DCD Partners, LLC et al v. Transamerica Life Insurance Company et al

Filing 196

PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich: GRANTED 194 . (See attached document for further details.) (jsan)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DCD PARTNERS, LLC, et al.,
Plaintiffs,

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v.

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Case No. 2:15-cv-03238-CAS-(AJWx)
PROTECTIVE ORDER
REGARDING DISCLOSURE OF
PRIVILEGED INFORMATION

TRANSAMERICA LIFE
INSURANCE COMPANY, a
corporation, et al.,

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Defendants.

Pretrial Conference: August 14, 2017
Trial: August 29, 2017
Complaint Filed: March 18, 2015

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[PROPOSED] PROTECTIVE ORDER REGARDING DISCLOSURE OF PRIVILEGED INFORMATION
sd-698486

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By Order dated February 17, 2017, the Court ordered the Parties to engage in

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certain discovery related to the Defendant’s litigation hold in this action (see Dkt.

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Nos. 181, 192) (the “Litigation Hold Discovery”). The Litigation Hold Discovery

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to date has included requests for production, interrogatories and a deposition notice

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directed to Defendant Transamerica Life Insurance Company (“Transamerica”).

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Some of the Litigation Hold Discovery may include information, testimony and/or

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documents that are subject to Transamerica’s attorney-client privilege and/or other

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privileges and/or the work product doctrine held by Transamerica and/or its outside

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counsel,

including

Morrison

&

Foerster,

LLP

(collectively

“Privileged

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Information”). Accordingly, the parties have entered into a stipulation regarding

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protections associated with the disclosure of Privileged Information in connection

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with the Litigation Hold Discovery.

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Finding good cause exists, the Court ORDERS the following:

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1. No disclosure of any Privileged Information by Transamerica or its outside

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counsel, including Morrison & Foerster, LLP, in connection with or response to any

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Litigation Hold Discovery in this action shall constitute, be deemed or be argued to

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be a waiver of the attorney-client or any other privileges, and/or the work product

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doctrine, beyond what Transamerica intentionally discloses in the Litigation Hold

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Discovery; and

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2.

No disclosure of any Privileged Information or any other internal

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information, testimony or documents by Morrison & Foerster, LLP in connection

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with or response to any Litigation Hold Discovery shall constitute, be deemed or be

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argued to be a waiver of any Transamerica attorney client or other privileges,

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and/or the work product doctrine, or of any privileges and/or the work product

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doctrine held by Morrison & Foerster, LLP or its attorneys, beyond what Morrison

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& Foerster, LLP intentionally discloses in the Litigation Hold Discovery; and

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//

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[PROPOSED] PROTECTIVE ORDER REGARDING DISCLOSURE OF PRIVILEGED INFORMATION
sd-698486

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3. This Order shall apply to all Litigation Hold Discovery in this action,

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including but not limited to such discovery that has already been served or noticed,

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and including but not limited to discovery directed to Transamerica and to Morrison

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& Foerster, LLP; and

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4.

Nothing in this Order precludes or limits Plaintiffs from otherwise

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challenging any designation by Transamerica of any information, testimony or

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documents as attorney client privileged or otherwise Confidential; and

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5. Nothing in this Order precludes any Party from objecting to the relevance
or admissibility of any Confidential Information at any hearing, trial or otherwise.

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IT IS SO ORDERED.

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Dated:_________
April 25, 2017
__________________________________
Magistrate Judge Andrew J. Wistrich

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[PROPOSED] PROTECTIVE ORDER REGARDING DISCLOSURE OF PRIVILEGED INFORMATION
sd-698486