Bob Campbell Ranches, Inc. v. United States Fire Insurance Company et al

Filing 20

STIPULATION AND PROTECTIVE ORDER 19 by Judge Manuel L. Real. (lom) Modified on 3/29/2016 (lom).

1 John C. Holmes, (Cal. State Bar No. 120578)
[e-mail]
2 Sean A. Topp, (Cal. State Bar No. 217701)
[e-mail]
3 STECKBAUER WEINHART, LLP
333 S. Hope Street, 36th Floor
4 Los Angeles, California 90071
213.229.2868 - Telephone
5 213.229.2870 - Facsimile
6 Attorneys for Defendant UNITED
STATES FIRE INSURANCE
7 COMPANY
8
9

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10
11

BOB CAMPBELL RANCHES, INC., a
12 California Corporation,
Plaintiff,

13
14

v.

Case No. 2:15-cv-9118-R-GJS
STIPULATION AND PROTECTIVE
ORDER
[Assigned to The Hon. Manuel L. Real]

15 UNITED STATES FIRE INSURANCE
COMPANY, a Delaware Corporation;
16 CRUM AND FORSTER, a New Jersey
Corporation; and DOES 1 through 50,
17 inclusive,
Defendants.

18

Complaint filed: September 30, 2015
Case Removed: November 24, 2015

19
20

In order to protect the privacy of personal information of the Plaintiff and its

21 employees, including without limitation the confidential personal health and medical
22 information of the employees whose worker’s compensation claims underlie this
23 action, and the trade secrets, proprietary, financial and other confidential
24 information of the Defendant, expedite the flow of discovery material, facilitate the
25 prompt resolution of discovery disputes and disputes concerning confidentiality, and
26 adequately protect material entitled to be designated and kept confidential, while
27 ensuring that such protection is applied only when appropriate, Plaintiff and
28 Defendant hereby enter into this Stipulation and Protective Order (the “Protective
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STIPULATION AND PROTECTIVE ORDER

1 Order”) with respect to documents and information produced and to be produced in
2 the above entitled matter:
3

Plaintiff Bob Campbell Ranches, Inc., a California Corporation (“Plaintiff”)

4 and Defendant United States Fire Insurance Company (“Defendant”) (Plaintiff and
5 Defendant are referred to collectively as the “Parties” and disjunctively as “Party”)
6 hereby stipulate that documents to be produced and information disclosed by the
7 parties or any third parties pursuant to any discovery request, subpoena or
8 deposition notice which responding party deems to be either confidential,
9 proprietary, trade secrets, or subject to the privacy rights of third parties

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 (“Confidential Information”), shall be protected according to the following terms
11 and conditions:
12
13

1.

The Parties shall determine in good faith whether any document

14 produced in this action, discovery response (including any interrogatory responses
15 and responses to request for admission) or deposition testimony, or any part thereof,
16 contains Confidential Information, and will mark or stamp any such document or
17 discovery response with the designation, stamp or legend “Subject to Protective
18 Order” or “Confidential” or “Confidential-Attorney’s-Eyes-Only” or, in the case of
19 deposition testimony, indicate on the record that such testimony contains
20 Confidential Information subject to Protective Order and direct the court reporter to
21 mark or stamp the cover of such transcript with the appropriate designation, stamp
22 or legend indicating that it is subject to this Protective Order. Interrogatory answers,
23 responses to requests for admission, deposition transcripts and exhibits, pleadings,
24 motions, declarations, affidavits, and briefs that quote, summarize, or contain
25 materials entitled to protection may be accorded status as Confidential Information,
26 but, to the extent feasible, shall be prepared in a manner such that the Confidential
27 Information is bound separately from information that is not entitled to protection as
28 Confidential Information. For purposes of this order, the term Confidential
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STIPULATION AND PROTECTIVE ORDER

1 Information as used herein shall include information designated as “Confidential” or
2 “Subject to Protective Order” as well as information designated as “Confidential3 Attorney’s-Eyes-Only” and is intended only to protect all documents, materials,
4 responses, items, data or information lawfully entitled to confidential treatment
5 under California law, as well as other state and federal laws, including but not
6 limited to: (a) information subject to any Constitutional, statutory or other right of
7 privacy, (b) “medical information” (as defined in Paragraph 4 below), (c)
8 information described or covered by article I, section I of the California
9 Constitution, (d) information described in California Labor Code §3762, (e)

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 proprietary information, (f) trade secrets (as defined in California Civil Code
11 §3426.l(d)), (g) information within the meaning of California Civil Code §1798 et.
12 seq. (the Information Practices Act of 1977), (h) information within the meaning of
13 the Health Insurance Portability and Accountability Act otherwise known as
14 HIPAA, and (i) information within the meaning of Subtitle A of the Graham-Leach15 Bliley Act of 1999 (15 U.S.C. §§ 6801, et seq.).
16
17

2.

Any document, data, information, discovery response or deposition

18 transcript, or any part thereof, designated as containing Confidential Information
19 shall not be used by any other party hereto for any business or commercial purpose
20 or in any other administrative or judicial proceeding, and the use of said document
21 data or information shall be limited to the preparation and trial of the above-entitled
22 action, including discovery, and any and all appeals and/or retrials.
23
24

3.

Except as provided by paragraph 4 below, all documents, discovery

25 responses, deposition transcripts or other material designated as containing
26 Confidential Information may be disclosed only to:
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(a)
10201.001/111040.1

Counsel for the Parties, as evidenced by their appearance in this
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STIPULATION AND PROTECTIVE ORDER

1 lawsuit, as well as law clerks, legal assistants, secretaries, paralegals, and other
2 persons who are employees of counsel’s firm and who are responsible for providing
3 litigation-related services in this matter;
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5

(b)

Experts and consultants who are not employed by any Party and are

6 formally retained by counsel to consult with, advise or assist counsel in the
7 preparation or trial of this case;
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(c)

Officers, directors and employees of the Parties hereto who are directly

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 involved in this case or who are responsible for assisting counsel in the preparation
11 or trial of this case;
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(d)

Witnesses to whom disclosure is reasonably necessary to prepare for or

14 give testimony at a deposition or at trial;
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16

(e)

Court personnel, including the judge, court reporters and clerks

17 engaged in proceedings necessary to the preparation for trial or the actual trial of
18 this matter; and
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(f)

Employees of copying or other services engaged to reproduce, scan or

21 store Confidential Information in this case.
22
23

4.

Disclosure of “medical information” and medical records shall be

24 further protected as Confidential Information according to this paragraph. It is the
25 Parties’ and the Court’s intention by this Order to protect the privacy rights of third
26 parties to the full extent of any right of privacy, including the right of privacy under
27 article I, section I of the California Constitution, and California Labor Code §3762,
28 and any other applicable state or federal law. Medical information is subject to the
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STIPULATION AND PROTECTIVE ORDER

1 Constitutional right of privacy and is further protected from disclosure by Labor
2 Code Section 3762, HIPAA, and/or other state or federal laws.
3
4

The term “medical information” shall be construed as that term is used in

5 California Civil Code §56.05, as follows: “Medical information’ means any
6 individually identifiable information, in electronic or physical form, in possession of
7 or derived from a provider of health care or health care service plan regarding a
8 patient’s medical history, mental or physical condition, or treatment. ‘Individually
9 identifiable’ means that the medical information includes or contains any element of

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 personal identifying information sufficient to allow identification of the individual,
11 such as the patient’s name, address, electronic mail address, telephone number, or
12 social security number, or other information that, alone or in combination with other
13 publicly available information, reveals the individual’s identity.” California Civil
14 Code §56.05(f). With respect to “medical information,” the Disclosing Party will
15 produce such information pursuant to the terms and requirements of this Protective
16 Order:
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(a)

Within fifteen (15) calendar days after responding to any Requests for

19 Production of Documents under Federal Rules of Civil Procedure, Rule 34 or any
20 other authority for compelling production of documents, testimony or things,
21 counsel for the Disclosing Party must send to each claimant/employee whose
22 medical information is sought, at the employee’s present or last known address in
23 the Disclosing Party’s file, and to the last known address in the Disclosing Party’s
24 file for such claimant/employee’s attorney of record in any workers’ compensation
25 claim, if any, written notification in the form of the Notice attached hereto as
26 Exhibit B (“Notice”). No other information may be included with the Notice.
27 Plaintiff must cooperate in good faith to the extent needed to facilitate mailing of the
28 Notice. The Disclosing Party shall file a proof of service with the court attesting to
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STIPULATION AND PROTECTIVE ORDER

1 the mailing of the Notice to such claimant/employees and their counsel within five
2 (5) calendar days of mailing. Such proof of service of mailing to the last known
3 address for the claimant/employee or to his/her counsel of record (if applicable)
4 shall be deemed fair and adequate notice.
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(b)

The claimant/employee whose medical information is sought shall have

7 15 days to object to production of his/her medical information in this case. If no
8 objection is made, the Disclosing Party shall produce the entire medical information,
9 subject to sub-section 4(c), (d), (e), below. If the claimant/employee wishes to

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 object, he/she must notify counsel for the Disclosing Party and file an objection with
11 the court. The court shall then rule upon the objection. If the court sustains the
12 objection, the Disclosing Party will be required to redact the medical information to
13 disclose only that information required to be produced pursuant to California Labor
14 Code §3762.
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(c)

Any medical information produced in this case, will be designated

17 “Confidential-Attorney’s-Eyes-Only.” Documents designated Confidential18 Attorney’s-Eyes-Only shall not be disclosed to any representative or employee of
19 Plaintiff, including but not limited to its managers, agents, brokers or employees.
20 All documents, discovery responses, deposition transcripts or other materials
21 designated Confidential-Attorney’s-Eyes-Only also shall not be disclosed to any
22 representative or employee of Plaintiff, including but not limited to its managers,
23 agents, brokers or employees, but may be disclosed only to those persons described
24 in paragraph 3(a), (b), (e), and (f). Upon a showing of good cause, Plaintiff may
25 seek a stipulation from the Disclosing Party, or court intervention, for the disclosure
26 of documents, discovery responses, deposition transcripts or other materials
27 designated Confidential-Attorney’s-Eyes-Only to any representative or employee of
28 Plaintiff, including but not limited to its managers, agents, brokers or employees.
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STIPULATION AND PROTECTIVE ORDER

1

(d)

If the parties stipulate to the disclosure of information or documents

2 designated Confidential-Attorney’s-Eyes-Only to any representative or employee of
3 Plaintiff, including but not limited to its managers, agents, brokers or employees,
4 Plaintiff shall not disclose such information to any representative or employee of
5 Plaintiff until after 15 days of sending notice to each claimant/employee whose
6 medical information disclosure is sought, at the employee’s present or last known
7 address, and to the last known address in the Disclosing Party’s file for such
8 claimant/employee’s attorney of record in any workers’ compensation claim, if any,
9 written notification in the form of the Notice attached hereto as Exhibit D

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 (“Notice”). The claimant/employee whose medical information disclosure is sought
11 shall have 15 days to object to the disclosure of his/her medical information to any
12 representative or employee of Plaintiff.
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14

5.

With the exception of court personnel identified in paragraph 3(e), the

15 Parties shall take appropriate measures to ensure that all persons permitted access to
16 such documents under paragraphs 3 and 4 of this Protective Order shall be provided
17 with a copy of this Protective Order and shall agree, prior to reviewing such
18 documents, to be bound by the terms and conditions hereof with respect to the use of
19 such documents by signing the “Certification As To Compliance With Protective
20 Order” attached hereto as Exhibit “A.” An attorney who makes any documents or
21 information designated as containing Confidential Information available to persons
22 described in paragraph 3 subsections (b), (c), (d) or (f) above shall be responsible for
23 having each such person execute an original Exhibit A hereto prior to that person’s
24 receipt of such information.
25
26

6.

All documents designated as containing Confidential Information shall

27 be kept in a secure location and access to said location shall be permitted only to
28 those designated persons set forth in paragraphs 3 and 4 of this protective order as
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STIPULATION AND PROTECTIVE ORDER

1 properly having access thereto.
2
3

7.

If, at any time during the pendency of this action, counsel for any Party

4 wishes to challenge another Party’s designation of documents or discovery
5 responses as containing Confidential Information, and/or exclude certain
6 information or specific documents from the provisions of this Protective Order, the
7 Party may, within 30 days of the receipt of the information, advise the Disclosing
8 Party of such objections and the reasons therefore, and the Parties must meet and
9 confer on the issue. If the Parties cannot resolve the issue informally, the Party

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 challenging the designation may proceed by motion before this court. Further, in
11 the event documents are produced or discovery responses served which contain
12 Confidential Information but which inadvertently were not designated as being
13 subject to this Protective Order or not designated as Confidential-Attorney’s-Eyes14 Only, either Party may make a motion to designate such document as being
15 protected by this Protective Order or as being Confidential-Attorney’s-Eyes-Only,
16 after attempting to meet and confer with the other Parties regarding such
17 designation. All items in dispute shall be treated as Confidential Information
18 pending a resolution of the dispute.
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20

8.

If any document or information designated as Confidential or

21 Confidential-Attorney’s-Eyes-Only pursuant to this Protective Order, including
22 deposition testimony, is used or given during the course of a deposition herein, that
23 deposition transcript shall be sealed and stamped “Confidential” or “Confidential24 Attorney’s-Eyes-Only” and access thereto shall be limited pursuant to the other
25 terms of this Protective Order or, if feasible, only that portion of the deposition
26 transcript shall be prepared in such a manner that the Confidential Information is
27 bound separately from information that is not entitled to confidential protection, and
28 that portion of the deposition transcript so designated shall be sealed and stamped
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STIPULATION AND PROTECTIVE ORDER

1 “Confidential” or “Confidential-Attorney’s-Eyes-Only” and access thereto shall be
2 limited pursuant to the terms of this Protective Order.
3
4

9.

Notwithstanding the designation of any document as Confidential or

5 Confidential-Attorney’s-Eyes-Only pursuant to this Protective Order, counsel for
6 the Parties may make photocopies of documents subject to this Protective Order for
7 internal use and for use as part of filings with the court and during deposition
8 subject to the provisions concerning the filing of documents under seal.
9

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10

10.

This Protective Order is intended to facilitate the exchange of records

11 and information in discovery, and governs disclosures to third persons and those
12 persons described in Paragraphs 4 and 5 herein as well as disclosure of records for
13 discovery motions and discovery proceedings, but does not govern the procedure for
14 sealing records as set forth in Federal Rules of Civil Procedure, Rule 5.2, Central
15 District of California Local Rules 5.2-1, 5.2-2, 79-5, 79-6, and 79-7. Documents or
16 information therein designated Confidential or Confidential-Attorney’s-Eyes-Only
17 pursuant to this Protective Order shall be offered as evidence at trial only under
18 appropriate court order protecting its confidentiality unless the confidentiality of
19 such information has been removed by agreement of counsel or by this court in
20 accordance with the provisions of paragraph 7 of this Protective Order.
21
22

11.

Any Confidential Information, including, but not limited to, documents,

23 interrogatory answers, depositions and physical things designated as containing
24 Confidential Information, when filed with the pleadings, law and motion, or as
25 evidence, shall be accompanied by a motion for order sealing the record, pursuant to
26 Federal Rules of Civil Procedure, Rule 5.2, Central District of California Local
27 Rules 5.2-1, 5.2-2, 79-5, 79-6, and 79-7 and the materials containing Confidential
28 Information shall be lodged with the Court conditionally under seal. In the
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STIPULATION AND PROTECTIVE ORDER

1 alternative, the Party filing a document, interrogatory answer, deposition and/or
2 physical thing containing Confidential Information can file such items without
3 seeking an order to seal the record if that Party redacts all Confidential Information
4 from the item(s) in question.
5
6

12.

Nothing in this order shall prevent counsel for the Parties from

7 referencing in support of oral or written legal arguments, documents or deposition
8 testimony designated as Confidential pursuant to this Protective Order, provided that
9 such references do not contain quoted material from such Confidential materials,

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 and if such Confidential materials are submitted to the court, such submission is
11 made in accordance and compliance with the other provisions contained in this
12 Protective Order.
13
14

13.

The terms of this Protective Order shall apply to all manner and means

15 of discovery, including depositions and the inspection of books, records, documents
16 and physical objects.
17
18

14.

Within thirty (30) calendar days following the final termination of this

19 litigation (i.e., after final judgment is entered and all appeal periods have expired or
20 appeals been finally decided, or after dismissal is entered and the time to appeal
21 expires, or after final resolution of the case by settlement), and written notice to the
22 other Parties, the Parties and their counsel shall (i) either destroy or return to the
23 disclosing party all materials which have been designated as containing Confidential
24 Information, and (ii) shall destroy all copies, digests, or summaries which have been
25 made of, or prepared from such Confidential Information, and (iii) shall provide to
26 counsel for the disclosing party a certificate under oath attesting to such destruction
27 or return substantially similar to the “Certification of Destruction Or Return”
28 attached hereto as Exhibit “C”.
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STIPULATION AND PROTECTIVE ORDER

1

15.

Nothing in this Protective Order shall be construed to relieve any Party

2 from the obligation to timely respond to discovery requests, nor shall this Protective
3 Order be construed as a waiver of the right to assert any objection to a discovery
4 request. Nothing contained in this Protective Order requires a Party to produce any
5 document or information which is privileged, irrelevant, or not otherwise
6 discoverable. Neither shall the Protective Order be construed so as to prejudice the
7 right of any Party hereto to file and use a designated document in this court in
8 connection with motions, pretrial proceedings, settlement conferences, trial, or any
9 other hearing or proceeding in this matter. Where deemed appropriate, counsel can

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 further stipulate that a specific document designated hereunder to be filed with the
11 court can be held and maintained under seal.
12
13

16.

Nothing in this Protective Order shall be construed as an admission of

14 the relevance or admissibility of any of the material covered by this Protective
15 Order. By entering into this Protective Order, the Parties do not waive any right to
16 object on any ground to use in evidence of any of the material covered by this
17 Protective Order.
18
19

17.

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

20 documents or materials designated as containing Confidential Information to any
21 person or in any circumstances not authorized hereunder, such Party must
22 immediately (a) notify in writing the producing Party of the unauthorized disclosure,
23 (b) use its best efforts to retrieve all unauthorized copies of the documents or other
24 material containing Confidential Information, (c) inform the person or persons to
25 whom unauthorized disclosures were made of all terms of this Order, and (d) request
26 that such person immediately execute the Exhibit “A” Certification.
27
28

18.
10201.001/111040.1

If any person subject to this Protective Order who has custody of any
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STIPULATION AND PROTECTIVE ORDER

1 documents or information designated as containing Confidential Information (except
2 the Disclosing Party) receives a subpoena or other process demanding production of
3 such information, the recipient of the subpoena/process shall promptly give notice
4 and a copy of such subpoena/process to the designating Party. Upon receipt of
5 notice, the Disclosing Party may, in its sole discretion and at its own cost, move to
6 quash or limit the subpoena/process or otherwise oppose production of the
7 Confidential Information. The Party receiving the subpoena/process shall not
8 produce any documents or material designated as containing Confidential
9 Information until the designating Party has had a reasonable opportunity to

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 challenge the subpoena/process.
11
12

19.

If documents or information subject to a claim of the self-critical

13 analysis privilege, attorney-client privilege, the work product doctrine, the joint14 defense privilege/doctrine or other applicable privileges or doctrines, and/or any
15 other statutory or common law privilege or protection are/is inadvertently or
16 mistakenly produced, such production shall in no way prejudice or otherwise
17 constitute a waiver of, or estoppel as to, any claim of privilege for such information.
18 If the Disclosing Party has inadvertently or mistakenly produced information subject
19 to a claim of attorney-client privilege, the attorney work product doctrine or any
20 other privilege or doctrine, upon written request made by the Disclosing Party, the
21 information for which a claim of inadvertent production is made, including all
22 copies, shall be returned within seven (7) business days of such request unless the
23 Receiving Party intends to challenge the Disclosing Party’s assertion of privilege or
24 immunity. All copies of inadvertently or mistakenly produced documents or
25 information shall also be returned, as well as any document, material or information
26 reflecting the contents of the inadvertently produced information. If a Receiving
27 Party objects to the return of such information within the seven (7) business day
28 period described above, the Disclosing Party may move the Court for an order
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STIPULATION AND PROTECTIVE ORDER

1 compelling the return of such information. Pending the ruling, the Receiving Party
2 may retain the inadvertently or mistakenly produced documents in a sealed envelope
3 and shall not make any use of such information without a prior court order.
4
5

20.

This Protective Order shall survive the final termination of this action.

6 All disputes arising after the conclusion of this action concerning the treatment of
7 documents designated as containing Confidential Information, the Confidential
8 Information contained therein, and access to the executed Certifications and
9 Exhibits shall be heard by the Superior Court of California, County of Los Angeles.

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10
11 Dated: March 24, 2016

Respectfully submitted,
STECKBAUER WEINHART, LLP

12
13

By:
/s/ John C. Holmes
Attorneys for Defendant UNITED STATES
FIRE INSURANCE COMPANY

14
15
16
17 Dated: March 24, 2016

MONCRIEF & HART, PC

18
19

By:
/s/ Dennis Lewis
Attorneys for Plaintiff, BOB CAMPBELL
RANCHES, INC.

20
21

ORDER

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24
25

Having considered the foregoing stipulation and good cause appearing
therefore:
IT IS SO ORDERED.

26
27

DATED: MARCH 28, 2016

28

UNITED STATES DISTRICT JUDGE
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STIPULATION AND PROTECTIVE ORDER

LLP

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

STECKBAUER WEINHART,

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10201.001/111040.1

STIPULATION AND PROTECTIVE ORDER

14

1

EXHIBIT “A”

2

CERTIFICATION AS TO COMPLIANCE WITH PROTECTIVE ORDER

3
4

The person signing this Certification As To Compliance With Protective

5 Order stipulates and agrees that he/she has received and read the entire Protective
6 Order entered into by the parties in this matter, is bound by each and every term of
7 the Protective Order, and consents to personal and subject matter jurisdiction of the
8 United States District Court of California, Central District of California, for the
9 purpose of enforcing the Court’s Order in the event the person signing this
10 Stipulation re: Protective Order violates any of the terms of the Protected Order.
11
12 Dated:_______________

______________________________

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STIPULATION AND PROTECTIVE ORDER

EXHIBIT “B”

1
2
3 Name
4 Address
5 Address
6
7

Re:

Bob Campbell Ranches, Inc. v. United States Fire Insurance Company,

8 et al., United States District Court, Case No.: 2:15-cv-9118-R-GJS
9
10 Dear Mr./Ms.:
11

A lawsuit is currently pending between your employer/former employer Bob

12 Campbell Ranches, Inc. (“BCR”), and its workers’ compensation insurer. BCR
13 contends, among other things, that its insurer improperly handled certain workers’
14 compensation claims made by its employees, which allegedly resulted in BCR
15 paying higher workers’ compensation insurance premiums. As part of the lawsuit,
16 BCR’s attorney seeks to review the insurer’s claim file pertaining to your workers’
17 compensation claim, including all medical information in that file. Your medical
18 information will not be given to BCR and will only be provided to BCR’s attorneys
19 and experts, unless you receive further notice that the parties intend to disclose your
20 medical information to BCR. This review will not affect you or your claim, but is
21 part of a dispute between BCR and its insurers.
22
23

You have a right of privacy under California law, particularly regarding your

24 medical information. In the event of disclosure, only BCR’s outside counsel and
25 experts will have access to your medical information. Your employer or former
26 employer, BCR, may seek access to that information, however it must provide you
27 with Notice and fifteen (15) days to object. In any outcome, your medical
28 information will not be made public.
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STIPULATION AND PROTECTIVE ORDER

1
2

This notice is provided to you so that you may decide whether to assert your

3 privacy right by objecting to disclosure of the medical information contained in the
4 claim file relating to your claim to BCR’s outside counsel and experts, subject to
5 Court-Ordered protections. If you object to the disclosure of the medical
6 information contained in your claim file to BCR’s outside counsel and experts,
7 within fifteen (15) days of this Notice, you must file an objection with Courtroom 8
8 of the United States District Court of California, Central District, located at 312 N.
9 Spring St., #G-8, Los Angeles, CA 90012, and also notify the undersigned in writing

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10 of your objection, including the basis for your objection.
11
12

If you do not notify the Court and the undersigned of your objection and the

13 basis for your objection within fifteen (15) days of the date of this Notice, your
14 medical information will be produced without further notice to you and without
15 further Court Order, but still subject to the Court-Ordered privacy protections
16 described above. If you assert an objection and it is sustained by the Court, the
17 medical information for which disclosure is permitted under Labor Code §3762 will
18 still be produced.
19
20

If you have any questions about this Notice, you may wish to consult an

21 attorney.
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10201.001/111040.1

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STIPULATION AND PROTECTIVE ORDER

1

EXHIBIT “C”

2

CERTIFICATION OF DESTRUCTION OR RETURN

3
4

The person signing this Certification of Destruction Or Return stipulates and

5 agrees that he/she has destroyed or returned all documents and materials that he/she
6 has received designated as containing Confidential Information to the party from
7 whom he/she received such documents or materials or such party’s counsel of
8 record in the above entitled proceedings; has not retained any photocopies,
9 photographs or other duplicates of any documents or materials he/she received
10 designated as containing Confidential Information; has not further distributed any
11 documents or materials he/she received designated as containing Confidential
12 Information; and consents to personal and subject matter jurisdiction of the United
13 States District Court of California, Central District of California, for the purpose of
14 enforcing the Court’s Order in the event the person signing this Stipulation re:
15 Protective Order violates any of the terms of the Protected Order.
16
17 Dated:____________________

__________________________

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10201.001/111040.1

STIPULATION AND PROTECTIVE ORDER

EXHIBIT “D”

1
2
3 Name
4 Address
5 Address
6
7

Re:

Bob Campbell Ranches, Inc. v. United States Fire Insurance Company,

8 et al., United States District Court, Case No.: 2:15-cv-9118-R-GJS
9
10 Dear Mr./Ms.:
11
12

A lawsuit is currently pending between your employer/former employer Bob

13 Campbell Ranches, Inc. (“BCR”), and its workers’ compensation insurer. BCR
14 contends, among other things, that its insurer improperly handled certain workers’
15 compensation claims made by its employees, which allegedly resulted in BCR
16 paying higher workers’ compensation insurance premiums. As part of the lawsuit,
17 BCR’s attorney seeks to disclose your medical information contained within the
18 claim file pertaining to your workers’ compensation claim to a BCR representative
19 or employee.
20
21

You have a right of privacy under California law, particularly regarding your

22 medical information. This Notice is provided to you so that you may decide
23 whether to object to the disclosure of your medical information contained in the
24 claim file relating to your claim to a representative or employee of BCR.
25
26

If you object to the disclosure of the medical information contained in your

27 claim file to BCR’s representative or employee, within fifteen (15) days of this
28 Notice, you must file an objection with Courtroom 8 of the United States District
10201.001/111040.1

STIPULATION AND PROTECTIVE ORDER

1 Court, Central District of California, located at 312 N. Spring St., #G-8, Los
2 Angeles, CA 90012, and also notify the undersigned in writing of your objection,
3 including the basis for your objection.
4
5

If you do not notify the Court and the undersigned of your objection and the

6 basis for your objection within fifteen (15) days of the date of this Notice, your
7 medical information will be disclosed without further notice to you and without
8 further Court Order, but still subject to the Court-Ordered privacy protections.
9

LLP

STECKBAUER WEINHART,

333 S. HOPE STREET, 36TH FLOOR, LOS ANGELES, CALIFORNIA 90071
TEL [phone] • FAX [phone]

10

If you have any questions about this Notice, you may wish to consult an

11 attorney.
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10201.001/111040.1

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STIPULATION AND PROTECTIVE ORDER