Jack Kavanaugh et al v. Allstate Insurance Company et al

Filing 18

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order, 17 (yb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DR. JACK KAVANAUGH, an individual; ) Docket No. 2:14-CV-06280-AJW
)
and LESLIE KAVANAUGH, an
individual,
) Assigned to the
) Hon. Andrew J. Wistrich
) Courtroom 690
Plaintiffs,
)
) ORDER FOR PROTECTION OF
vs.
) PRIVATE INFORMATION
ALLSTATE INSURANCE COMPANY, ) PURSUANT TO STIPULATION
)
an Illinois corporation; and DOES 1
)
though 20, Inclusive,
)
) Complaint Filed: July 16, 2014
Defendants.
_________________________________ )

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MACGREGOR &
BERTHEL

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BASED

UPON

THE

STIPULATION

OF

THE

PARTIES,

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FILED

CONCURRENTLY HEREWITH, IT IS HEREBY ORDERED:

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That to preserve the protectible character of claimed proprietary

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information in the pending action, the following shall govern the disclosure of

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information regarded as confidential:

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A.

LIMITATIONS ON USE OF CONFIDENTIAL INFORMATION
1.

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“Confidential Information” as used herein means any type of

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information which is designated as confidential by the supplying party, whether it be

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a document or thing, information contained in a document or thing, information

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revealed during a deposition, information revealed in an interrogatory answer or

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otherwise. Documents so designated shall be accessible only to the following persons:

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(a)

Parties to this action;

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(b)

Attorneys of record in this litigation and any associated counsel,

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and employees of such attorneys and counsel to whom it is

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necessary that the information be disclosed for purposes of this

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litigation, as well as in house general counsel for the corporate

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parties;
(c)

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Any person employed by a party or its/his attorneys of record in

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this litigation or jointly by the parties as an independent expert

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who agrees in writing to be bound by the terms of this Protective

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Order; and
(d)

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2.

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The Court, arbitrators and/or mediators.

Any information designated as Confidential Information shall not be

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made available by the party receiving it to any persons or entities other than those

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persons identified hereinabove in paragraph 1, except when disclosure is required by

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law or is disclosed by a third party who has a lawful right to so disclose.

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MACGREGOR &
BERTHEL

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3.

Any information designated as Confidential Information shall not be used by

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the other party for any purpose other than in connection with this litigation.

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B.

LIMITATIONS ON THE USE OF CONFIDENTIAL INFORMATION

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--COUNSELS’ EYES ONLY

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4.

“Confidential Information -- Counsels’ Eyes Only” as used herein

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means any type of information which is designed as confidential -- counsels’ eyes

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only by the supplying party, whether it be a document or thing, information contained

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in a document or thing, information revealed during a deposition, information revealed

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in an interrogatory answer or otherwise. Documents so designated shall be accessible

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only to the following persons:
(a)

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Attorneys of record in this litigation and any associated counsel,

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and employees of such attorneys and counsel to whom it is necessary that the

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information be disclosed for purposes of this litigation as well as in house general

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counsel for the corporate parties; and
(b)

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Any person employed by a party or its/his attorneys of record in

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this litigation or jointly by the parties as an independent expert who agrees in

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writing to be bound by the terms of this Protective Order; and
(c)

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5.

The Court, during trial, arbitration and/or mediation.

Any information designated as Confidential Information -- Counsels’

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Eyes Only shall not be made available by the party receiving it to any persons or

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entities other than those persons identified hereinabove in paragraph 4, except when

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disclosure is required by law or is disclosed by a third party who has a lawful right to

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so disclose.

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6.

Any information designated as Confidential Information -- Counsels’

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Eyes Only shall not be used by the other party for any purpose other than in

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connection with this litigation.

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MACGREGOR &
BERTHEL

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C.

PROCEDURE FOR DESIGNATION OF

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CONFIDENTIAL INFORMATION

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7.

Documents and things produced which contain Confidential

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Information may be designated as such by marking each page of the document or

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thing substantially as follows:

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“CONFIDENTIAL” or “CONFIDENTIAL

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PURSUANT TO PROTECTIVE ORDER”

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In lieu of marking the original of documents, the party may mark the copies that

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are produced or exchanged. If documents are produced for inspection pursuant to the

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Protective Order, marking of the documents as Confidential Information may be

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delayed until after the selection of the documents for copying by the receiving party,

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but before copying.

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8.

Information disclosed at the deposition of a party or one of its/her present

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or former officers, directors, employees, agents, or independent experts retained by

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a party for purposes of this litigation may be designated as Confidential Information

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by indicating on the record at the deposition that the testimony is Confidential

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Information and subject to the provisions of this Order.

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9.

The designating party shall have the right to have all persons, except the

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witness, and those persons identified hereinabove in paragraph 1, and court personnel

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excluded from the deposition room before the taking of testimony or any part thereof

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which the designating party designates as Confidential Information

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10.

Responses to particular interrogatories and requests for admission which

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Response Contains Confidential Information.” Each portion of the response to a

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particular interrogatory which contains Confidential Information shall be contained

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in brackets. The “Confidential Information” legend shall be placed on the first page

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of any set of responses which contain responses containing Confidential

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MACGREGOR &
BERTHEL

contain Confidential Information shall contain a statement to the effect that “This

Information.

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D.

PROCEDURE FOR DESIGNATION OF CONFIDENTIAL

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INFORMATION -- COUNSELS’ EYES ONLY

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11.

Documents and things produced which contain Confidential

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Information -- Counsels’ Eyes Only may be designated as such by marking each

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page of the document or things substantially as follows:
“CONFIDENTIAL -- COUNSELS’ EYES ONLY”

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In lieu of marking the original of documents, the party may make the copies that

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are produced or exchanged. If documents are produced for inspection pursuant to the

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Protective Order, marking of the documents as Confidential Information --

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Counsels’ Eyes Only may be delayed until after the selection of the documents for

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copying by the receiving party, but before copying.

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12.

Information disclosed at the deposition of a party or one of its/her present

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or former officers, directors, employees, agents, or independent experts retained by

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a party for purposes of this litigation may be designated as Confidential Information

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-- Counsels’ Eyes Only by indicating on the record at the deposition that the

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testimony is Confidential Information – Counsels’ Eyes Only and subject to the

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provisions of this Order.

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13.

The designating party shall have the right to have all persons, except the

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witness, and those persons identified hereinabove in paragraph 4, and court personnel

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excluded from the deposition room before the taking of testimony or any part thereof

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which the designating party designates as Confidential Information

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14.

Responses to particular interrogatories and requests for admission which

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to the effect that “This Response contains Confidential Information --

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Counsels’ Eyes Only.” Each portion of the response to a particular interrogatory

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which contains Confidential Information -- Counsels’ Eyes Only shall be

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contained in brackets. The “Confidential Information -- Counsels’ Eyes Only”

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MACGREGOR &
BERTHEL

contain Confidential Information -- Counsels’ Eyes Only shall contain a statement

legend shall be placed on the first page of any set of responses which contain

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responses containing Confidential Information -- Counsels’ Eyes Only.”

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E.

RETURN OF CONFIDENTIAL INFORMATION

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AT THE CONCLUSION OF ACTION

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15.

Within sixty (60) days after the conclusion of this litigation, any originals

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or reproductions of any documents referring to or containing Confidential

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Information and/or Confidential Information -- Counsels’ Eyes Only shall be

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returned to the producing party, except that work-product copies may be destroyed.

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Legal memoranda or briefs referring to Confidential Information and/or

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Confidential Information -- Counsels’ Eyes Only may be retained by counsel.

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Insofar as the provisions of any Protective Orders entered in this action restrict the

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communication and use of the documents produced hereunder, such Orders shall

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continue to be binding after the conclusion of this litigation, except (a) that there shall

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be no restriction on documents that are used as exhibits (unless the exhibits were filed

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under seal by permission of the Court); and (b) that a party may seek the written

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permission of the producing party or further Order of the Court with respect to

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dissolution or modification of this Protective Order.

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F.

EFFECT OF PROTECTIVE ORDER
16.

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The designation of any material in accordance with this Order as

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constituting or containing Confidential Information and/or Confidential

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Information -- Counsels’ Eyes Only is intended solely to facilitate the preparation

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and trial of this action, and treatment of such material by counsel of record for named

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parties in conformity with such designation will not be construed in any way as an

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admission or agreement by any party that the designated material constitutes or

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contains any confidential or proprietary information.

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G.

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OTHER PROVISIONS
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Nothing shall prevent disclosure beyond the terms of this Order if the

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BERTHEL

party designating the information as Confidential Information and/or Confidential
Information -- Counsels’ Eyes Only consents, in writing, to such disclosure, or

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if the Court, after notice to all parties, orders such disclosure.
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No party shall be responsible to another party for any use made of

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information produced and not designated as Confidential Information and/or

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Confidential Information -- Counsels’ Eyes Only.

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19.

A party shall not be obligated to challenge the propriety of a

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Confidential Information and/or Confidential Information -- Counsels’ Eyes Only

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designation at the time made, and a failure to do so shall not preclude a subsequent

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challenge thereto. In the event that any party to this litigation disagrees at any stage

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of these proceedings with the designation of any information as Confidential

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Information and/or Confidential Information -- Counsels’ Eyes Only, the parties

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shall try first to dispose of such dispute in good faith on an informal basis. If the

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dispute cannot be resolved, the party disputing the protected status may seek

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appropriate relief from the Court, and the party asserting confidentiality shall have the

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burden of proof.

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20.

No party shall file any document, discovery, testimony, exhibits or other

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material with the Court, including, inter alia, transcripts of depositions, exhibits,

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briefs and memoranda, which comprise or contain Confidential Information and/or

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Confidential Information -- Counsels’ Eyes Only, unless that party follows the

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following procedure: The subject document shall be filed and kept by the Court in

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sealed envelopes or other appropriately sealed containers on which shall be endorsed

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the title of this action, an indication of the nature of the contents of such sealed

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envelopes or other containers, the identity of the party filing the materials, the legend

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“CONFIDENTIAL -- PURSUANT TO PROTECTIVE ORDER” and/or

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“CONFIDENTIAL -- COUNSELS’ EYES ONLY” and a statement substantially

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in the following form:

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subject to the Protective Order entered in this action. It is

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MACGREGOR &
BERTHEL

This envelope [container] contains documents [objects]
not to be opened nor the contents thereof displayed,

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revealed or made public, except by Order of the United

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States District Court. Nothing herein shall prevent Court

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personnel access to the files to perform their duties.
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The Clerk of the Court is directed to maintain under seal all documents

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and transcripts of deposition testimony filed in this litigation which have been

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designated, in whole or in part, as Confidential Information and/or Confidential

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Information -- Counsels’ Eyes Only by a party to this action.
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This Order shall be without prejudice to the right of any person to object

to the production of any discovery material on the basis that such material is protected
as a privileged communication or work product.
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This Order shall be without prejudice to the right of any person to apply

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to the Court for such further Protective Orders under the provision of the Federal

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Rules of Civil Procedure as justice may require.

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IT IS HEREBY SO ORDERED.

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3/19/2015
DATED: ________________

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The Honorable Andrew J. Wistrich
United States Magistrate Judge

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Presented By:
MACGREGOR & BERTHEL

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By

Joshua N. Willis
Attorneys for Defendant,
Allstate Insurance Company

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MACGREGOR &
BERTHEL

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