confidential Materials from the subpoenaing person or entity to
10 the fullest extent available under law. The recipient of the Subpoena may not produce any
11 Confidential Materials pursuant to the Subpoena prior to the date specified for production on the
12 Subpoena.
13 14. If, after execution of this Stipulation and Protective Order, any Confidential
14 Materials submitted by a Designating Party under the terms of this Stipulation and Protective
15 Order is Disclosed by a non~Designating Party to any person other than in the manner authorized
16 by this Stipulation and Protective Order, the non-Designating Party responsible for the
17 Disclosure shall bring all pertinent facts relating to the Disclosure of such Confidential Materials
18 to the immediate attention of the Designating Party.
19 15. This Stipulation and Protective Order is entered into without prejudice to the right
20 of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any
21 Confidential Materials designated by that Party. 1f the Designating Party uses Confidential
22 Materials in a non—Confidential manner, then the Designating Party shall advise that the
23 designation no longer applies.
24 16. The Parties shall meet and confer regarding the procedures for use of Confidential
25 Materials at trial and shall move the Court for entry of an appropriate order.
26 17. Nothing in this Stipulation and Protective Order shall affect the admissibility into
27 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or
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STIPULATED PROTECTIVE ORDER
56544307.V1
to pursue other appropriate judicial action with respect to any ruling made by the Court
concerning the issue of the status of Protected Material.
ALAN
18. This Stipulation and Protective Order shall continue to be binding after the
conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding,
except that a Party may seek the written permission of the Designating Party or may move the
\IO‘1UI
Court for relief from the provisions of this Stipulation and Protective Order. To the extent
permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this
Stipulation and Protective Order, even after the Proceeding is terminated.
19. Upon written request made within thirty (30) days after the settlement or other
1o termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)
11 promptly return to counsel for each Designating Party all Confidential Materials, (b) agree with
12 counsel for the Designating Party upon appropriate methods and certification of destruction or
13 other disposition of such Confidential Materials, or (0) file a motion seeking a Court order
14 regarding proper preservation of such Materials. To the extent permitted by law the Court shall
15 retain continuingjurisdiction to review and rule upon the motion referred to in sub-section (0)
16 herein.
17 20. After this Stipulation and Protective Order has been signed by counsel for all
18 Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set
19 forth herein with regard to any Confidential Materials that have been produced before the Court
20 signs this Stipulation and Protective Order.
21 21. The Parties and all signatories to the Certification attached hereto as Exhibit A
22 agree to be bound by this Stipulation and Protective Order pending its approval and entry by the
23 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the event
24 that the Court enters a different Protective Order, the Parties agree to be bound by this
25 Stipulation and Protective Order until such time as the Court may enter such a different Order. It
26 is the Parties' intent to be bound by the terms of this Stipulation and Protective Order pending its
27 entry so as to allow for immediate production of Confidential Materials under the terms herein.
28 M
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STIPULATED PROTECTIVE ORDER
56544307.V1
Dated: August 23, 2018 RIMON, P.C.
ls/ Brian T. Hafter
Brian T. Hafter
\IONKI’I-P-UJN
Attorneys for Plaintiff
FAIZAN BUZDAR
Dated: August 23, 2018 NOSSAMAN LLP
PAJ .RICHARD
10
11
W/flt/w Pat?
"ck.l. Richard
12 Attorneys for Dct'cnda/nt and Cross— Complainant
CONVO CORPORATION
13
14
Based upon the foregoing Stipulation, IT IS SO ORDERED.
15
16
17 Dated: , 2018
JUDGE OF THE SUPERIOR COURT
18
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STIPULATED PROTECTIVE ORDER
56544307.V1
EXHIBIT A
CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS
I hereby acknowledge that I, . am about to receive Confidential Materials
supplied in connection with the Proceeding, the San Mateo Superior Court, Case No. l7-CIV-
03337. I certify that I understand that the Confidential Materials are provided to me subject to
the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have
been given a copy of the Stipulation and Protective Order; I have read it, and I agree to be bound
by its terms.
OKOOONON
I understand that Confidential Materials, as defined in the Stipulation and Protective
Order, shall not be Disclosed to anyone except as expressly permitted by the Stipulation and
11 Protective Order. I will not use, except solely for the purposes of this Proceeding, any
12 Confidential Materials obtained pursuant to this Protective Order, except as provided therein or
13 otherwise ordered by the Court in the Proceeding.
14 I further understand that I am to retain all Confidential Materials provided to me in the
15 Proceeding in a secure manner, and that all such Materials are to remain in my personal custody
16 until termination of my participation in this Proceeding, whereupon the copies of such Materials
17 will be returned to counsel who provided me with such Materials.
18 I declare under penalty of perjury, under the laws of the State of California, that the
19 foregoing is true and correct. Executed this __ day of _, 2018, at
2o
Dated: BY:
21 Signature
22 Title
23
Address
24
City, State, Zip
25
Telephone Number
26
27
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STIPULATED PROTECTIVE ORDER
56544307.V1
From: Richard, Patrick J.
T0:
Cc:
mm
finar Ahmed; Blakeman, Kelley
Subject: RE: Buzdar_Convo - Stipulated Protective Order - Ex Parte Application
Date: Thursday, August 23, 2018 3:49:20 PM
Brian—Please allow this e—mail to confirm the following:
0 You may appear ex partetomorrow on the protective order;
0 We do not oppose the substantive relief requested, namely, entry of the stipulated
protective order; and
0We do not object to the slightly less than 24 hours’ notice.
And thank you. patrick
From: Brian Hafter [mailto:brian.hafter@rimonlaw.com]
Sent: Thursday, August 23, 2018 3:35 PM
To: Richard, Patrick J.
Cc: Ashar Ahmed; Blakeman, Kelley
Subject: RE: Buzdar_Convo Stipulated Protective Order - Ex Parte Application
—
Patrick — Given that we both just signed the protective order this afternoon and that we both have
—
an interest in having the Court approve it as soon as possible —l suggest that appear at an ex parte
l
hearing tomorrow, at 2pm, in the Court’s law and motion department, to request that the Court
enter the order. appreciate that this notice is being provided on less than 24 hours — although
I I
am doing so only because the relief am requesting is something you have stipulated to. if you
1
f agree to this approach, please send me an email confirming that may appear ex parte for this
I
purpose tomorrow, that you consent to the relief sought, and that you do not object to the amount
of notice have provided for this purpose. Thank you.
I
Bnan
”rim. 9
Preview
O/ Brian T. Hafter (CA State Bar No. 173151) brian. hafter@rim0nlaw. com FILED COUNTY SAN MATEO ‘ ‘ RIMON P.C. ' One Embarcadero Center #400 ‘ AUG 2 4 2018 San Francisco, CA 94111 Telephone: (415) 810-8403 By Clerk eior Court \OWQON'Jl-PUJNH Attorneys for Plaintiff and Cross-Defendant 0|:q CLERK FAIZAN BUZDAR . CALIFORNIA SUPERIOR COURT FOR THE COUNTY OF SAN MATEO FAIZAN BUZDAR, CASE NO. 17 CTV 03337 Plaintiff, Plaintiff’ s Unopposed Ex Parte Application for V. Entry of a Confidentiality Protective Order; Memorandum of Points and Authorities in CONVO CORPORATION, and DOES 1 Support Thereof; Declaration of Brian T. Hafter through 10, inclusive, in Support Thereof NNNNNNNNNF—‘P—‘HP—‘r—‘i—‘HHfi—ll—l " Date: August 24, 2018 Defendant. Time: 2:00 pm. , Dept: Law and Motion OO\IO\Lh4>WNt—‘O\DOO\IO\UIAUJNHO CONVO CORPORATION, _ ( 17: elf—[Tam ' Cross-Complainant, : Ex Pane Application " 1343938 V. i Imnlmmm \. ,__,, __ fl- , _ FAIZAN BUZDAR, and DOES 1 through 10, inclusive, Cross-Defendant. ‘ V‘Jr ' I . . ‘ \L‘ I J. \ I « TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: PLEASE TAKE NOTICE that on August 24, 2018, at 2:00 p.m., in the Law and Motion Department of the above—entitled Court, located at 400 County Center, Redwood City, California, COOQONM-PUJNr—A Plaintiff Faizan Buzdar (“Plaintiff”) will and hereby does request that the Court enter the stipulated confidentiality protective order attached to this application. /' There is good cause to support this Application, as both sides have stipulated to the entry of this confidentiality protective order. Accordingly, this application is supported by all counsel and unopposed. Plaintiff’s application is based upon this application, the attached memorandum of points and authorities, the attached Declaration of Brian T. Hafter, and such other evidence and argument that may be presented at or before the hearing of this matter. Pursuant to Rule 3.1202(a) of the California Rules of Court, Defendant is represented in this action by the following counsel: Patrick J. Richard Nossaman LLP 50 California Street, 34th Floor San Francisco, CA 9411 1 prichard@nossaman.com NNNNNNNNNHr—Ii—Ir—tr—ir—Ir—ti—IHH 415-398-3600 S. Ashar Ahmed Vice President of Operations and Legal OO\IO\M4>-WI\JHO\OOO\]O\UIJ>~UJNHO Convo Corporation 2220 Tahiti Drive San Ramon, CA 94582 ashar@convo.com 415-902-9086 Dated: August 23, 2018 Rimon P.C. ls/ Brian T. Hafter B y., Brian T. Hafter Attorneys for Plaintiff and Cross—Defendant FAIZAN BUZDAR 1 Faizan Buzdar v. Convo Corporation Plaintiff’s Ex Parte Application for Entry of a Confidentiality Protective Order MEMORANDUM OF POINTS AND AUTHORITIES . Through this ex parte application, Plaintiff Faizan Buzdar (“Plaintiff’) will and hereby does request that the Court enter the confidentiality protective order attached to this application. There is \ooouoxmAmNp—t good cause to support this Application, as both sides have stipulated to the entry of this confidentiality protective order. This application is supported by all counsel and unopposed. ‘ Declaration of Brian T. Hafter 1] 2 & Exh. A. Dated: August 23, 2018 Rimon P.C. Is/ Brian T. Hafter By: Brian T. Hafter . Attorneys for Plaintiff and Cross-Defendant FAIZAN BUZDAR [\JNNNNNNNNHr—tp—Ar—dr—lt—At—AHt—Ih—A 2 Faizan Buzdar v. Convo Corporation Plaintiffs Ex Parte Application for Entry of a Confidentiality Protective Order / DECLARATION OF BRIAN T. HAFTER 1, Brian T. Hafter, declare: 1. I am an attorney licensed to practice law in the State of California. I am a partner with the law firm Rimon P.C. ("Rimon"), counsel of record for Plaintiff Faizan Buzdar (“Plaintiff”) in the above—entitled action. I have practiced law in the State of California and before this Court \oooucrxmpH continuously since December 1994. I have personal knowledge of the following facts. If called upon as a witness, I could and would testify competently thereto. 2. The parties to this action have stipulated to entry of the confidentiality protective order attached hereto as Exhibit A. A true and correct copy of the confidentiality protective order is attached hereto as Exhibit A. 3. On August 23, 2018, I provided ex parte notice of this application. Defendant’s counsel stipulated to the relief sought and to my appearance for this purpose on August 24, 2018, at 2pm, in this department. This application is supported by all counsel and unopposed. Attached hereto as Exhibit B is a true and correct copy of my email exchange with opposing counsel providing notice of, and consent to, this ex parte appearance. I declare under penalty of perjury under the laws of the State of California that the foregoing NNNNNNNNNr—Ai—lr—lp—Ai—Ay—Ar—Ar—Ap—Ai—A is true and correct. Executed this 23rd day of August, 2018 at San Francisco, California. WVQM-fiWNHOKOOOflCNM-PWNHO Isl Brian T. Hafter Brian T. Hafter 3 Faizan Buzdar v. Convo Corporation Plaintiff’s Ex Parte Application for Entry of a Confidentiality Protective Order PROOF OF SERVICE \DOOQONU‘I-bUJNH I, BRIAN T. HAFTER am over the age of 18 and not a party to this action. My place of business is One Embarcadero Center, Suite 400, San Francisco, CA 94111. On August 23, 2018, I served the foregoing document(s): Plaintiffs Unopposed Ex Parte Application for Entry of a Confidentiality Protective Order; Memorandum of Points and Authorities in Support Thereof; Declaration of Brian T. Hafter in Support Thereof r—A p—I-r—I BY ELECTRONIC MAIL. Pursuant to prior agreement of counsel, I sent X the persons below copies of the documents via electronic mail at the email t—A addresses below. )-—A on the person(s) listed below in the following manner/s: )—I The following parties were served the above-referenced documents: r—t Patrick J. Richard Nossaman LLP v—Ir—I 50 California Street, 34th Floor San Francisco, CA 94111 MNONM-IkUJNHOKOOOQQLh-bWNP-‘O prichard@nossaman.com S. Ashar Ahmed NNH Vice President of Operations and Legal Convo Corporation 2220 Tahiti Drive [\J San Ramon, CA 94582 ashar@convo.com N [\J I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [\J DATED: August 23, 2018 N /s/ Brian T. Hafter N Brian T. Hafter N 4 Faizan Buzdar v. Convo Corporation Plaintiffs Ex Parte Application for Entry of a Confidentiality Protective Order NOSSAMAN LLP PATRICK J. RICHARD (SBN 131046) prichard@nossaman.com 50 California Street, 34th Floor San Francisco, CA 94111 Telephone: 415.398.3600 Facsimile: 415.398.2438 CONVO CORPORATION S. ASHAR AHMED (SBN 256711) ashar@convo.com 2220 Tahiti Drive San Ramon, CA 94582 Telephone: 415.902.9086 Attorneys for Defendant and Cross-Complainant CONVO CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO FAIZAN BUZDAR, Case No: 17-CIV-03337 Plaintiff, STIPULATED PROTECTIVE ORDER vs. CONVO CORPORATION, and does 1 through 10, inclusive, Defendant. CONVO CORPORATION, Cross-Complainant, VS. FAIZAN BUZDAR and DOES 1 through 10 inclusive, Counter-Defendant. -1- STIPULATED PROTECTIVE ORDER 56544307.V1 ixHA' IT IS HEREBY STIPULATED by and between the Parties in this action (together, the “Parties”), by and through their respective counsel of record, and subject to the Court’s concurrence, as follows: LII-PWN 1. Discovery in this action is likely to involve production of confidential, proprietary, or private information, for which protection may be warranted. Accordingly, the Parties hereby stipulate to and petition the Court to enter the following Stipulation and Protective Order, although it will not confer blanket protection on all disclosures or responses to discovery, \OOO\]O\ the protection it affords from public disclosure and use extends only to the limited information or items entitled to confidential treatment as described herein. 1o 2. Material designated as confidential under this Stipulation and Protective Order 11 (hereinafter the “Confidential Material(s)” or “Material(s)”) shall be used only for the purpose of 12 the prosecution, defense, or settlement of this Action, and in the hearing of the pending AAA 13 arbitration between Buzdar, Rashid and Mapleleaf (“The Mapleleaf Arbitration”), and/or by the 14 Parties if F aizan Buzdar is a party to any litigation in Pakistan filed by Convo Corporation, and 15 for no other purpose. Use in any other proceeding will require that the procedure set forth in 16 Paragraph 10 or, in the case of a request from a third party, Paragraph 13, below, be followed. 17 3. The Confidential Material designated pursuant to this Stipulation and Protective 18 Order may be disclosed or made available only to the Court, a settlement or mediation officer, to 19 counsel for a party (including the paralegal, clerical, and secretarial staff employed by such 20 counsel), and to the following “qualified persons”: 21 (a) the parties’ attorneys of record in this litigation; 22 (b) a party, or an officer, director, or employee of a party deemed 23 necessary by counsel to aid in the prosecution, defense, or settlement of this action; 24 (0) experts or consultants (together with their clerical staff) retained by 25 such counsel to assist in the prosecution, defense, or settlement of this action; 26 (d) court reporter(s) employed in this action; 27 (e) a witness at any deposition or other proceeding in this action; and 28 (t) any other person as to whom the parties in writing agree. -2- STIPULATED PROTECTIVE ORDER 56544307 V1 . /\ With regard to the “qualified persons” described in subparagraphs (b) or (e) above, the party providing the confidential information to such person shall inform the person of AWN this Stipulation and Protective Order. 4. In this Stipulation and Protective Order, the'words set forth below shall have the following meanings: \IONU‘: a. "Proceeding" means the above—entitled Action and The Mapleleaf Arbitration. b. "Court" means the San Mateo County Superior Court, including Court staff participating in such proceedings. 10 c. "Confidential” means any information which is in the possession of a 11 Designating Party who believes in good faith that such information is entitled to confidential 12 treatment under applicable law. 13 d. "Confidential Material(s)” or “Materials(s)” means any records produced 14 from on party to another and designated as ”Confidential" pursuant to the provisions of this 15 Stipulation and Protective Order. 16 e. "Designating Party" means the Party that designates materials as 17 "Confidential." 18 f. "Disclose" or "Disclosed" or "Disclosure" means to reveal, divulge, give, 19 or make available the Confidential Material, or any part thereof. 20 g. “Documents” means (i) any “Writing,” “Original,” and “Duplicate,” as 21 those terms are defined by the California Evidence Code sections 250, 255, and 260, which are 22 or have been produced in discovery in this Proceeding by any person, and (ii) any copies, 23 reproductions, or summaries of all or any part of the foregoing. 24 h. “Information” means the content of Documents or Testimony. 25 i. “Testimony” means all depositions, declarations, or other testimony taken 26 or used in this Proceeding. 27 S. This Stipulation and Protective Order does not confer protection to (1) any 28 Documents, including written summaries, notes, or compilations about the Confidential Material; - 3 - STIPULATED PROTECTIVE ORDER 56544307 .V1 (2) any Information extracted from the Confidential Material; or (3) any Testimony, conversations, or presentations about the Confidential Material by the Parties, their counsel, or other persons with access to the Confidential Materials, except as designated in paragraph 7. 6. The entry of this Stipulation and Protective Order does not alter, waive, modify, \IO‘tUI-bWN or abridge any right, privilege or protection otherwise available to the Parties with respect to the discovery of matters, including but not limited to the right to assert the attorney-client privilege, the attorney work product doctrine, or other privileges, or the right to contest any such assertion. 7. The Confidential Material must be clearly designated as such before the Confidential Material is Disclosed or produced. The parties may agree that the case name and 1o number are to be part ofthe "Confidential" designation. The "Confidential" designation should 11 not obscure or interfere with the legibility of the designated information. Prior to Disclosure, 12 the Designating Party must affix in a prominent place on the exterior of the container or 13 containers in which the Confidential Material is stored with the words “CONFIDENTIAL.” For 14 deposition testimony, those portions of any deposition for which a Party seeks confidential 1s designation, such designation must be made before the conclusion of the deposition so that the 16 court reporter may so designate those portions. 17 8. In the event that any Confidential Material that is subject to a "Confidential" 18 designation is inadvertently produced without such designation, the Party that inadvertently 19 produced the document shall give written notice of such inadvertent production within twenty 20 (20) days of discovery of the inadvertent production, together with a further description of the 21 Material designated as "Confidential" (the "Inadvertent Production Notice“). Upon receipt of 22 such Inadvertent Production Notice, the Party that received the inadvertently produced 23 Confidential Material shall, at the expense of the producing Party, return such to counsel for the 24 producing Party within ten (1 0) days of receipt of written notice of the inadvertent production, 25 and shall retain only the "Confidential" designated Materials. This provision is not intended to 26 apply to any inadvertent production of any Information protected by attorney-client or work 27 product privileges. In the event that this provision conflicts with any applicable law regarding 28 -4- STH’ULATED PROTECTIVE ORDER 56544307.V1 waiver of confidentiality through the inadvertent production of Documents, Testimony or Information, such law shall govern. 9. Confidential Materials shall be used by the persons receiving them only for the 4:. purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or defending the Proceeding, and not for any business or other purpose whatsoever. 10. Any Party to the Proceeding (or other person subject to the terms of this \OOO\]O\LII Stipulation and Protective Order) may ask the Court, after appropriate notice to the other Parties to the Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order. 1o 11. Entering into, agreeing to, and/or complying with the terms of this Stipulation and 11 Protective Order shall not: 12 a. operate as an admission by any person that any Materials marked 13 "Confidential" contains or reflects trade secrets, proprietary, confidential or competitively 14 sensitive business, commercial, financial or personal information; or 15‘ b. prejudice in any way the right of any Party (or any other person subject to 16 the terms of this Stipulation and Protective Order): 17 i. to seek a determination by the Court of whether any particular 18 Confidential Material should be subject to protection as "Confidential" under the 19 terms of this Stipulation and Protective Order; or 20 ii. to seek relief from the Court on appropriate notice to all other 21 Parties to the Proceeding from any provision(s) of this Stipulation and Protective 22 Order, either generally or as to any particular Material. 23 12. Any Party to the Proceeding who has not executed this Stipulation and Protective 24 Order as of the time it is presented to the Court for signature may thereafter become a Party to 25 this Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing 26 the same with the Court, and serving copies of such signed and dated copy upon the other Parties 27 to this Stipulation and Protective Order. 28 _ 5 _ STIPULATED PROTECTIVE ORDER 56544307.V1 13. If any person subject to this Stipulation and Protective Order who has custody of any Confidential Materials receives a subpoena or other process ("Subpoena") from any hb-FN government or other person or entity demanding production of Confidential Materials, the recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission, followed by either express mail or overnight delivery to counsel of record for the Designating Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, \000\lO\LII the Designating Party may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain confidential treatment of such Confidential Materials from the subpoenaing person or entity to 10 the fullest extent available under law. The recipient of the Subpoena may not produce any 11 Confidential Materials pursuant to the Subpoena prior to the date specified for production on the 12 Subpoena. 13 14. If, after execution of this Stipulation and Protective Order, any Confidential 14 Materials submitted by a Designating Party under the terms of this Stipulation and Protective 15 Order is Disclosed by a non~Designating Party to any person other than in the manner authorized 16 by this Stipulation and Protective Order, the non-Designating Party responsible for the 17 Disclosure shall bring all pertinent facts relating to the Disclosure of such Confidential Materials 18 to the immediate attention of the Designating Party. 19 15. This Stipulation and Protective Order is entered into without prejudice to the right 20 of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any 21 Confidential Materials designated by that Party. 1f the Designating Party uses Confidential 22 Materials in a non—Confidential manner, then the Designating Party shall advise that the 23 designation no longer applies. 24 16. The Parties shall meet and confer regarding the procedures for use of Confidential 25 Materials at trial and shall move the Court for entry of an appropriate order. 26 17. Nothing in this Stipulation and Protective Order shall affect the admissibility into 27 evidence of Confidential Materials, or abridge the rights of any person to seek judicial review or 28 -6- STIPULATED PROTECTIVE ORDER 56544307.V1 to pursue other appropriate judicial action with respect to any ruling made by the Court concerning the issue of the status of Protected Material. ALAN 18. This Stipulation and Protective Order shall continue to be binding after the conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except that a Party may seek the written permission of the Designating Party or may move the \IO‘1UI Court for relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law, the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective Order, even after the Proceeding is terminated. 19. Upon written request made within thirty (30) days after the settlement or other 1o termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) 11 promptly return to counsel for each Designating Party all Confidential Materials, (b) agree with 12 counsel for the Designating Party upon appropriate methods and certification of destruction or 13 other disposition of such Confidential Materials, or (0) file a motion seeking a Court order 14 regarding proper preservation of such Materials. To the extent permitted by law the Court shall 15 retain continuingjurisdiction to review and rule upon the motion referred to in sub-section (0) 16 herein. 17 20. After this Stipulation and Protective Order has been signed by counsel for all 18 Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set 19 forth herein with regard to any Confidential Materials that have been produced before the Court 20 signs this Stipulation and Protective Order. 21 21. The Parties and all signatories to the Certification attached hereto as Exhibit A 22 agree to be bound by this Stipulation and Protective Order pending its approval and entry by the 23 Court. In the event that the Court modifies this Stipulation and Protective Order, or in the event 24 that the Court enters a different Protective Order, the Parties agree to be bound by this 25 Stipulation and Protective Order until such time as the Court may enter such a different Order. It 26 is the Parties' intent to be bound by the terms of this Stipulation and Protective Order pending its 27 entry so as to allow for immediate production of Confidential Materials under the terms herein. 28 M -7- STIPULATED PROTECTIVE ORDER 56544307.V1 Dated: August 23, 2018 RIMON, P.C. ls/ Brian T. Hafter Brian T. Hafter \IONKI’I-P-UJN Attorneys for Plaintiff FAIZAN BUZDAR Dated: August 23, 2018 NOSSAMAN LLP PAJ .RICHARD 10 11 W/flt/w Pat? "ck.l. Richard 12 Attorneys for Dct'cnda/nt and Cross— Complainant CONVO CORPORATION 13 14 Based upon the foregoing Stipulation, IT IS SO ORDERED. 15 16 17 Dated: , 2018 JUDGE OF THE SUPERIOR COURT 18 19 20 21 22 23 24 25 26 27 28 -3 . STIPULATED PROTECTIVE ORDER 56544307.V1 EXHIBIT A CERTIFICATION RE CONFIDENTIAL DISCOVERY MATERIALS I hereby acknowledge that I, . am about to receive Confidential Materials supplied in connection with the Proceeding, the San Mateo Superior Court, Case No. l7-CIV- 03337. I certify that I understand that the Confidential Materials are provided to me subject to the terms and restrictions of the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the Stipulation and Protective Order; I have read it, and I agree to be bound by its terms. OKOOONON I understand that Confidential Materials, as defined in the Stipulation and Protective Order, shall not be Disclosed to anyone except as expressly permitted by the Stipulation and 11 Protective Order. I will not use, except solely for the purposes of this Proceeding, any 12 Confidential Materials obtained pursuant to this Protective Order, except as provided therein or 13 otherwise ordered by the Court in the Proceeding. 14 I further understand that I am to retain all Confidential Materials provided to me in the 15 Proceeding in a secure manner, and that all such Materials are to remain in my personal custody 16 until termination of my participation in this Proceeding, whereupon the copies of such Materials 17 will be returned to counsel who provided me with such Materials. 18 I declare under penalty of perjury, under the laws of the State of California, that the 19 foregoing is true and correct. Executed this __ day of _, 2018, at 2o Dated: BY: 21 Signature 22 Title 23 Address 24 City, State, Zip 25 Telephone Number 26 27 28 - 9 _ STIPULATED PROTECTIVE ORDER 56544307.V1 From: Richard, Patrick J. T0: Cc: mm finar Ahmed; Blakeman, Kelley Subject: RE: Buzdar_Convo - Stipulated Protective Order - Ex Parte Application Date: Thursday, August 23, 2018 3:49:20 PM Brian—Please allow this e—mail to confirm the following: 0 You may appear ex partetomorrow on the protective order; 0 We do not oppose the substantive relief requested, namely, entry of the stipulated protective order; and 0We do not object to the slightly less than 24 hours’ notice. And thank you. patrick From: Brian Hafter [mailto:brian.hafter@rimonlaw.com] Sent: Thursday, August 23, 2018 3:35 PM To: Richard, Patrick J. Cc: Ashar Ahmed; Blakeman, Kelley Subject: RE: Buzdar_Convo Stipulated Protective Order - Ex Parte Application — Patrick — Given that we both just signed the protective order this afternoon and that we both have — an interest in having the Court approve it as soon as possible —l suggest that appear at an ex parte l hearing tomorrow, at 2pm, in the Court’s law and motion department, to request that the Court enter the order. appreciate that this notice is being provided on less than 24 hours — although I I am doing so only because the relief am requesting is something you have stipulated to. if you 1 f agree to this approach, please send me an email confirming that may appear ex parte for this I purpose tomorrow, that you consent to the relief sought, and that you do not object to the amount of notice have provided for this purpose. Thank you. I Bnan ”rim. 9