Benchmark Insurance Company v. Dismon Corp.

Filing 73

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 70 : (see attached) (jm)

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Susan F. Halman, State Bar No. 111511
E-mail: [e-mail]
Nancy J. Strout, State Bar No. 121096
E-mail: [e-mail]
SELVIN WRAITH HALMAN LLP
505 14th Street, Suite 1200
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
BENCHMARK INSURANCE COMPANY

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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CASE NO. 2:15-cv-01539-TJH (FFMx)

12 BENCHMARK INSURANCE
COMPANY, a Kansas corporation,
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For All Purposes Assigned To: Judge Terry J. Hatter,
Jr., Courtroom 17 (Spring St. Level)
Discovery Matters Only Assigned To: Magistrate
Judge Frederick F. Mumm, Courtroom E – 9th Floor

Plaintiff,

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v.

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PROTECTIVE ORDER

DISMON CORP., a California
corporation; JAAFAR RAMIN
18 JAAFARIAN, an individual; MASOUD
H. TEHRANI, an individual; FATEMEH
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A. TEHRANI, an individual; and TARA
20 TEHRANI, an individual,
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Complaint Filed: March 3, 2015
FAC Filed: May 8, 2015

Defendants.

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Having considered the parties’ Joint Stipulation for Protective Order, and good

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cause appearing,
IT IS ORDERED that the following protective order under Federal Rule of Civil

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Procedure 26(c) shall govern proceedings in this matter:

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1.

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PURPOSES AND LIMITATIONS
This Protective Order prevents the disclosure of documents and other
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[PROPOSED] PROTECTIVE ORDER

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information subject to a joint attorney client privilege shared by Benchmark Insurance

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Company (“BIC”) on the one hand, and Dismon Corp. and Jaafar Ramin Jaafarian

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(collectively, “Dismon”) on the other hand (the “Protective Order”). The information

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sought to be protected was generated in connection with claims made against Dismon

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by Masoud Tehrani, Fatemeh Tehrani and/or Tara Tehrani, including but not limited to

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the action entitled Masoud H. Tehrani and Fatemeh A. Tehrani. v. Dismon Corp., et

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al., Los Angeles County Superior Court, Torrance Courthouse, Southwest Judicial

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District, Case No. YCO70534 (collectively, the “Tehrani Claim”). The Parties are

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joint holders of this privilege and neither can waive the privilege on behalf of the other

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party. The purpose of the Protective Order is to protect the disclosure of matters

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subject to this joint privilege to any third party.

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2.

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DEFINED WORDS AND PHRASES
The following words and phrases have special definitions as used in this

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Protective Order:

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2.1

Attorney-Client Privilege means “information transmitted between a

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client and his or her lawyer in the course of that relationship and in confidence by a

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means which, so far as the client is aware, discloses the information to no third persons

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other than those who are present to further the interest of the client in the consultation

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or those to whom disclosure is reasonably necessary for the transmission of the

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information or the accomplishment of the purpose for which the lawyer is consulted,

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and includes a legal opinion formed and the advice given by the lawyer in the course

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of that relationship.” Cal. Evid. Code § 952.

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2.2

Challenging Party means a Party or Non-Party that challenges the

designation of information or items under the Protective Order.

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2.3

Counsel means Outside Counsel and (as well as their support staff).

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2.4

Designating Party means a Party or Non-Party that designates

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information or items that it produces in disclosures or in responses to discovery as

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“Confidential”.
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2.5

Disclosure Or Discovery Material means all items or information,

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regardless of the medium or manner generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things) that are produced or

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generated in disclosures or responses to discovery in this matter.

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2.6

Joint Attorney Client Privilege means the Attorney Client Privilege as

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defined in 2.1, above, held jointly by BIC and Dismon over communications regarding

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the defense of Dismon to the Tehrani Claim.

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2.7

Non-Party and Non-Parties means any natural person, partnership,

corporation, association, or other legal entity not currently a Party to this action; parties

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in default in this action (Masoud Tehrani, Fatemeh Tehrani and Tara Tehrani) are

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considered Non-Parties.

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2.8

Outside Counsel means attorneys who are not employees of a Party but

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are retained to represent or advise a Party and have appeared in this action on behalf of

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that Party or are affiliated with a law firm which has appeared on behalf of that Party.

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2.9

Party and Parties means any party to this action, including all of its

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officers, directors, employees, and Outside Counsel (and their support staff), but

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excluding any party in default in this action.

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2.10 Producing Party means a Party or Non-Party that produces Disclosure
Or Discovery Material in this action.

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2.11 Professional Vendors means persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium) and

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their employees and subcontractors.

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2.12 Protected Material means any Disclosure Or Discovery Material that is

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designated as “JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND

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DISMON.”

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2.13 Receiving Party means a Party that receives Disclosure Or Discovery
Material from a Producing Party.
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3.

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SCOPE
3.1

The protections conferred by the Protective Order cover Protected

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Material and any information copied or extracted therefrom, as well as all copies,

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excerpts, summaries, or compilations thereof, plus testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material, and

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information and/or documents any Party acquires informally that may be considered

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“JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND DISMON.”

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4.

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DURATION
4.1

The confidentiality obligations imposed by the Protective Order shall

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remain in effect until a Designating Party agrees otherwise in writing or a court order

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or arbitrator’s order otherwise directs, even after final disposition of this action.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

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Each Party or Non-Party that designates information or items for protection

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under the Protective Order must take care to limit any such designation to specific

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material that qualifies under the appropriate standards. A Designating Party must take

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care to designate for protection only those parts of material, documents, items, or oral

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or written communications that qualify - so that other portions of the material,

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documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of the Protective Order. Designations that are

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shown to be clearly unjustified or that have been made for an improper purpose (e.g.,

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to unnecessarily encumber or retard the case development process, or to impose

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unnecessary expenses and burdens on other parties), may expose the Designating Party

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to sanctions.

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Exercise of Restraint and Care in Designating Material for Protection

If it comes to a Designating Party’s attention that information or items

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designated for protection do not qualify for protection at all, or do not qualify for the

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level of protection initially asserted, then the Designating Party must promptly notify

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all other Parties that it is withdrawing the mistaken designation.
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5.2

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Except as otherwise provided in the Protective Order, or as otherwise stipulated

Manner and Timing of Designations

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or ordered, Disclosure Or Discovery Material that qualifies for protection under the

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Protective Order must be clearly designated as such before the material is disclosed or

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produced.

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5.3

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(a) For information in documentary form (apart from transcripts of depositions

Form of Designation

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or other pretrial or trial proceedings), the Producing Party must affix the legend

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“JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND DISMON” to

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each page that contains protected material. If only a portion or portions of the material

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on a page qualifies for protection, the Producing Party also must clearly identify the

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protected portion(s) (e.g., by making appropriate markings in the margins).

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(b) For testimony given in deposition or in other pre-trial or trial proceedings,

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that the Party or Non-Party offering or sponsoring the testimony identify on the record,

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before the close of the deposition, hearing, or other proceeding, all protected

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testimony. When it is impractical to identify separately each portion of testimony that

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is entitled to protection, and when it appears that substantial portions of the testimony

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may qualify for protection, the Party or Non-Party that sponsors, offers, or gives the

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testimony may invoke on the record (before the deposition, hearing, or other

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proceeding is concluded) a right to have up to twenty (20) days to identify the specific

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portions of the testimony as to which protection is sought. Only those portions of the

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testimony that are appropriately designated for protection within the twenty (20) days

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shall be covered by the provisions of the Protective Order. Alternatively, a Party or

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Non-Party offering or sponsoring the testimony may specify, at the deposition or up to

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twenty (20) days afterwards if that period is properly invoked, that the entire transcript

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shall be treated as “JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND

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DISMON”.

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A Party shall give all other Parties notice if it reasonably expects a deposition,
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hearing, or other proceeding to include Protected Material so that there is no disclosure

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that violates the Protective Order. The use of a document as an exhibit at a deposition

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shall not in any way affect its designation as “JOINT ATTORNEY CLIENT

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PRIVILEGE BETWEEN BIC AND DISMON.”

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Transcripts containing Protected Material shall have an obvious legend on the

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title page that the transcript contains Protected Material, and the title page shall be

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followed by a list of all pages (including line numbers as appropriate) that have been

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designated as Protected Material. The Designating Party shall inform the court

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reporter of these requirements.

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(c) For information produced in some form other than documentary, and for any

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other tangible items, that the Producing Party affix in a prominent place on the exterior

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of the container or containers in which the information or item is stored the legend

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“JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND DISMON.” If

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only a portion or portions of the information or item warrant protection, the Producing

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Party, to the extent practicable, shall identify the protected portion(s).

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5.4

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If timely corrected, an inadvertent failure to designate qualified information or

Inadvertent Failures to Designate

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items as “JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND

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DISMON” does not, standing alone, waive the Designating Party’s right to secure

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protection under the Protective Order for such material. If material is appropriately

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designated as “JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND

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DISMON” after the material was initially produced, the Receiving Party, on timely

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notification of the designation, must make reasonable efforts to assure that the material

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is treated in accordance with the provisions of the Protective Order.

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6.

CHALLENGING PROTECTED MATERIAL DESIGNATIONS

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6.1

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Any Party or Non-Party may challenge a designation of material as Protected

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Timing of Challenges

Material at any time. Unless a prompt challenge to a Designating Party’s designation
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of material as Protected Material is necessary to avoid foreseeable, substantial

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unfairness, unnecessary economic burdens, or a significant disruption or delay of the

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litigation, a Party does not waive its right to challenge a designation by electing not to

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mount a challenge promptly after the original designation is disclosed.

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6.2

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The Challenging Party shall initiate the dispute resolution process by providing

Meet and Confer

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written notice of each designation it is challenging and describing the basis for each

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challenge. The parties shall attempt to resolve each challenge in good faith and must

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begin the process by conferring directly (in writing or voice-to-voice dialogue). In

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conferring, the Challenging Party must explain the basis for its belief that the

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confidentiality designation was not proper and must give the Designating Party an

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opportunity to review the designated material, to reconsider the circumstances, and, if

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no change in designation is offered, to explain the basis for the chosen designation. A

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Challenging Party may proceed to the next stage of the challenge process only if it has

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engaged in this meet and confer process first or establishes that the Designating Party

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is unwilling to participate in the meet and confer process in a timely manner.

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6.3

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A Challenging Party, after considering the justification offered by the

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Designating Party, may file and serve a motion consistent with the Protective Order

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that identifies the challenged material that was designated as Protected Material and

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that sets forth in detail the basis for the challenge. Each such motion must be

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accompanied by a competent declaration that affirms the movant has complied with

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the meet and confer requirements imposed by the preceding paragraph.

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Judicial Intervention

The burden of persuasion in any such challenge proceeding shall be on the

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Designating Party. Until the Court rules on the challenge, all parties shall continue to

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afford the Designated Material in question the level of protection to which it is entitled

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under the Producing Party’s designation.

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///
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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

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A Receiving Party may use Protected Material that is disclosed or produced by

Basic Principles

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another Party or by a Non-Party in connection with this case only for prosecuting,

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defending, or attempting to settle this action. Such Protected Material may be

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disclosed only to the categories of persons and under the conditions described in the

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Protective Order.

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Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under the Protective Order.

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7.2

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Unless otherwise ordered by the Court or permitted in writing by the

Disclosure of Protected Material

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Designating Party, a Receiving Party may disclose any information or item designated

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“JOINT ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND DISMON” only

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to the following persons or entities:

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(a)

the Receiving Party’s Outside Counsel of record in this action, as well as

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employees of said Outside Counsel to whom it is reasonably necessary to disclose the

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information for this litigation;

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(b)

the officers, directors, and employees of the Receiving Party to whom

disclosure is reasonably necessary for this litigation;

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(c)

the Judge, the Court, and its personnel;

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(d)

court reporters and their staff, professional jury or trial consultants, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation;
(e)

the author or recipient of the document or the original source of the

information.

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7.3

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Documents containing Protected Material shall not be filed with the Court

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The Filing of Protected Material with the Court

absent: (a) consent from the Designating Party; or (b) the issuance of a sealing order
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from the Court addressing such privileged and/or confidential information. If the

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Designating Party does not consent, the Party seeking to file documents containing

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Protected Material with the Court shall file a motion or an application for an order

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sealing the document, pursuant to this Court’s Civil Local Rule L.R. 79-5, including

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the procedures described in the Court’s Guide to electronically Filing Under-Seal

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Documents in Civil Cases, available on the Court’s website at www.cacd.uscourts.gov.

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8.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
8.1

If a Receiving Party learns that, by inadvertence or otherwise, it has

disclosed Protected Material to any person or in any circumstance not authorized under

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the Protective Order, the Receiving Party must immediately (a) notify in writing the

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Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all

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copies of the Protected Material, (c) inform the person or persons to whom

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unauthorized disclosures were made of all the terms of the Protective Order, and (d)

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request such person or persons to execute an acknowledgment and agreement to be

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bound by the Protective Order.

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9.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION.
If a Party is served with a subpoena or a court order issued in other litigation that

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compels disclosure of any information or items designated in this action as “JOINT

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ATTORNEY CLIENT PRIVILEGE BETWEEN BIC AND DISMON” that Party

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must:

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(a)

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;
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promptly notify in writing the party, who caused the subpoena or order, to

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issue in the other litigation that some or all of the material covered by the subpoena or

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order is subject to the Protective Order. Such notification shall include a copy of the

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Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be pursued
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by the Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order in such other litigation,

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the Party served with the subpoena or court order in that litigation shall not produce

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any information designated in this action as “JOINT ATTORNEY CLIENT

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PRIVILEGE BETWEEN BIC AND DISMON” before a determination by the court

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from which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission. The Designating Party shall bear the burden and

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expense of seeking protection in that court of its confidential material – and nothing in

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these provisions should be construed as authorizing or encouraging a Receiving Party

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in this action to disobey a lawful directive from another court.

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10.

MISCELLANEOUS

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10.1 Right to Further Relief

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Nothing in the Protective Order abridges the right of any person to seek its

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modification by the Court in the future.

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10.2 Right to Assert Other Objections

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By entering in to the Protective Order no Party waives any right it otherwise

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would have to object to disclosing or producing any information or item on any ground

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not addressed in the Protective Order. Similarly, no Party waives any right to object

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on any ground to use in evidence of any of the material covered by the Protective

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Order.

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Dated:

May 16, 2016

/S/ Frederick F. Mumm
Honorable Frederick F. Mumm
United States District Court

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197125.doc

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