Steven Crews v. American General Life Insurance Company

Filing 15

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver. The Court Orders that the terms of the parties Stipulated Confidentiality Agreement and Protective Order Regarding Non-Disclosure of Confidential Information shall govern the handling of such documents produced or disclosed by the parties in this case. 13 (SEE ORDER FOR FURTHER DETAILS) (gr)

1 Raymond J. Tittmann, No. 191298
[e-mail]
2 EDISON, McDOWELL & HETHERINGTON LLP
401 Wilshire Blvd, 12th Floor Penthouse,
3 Santa Monica CA 90401
Telephone: [phone]
4 Facsimile: 510.628.2146

07/26/16
G
R

5 Jodi K. Swick No. 228634
[e-mail]
6 Tyson A. Burns No 306660
[e-mail]
7 EDISON, McDOWELL & HETHERINGTON LLP
Mailing Address:
8 1 Kaiser Plaza, Suite 340
Oakland, CA 94612
9 Telephone: [phone]
Facsimile: 510.628.2146
10
Attorneys for Defendant
11 AMERICAN GENERAL LIFE INSURANCE COMPANY
12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT OF CALIFORNIA –WESTERN DIVISION

14
15 STEVEN CREWS,

Case No. 2:16-cv-02095-RGK-RAO

16

STIPULATED PROTECTIVE ORDER

Plaintiff,

17 v.
18 AMERICAN GENERAL LIFE
INSURANCE COMPANY,
19
Defendant.
20

Hon. R. Gary Klausner
Complaint Filed: March 28, 2016

21
22 1.

INTRODUCTION

23

1.1

24

Discovery in this action is likely to involve production of confidential, proprietary,

PURPOSES AND LIMITATIONS

25 or private information for which special protection from public disclosure and from use
26 for any purpose other than prosecuting this litigation may be warranted. Accordingly, the
27 parties hereby stipulate to and petition the Court to enter the following Stipulated
28 Protective Order. The parties acknowledge that this Order does not confer blanket
Case No. 2:16-cv-02095-RGK-RAO
1
STIPULATED PROTECTIVE ORDER

1 protections on all disclosures or responses to discovery and that the protection it affords
2 from public disclosure and use extends only to the limited information or items that are
3 entitled to confidential treatment under the applicable legal principles. The parties further
4 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order
5 does not entitle them to file confidential information under seal; Civil Local Rule 79-5
6 sets forth the procedures that must be followed and the standards that will be applied
7 when a party seeks permission from the court to file material under seal.
8

1.2

9

This case involves a dispute over life insurance policy no. 6074410 (the “Policy”)

GOOD CAUSE STATEMENT

10 insuring the life of Anita Crews (the “Insured”). Plaintiff Steven Crews (“Plaintiff”) was
11 designated as the primary beneficiary of the Policy. Plaintiff alleges American General
12 Life Insurance Company (“American General”) wrongfully denied his claim for the
13 Policy benefit following the death of the Insured, and brings claims for breach of contract
14 and insurance bad faith.
15

Due to the nature of the claims and defenses asserted, the Parties anticipate

16 discovery that may potentially violate the right to privacy of the Parties as well as
17 confidentiality agreements with third parties. Specifically, American General anticipates
18 seeking discovery regarding the personal records of Plaintiff. Plaintiff anticipates seeking
19 discovery regarding potentially confidential manuals, guidelines, and internal procedures
20 of American General that includes confidential and proprietary information of American
21 General, production of which may violate confidentiality agreements between American
22 General and third parties. Plaintiff and American General also anticipate seeking
23 potentially confidential, private and medical information of third parties, including the
24 Insured.
25

Thus, the parties respectfully request that the following Stipulated Protective Order

26 be entered in this matter.
27 2.

DEFINITIONS

28

2.1

Action: Case No. 2:16-cv-02095-RGK-RAO

Case No. 2:16-cv-02095-RGK-RAO
2
STIPULATED PROTECTIVE ORDER

1

2.2

Challenging Party: None.

2

2.3

“CONFIDENTIAL” Information or Items: information (regardless of how it

3 is generated, stored or maintained) or tangible things that qualify for protection under
4 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
5 Statement.
6

2.4

Counsel: Outside Counsel of Record and House Counsel (as well as their

7 support staff).
8

2.5

Designating Party: a Party or Non-Party that designates information or items

9 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
10

2.6

Disclosure or Discovery Material: all items or information, regardless of the

11 medium or manner in which it is generated, stored, or maintained (including, among other
12 things, testimony, transcripts, and tangible things), that are produced or generated in
13 disclosures or responses to discovery in this matter.
14

2.7

Expert: a person with specialized knowledge or experience in a matter

15 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
16 expert witness or as a consultant in this Action.
17

2.8

House Counsel: attorneys who are employees of a party to this Action. House

18 Counsel does not include Outside Counsel of Record or any other outside counsel.
19

2.9

Non-Party: any natural person, partnership, corporation, association, or other

20 legal entity not named as a Party to this action.
21

2.10 Outside Counsel of Record: attorneys who are not employees of a party to

22 this Action but are retained to represent or advise a party to this Action and have appeared
23 in this Action on behalf of that party or are affiliated with a law firm which has appeared
24 on behalf of that party, and includes support staff.
25

2.11 Party: any party to this Action, including all of its officers, directors,

26 employees, consultants, retained experts, and Outside Counsel of Record (and their
27 support staffs).
28

2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Case No. 2:16-cv-02095-RGK-RAO
3
STIPULATED PROTECTIVE ORDER

1 Material in this Action.
2

2.13 Professional Vendors: persons or entities that provide litigation support

3 services (e.g., photocopying, videotaping, translating, preparing exhibits or
4 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
5 their employees and subcontractors.
6

2.14 Protected Material: any Disclosure or Discovery Material that is designated

7 as “CONFIDENTIAL.”
8

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from

9 a Producing Party.
10 3.

SCOPE

11

The protections conferred by this Stipulation and Order cover not only Protected

12 Material (as defined above), but also (1) any information copied or extracted from
13 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
14 Material; and (3) any testimony, conversations, or presentations by Parties or their
15 Counsel that might reveal Protected Material.
16

Any use of Protected Material at trial shall be governed by the orders of the trial

17 judge. This Order does not govern the use of Protected Material at trial.
18 4.

DURATION

19

Even after final disposition of this litigation, the confidentiality obligations imposed

20 by this Order shall remain in effect until a Designating Party agrees otherwise in writing
21 or a court order otherwise directs. Final disposition shall be deemed to be the later of (1)
22 dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final
23 judgment herein after the completion and exhaustion of all appeals, rehearings, remands,
24 trials, or reviews of this Action, including the time limits for filing any motions or
25 applications for extension of time pursuant to applicable law.
26 5.

DESIGNATING PROTECTED MATERIAL

27

5.1

28

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

Exercise of Restraint and Care in Designating Material for Protection.

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STIPULATED PROTECTIVE ORDER

1 this Order must take care to limit any such designation to specific material that qualifies
2 under the appropriate standards. The Designating Party must designate for protection only
3 those parts of material, documents, items, or oral or written communications that qualify
4 so that other portions of the material, documents, items, or communications for which
5 protection is not warranted are not swept unjustifiably within the ambit of this Order.
6

Mass, indiscriminate, or routinized designations are prohibited. Designations that

7 are shown to be clearly unjustified or that have been made for an improper purpose (e.g.,
8 to unnecessarily encumber the case development process or to impose unnecessary
9 expenses and burdens on other parties) may expose the Designating Party to sanctions.
10

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

11 designated for protection do not qualify for protection, that Designating Party must
12 promptly notify all other Parties that it is withdrawing the inapplicable designation.
13

5.2

Manner and Timing of Designations. Except as otherwise provided in this

14 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
15 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
16 must be clearly so designated before the material is disclosed or produced.
17

Designation in conformity with this Order requires:

18

(a) for information in documentary form (e.g., paper or electronic documents, but

19 excluding transcripts of depositions or other pretrial or trial proceedings), that the
20 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
21 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
22 portion or portions of the material on a page qualifies for protection, the Producing Party
23 also must clearly identify the protected portion(s) (e.g., by making appropriate markings
24 in the margins).
25

A Party or Non-Party that makes original documents available for inspection need

26 not designate them for protection until after the inspecting Party has indicated which
27 documents it would like copied and produced. During the inspection and before the
28 designation, all of the material made available for inspection shall be deemed
Case No. 2:16-cv-02095-RGK-RAO
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STIPULATED PROTECTIVE ORDER

1 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
2 copied and produced, the Producing Party must determine which documents, or portions
3 thereof, qualify for protection under this Order. Then, before producing the specified
4 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
5 that contains Protected Material. If only a portion or portions of the material on a page
6 qualifies for protection, the Producing Party also must clearly identify the protected
7 portion(s) (e.g., by making appropriate markings in the margins).
8

(b) for testimony given in depositions that the Designating Party identify the

9 Disclosure or Discovery Material on the record, before the close of the deposition all
10 protected testimony.
11

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

12 other tangible items, that the Producing Party affix in a prominent place on the exterior of
13 the container or containers in which the information is stored the legend
14 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection,
15 the Producing Party, to the extent practicable, shall identify the protected portion(s).
16

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

17 to designate qualified information or items does not, standing alone, waive the
18 Designating Party’s right to secure protection under this Order for such material. Upon
19 timely correction of a designation, the Receiving Party must make reasonable efforts to
20 assure that the material is treated in accordance with the provisions of this Order.
21 6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

22

6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation

23 of confidentiality at any time that is consistent with the Court’s Scheduling Order.
24

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

25 process (and, if necessary, file a discovery motion) under Local Rule 37-1 et seq.
26

6.3

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

27 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to
28 harass or impose unnecessary expenses and burdens on other parties) may expose the
Case No. 2:16-cv-02095-RGK-RAO
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STIPULATED PROTECTIVE ORDER

1 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the
2 confidentiality designation, all parties shall continue to afford the material in question the
3 level of protection to which it is entitled under the Producing Party’s designation until the
4 Court rules on the challenge.
5 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

6

7.1

Basic Principles. A Receiving Party may use Protected Material that is

7 disclosed or produced by another Party or by a Non-Party in connection with this Action
8 only for prosecuting, defending, or attempting to settle this Action. Such Protected
9 Material may be disclosed only to the categories of persons and under the conditions
10 described in this Order. When the Action has been terminated, a Receiving Party must
11 comply with the provisions of section 13 below (FINAL DISPOSITION).
12

Protected Material must be stored and maintained by a Receiving Party at a location

13 and in a secure manner that ensures that access is limited to the persons authorized under
14 this Order.
15

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

16 ordered by the court or permitted in writing by the Designating Party, a Receiving Party
17 may disclose any information or item designated “CONFIDENTIAL” only to:
18

(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as

19 employees of said Outside Counsel of Record to whom it is reasonably necessary to
20 disclose the information for this Action;
21

(b) the officers, directors, and employees (including House Counsel) of the

22 Receiving Party to whom disclosure is reasonably necessary for this Action;
23

(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

24 reasonably necessary for this Action and who have signed the “Agreement to Protect
25 Confidential Information” (Exhibit A);
26

(d) the Court and its personnel;

27

(e) court reporters and their staff;

28

(f) professional jury or trial consultants, mock jurors, and Professional Vendors to
Case No. 2:16-cv-02095-RGK-RAO
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STIPULATED PROTECTIVE ORDER

1 whom disclosure is reasonably necessary for this Action and who have signed the
2 “Agreement to Protect Confidential Information” (Exhibit A);
3

(g) the author or recipient of a document containing the information or a custodian

4 or other person who otherwise possessed or knew the information;
5

(h) during their depositions, witnesses, and attorneys for witnesses, in the Action to

6 whom disclosure is reasonably necessary provided: (1) the deposing party requests that
7 the witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted
8 to keep any confidential information unless they sign the “Agreement to Protect
9 Confidential Information” (Exhibit A), unless otherwise agreed by the Designating Party
10 or ordered by the court. Pages of transcribed deposition testimony or exhibits to
11 depositions that reveal Protected Material may be separately bound by the court reporter
12 and may not be disclosed to anyone except as permitted under this Stipulated Protective
13 Order; and
14

(i) any mediator or settlement officer, and their supporting personnel, mutually

15 agreed upon by any of the parties engaged in settlement discussions.
16 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

17 OTHER LITIGATION
18

If a Party is served with a subpoena or a court order issued in other litigation that

19 compels disclosure of any information or items designated in this Action as
20 “CONFIDENTIAL,” that Party must:
21

(a) promptly notify in writing the Designating Party. Such notification shall include

22 a copy of the subpoena or court order;
23

(b) promptly notify in writing the party who caused the subpoena or order to issue

24 in the other litigation that some or all of the material covered by the subpoena or order is
25 subject to this Protective Order. Such notification shall include a copy of this Stipulated
26 Protective Order; and
27

(c) cooperate with respect to all reasonable procedures sought to be pursued by the

28 Designating Party whose Protected Material may be affected.
Case No. 2:16-cv-02095-RGK-RAO
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STIPULATED PROTECTIVE ORDER

1

If the Designating Party timely seeks a protective order, the Party served with the

2 subpoena or court order shall not produce any information designated in this action as
3 “CONFIDENTIAL” before a determination by the court from which the subpoena or
4 order issued, unless the Party has obtained the Designating Party’s permission. The
5 Designating Party shall bear the burden and expense of seeking protection in that court of
6 its confidential material and nothing in these provisions should be construed as
7 authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive
8 from another court.
9 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

10 PRODUCED IN THIS LITIGATION
11

(a) The terms of this Order are applicable to information produced by a Non-Party

12 in this Action and designated as “CONFIDENTIAL.” Such information produced by Non13 Parties in connection with this litigation is protected by the remedies and relief provided
14 by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party
15 from seeking additional protections.
16

(b) In the event that a Party is required, by a valid discovery request, to produce a

17 Non-Party’s confidential information in its possession, and the Party is subject to an
18 agreement with the Non-Party not to produce the Non-Party’s confidential information,
19 then the Party shall:
20

(1) promptly notify in writing the Requesting Party and the Non-Party that some or

21 all of the information requested is subject to a confidentiality agreement with a Non-Party;
22

(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order

23 in this Action, the relevant discovery request(s), and a reasonably specific description of
24 the information requested; and
25

(3) make the information requested available for inspection by the Non-Party, if

26 requested.
27

(c) If the Non-Party fails to seek a protective order from this court within 14 days of

28 receiving the notice and accompanying information, the Receiving Party may produce the
Case No. 2:16-cv-02095-RGK-RAO
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STIPULATED PROTECTIVE ORDER

1 Non-Party’s confidential information responsive to the discovery request. If the Non-Party
2 timely seeks a protective order, the Receiving Party shall not produce any information in
3 its possession or control that is subject to the confidentiality agreement with the Non4 Party before a determination by the court.
5

Absent a court order to the contrary, the Non-Party shall bear the burden and

6 expense of seeking protection in this court of its Protected Material.
7 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

8

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

9 Protected Material to any person or in any circumstance not authorized under this
10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
11 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
12 unauthorized copies of the Protected Material, (c) inform the person or persons to whom
13 unauthorized disclosures were made of all the terms of this Order, and (d) request such
14 person or persons to execute the “Agreement to Protect Confidential Information” that is
15 attached hereto as Exhibit A.
16 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

17 PROTECTED MATERIAL
18

When a Producing Party gives notice to Receiving Parties that certain inadvertently

19 produced material is subject to a claim of privilege or other protection, the obligations of
20 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
21 This provision is not intended to modify whatever procedure may be established in an e22 discovery order that provides for production without prior privilege review. Pursuant to
23 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the
24 effect of disclosure of a communication or information covered by the attorney-client
25 privilege or work product protection, the parties may incorporate their agreement in the
26 stipulated protective order submitted to the court.
27 12.

MISCELLANEOUS

28

12.1 Right to Further Relief. Nothing in this Order abridges the right of any
Case No. 2:16-cv-02095-RGK-RAO
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STIPULATED PROTECTIVE ORDER

1 person to seek its modification by the Court in the future.
2

12.2 Right to Assert Other Objections. By stipulating to the entry of this

3 Protective Order no Party waives any right it otherwise would have to object to disclosing
4 or producing any information or item on any ground not addressed in this Stipulated
5 Protective Order. Similarly, no Party waives any right to object on any ground to use in
6 evidence of any of the material covered by this Protective Order.
7

12.3 Filing Protected Material. A Party that seeks to file under seal any Protected

8 Material must comply with Civil Local Rule 79-5. Protected Material may only be filed
9 under seal pursuant to a court order authorizing the sealing of the specific Protected
10 Material at issue. If a Party's request to file Protected Material under seal is denied by the
11 court, then the Receiving Party may file the information in the public record unless
12 otherwise instructed by the court.
13 13.

FINAL DISPOSITION

14

After the final disposition of this Action, as defined in paragraph 4, within 60 days

15 of a written request by the Designating Party, each Receiving Party must return all
16 Protected Material to the Producing Party or destroy such material. As used in this
17 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
18 summaries, and any other format reproducing or capturing any of the Protected Material.
19 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
20 a written certification to the Producing Party (and, if not the same person or entity, to the
21 Designating Party) by the 60 day deadline that (1) identifies (by category, where
22 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that
23 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any
24 other format reproducing or capturing any of the Protected Material. Notwithstanding this
25 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers,
26 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition
27 and trial exhibits, expert reports, attorney work product, and consultant and expert work
28 product, even if such materials contain Protected Material. Any such archival copies that
Case No. 2:16-cv-02095-RGK-RAO
11
STIPULATED PROTECTIVE ORDER

1 contain or constitute Protected Material remain subject to this Protective Order as set forth
2 in Section 4 (DURATION).
3

14.

Any willful violation of this Order may be punished by civil or criminal

4 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
5 authorities, or other appropriate action at the discretion of the Court.
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
8 Dated: July 26, 2016

EDISON, McDOWELL & HETHERINGTON LLP

9
10

By:

11
12
13

/s/ Jodi K. Swick
Raymond J. Tittmann
Jodi K. Swick
Tyson A. Burns

Attorneys for Defendant
AMERICAN GENERAL LIFE INSURANCE
COMPANY

14
15
16
17 Dated: July 26, 2016

KANTOR & KANTOR, LLP

18
By:

19
20
21

/s/ Glenn R. Kantor (w/ permission)
Glenn R. Kantor
Brent D. Brehm

Attorneys for Plaintiff
STEVEN CREWS

22
23

24 PURSUANT TO STIPULATION, IT IS SO ORDERED.
25
26 DATED: July 26, 2016
27

________________________________
Hon. Rozella A. Oliver
United States Magistrate Judge

28
Case No. 2:16-cv-02095-RGK-RAO
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STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2
3

UNITED STATES DISTRICT COURT

4

CENTRAL DISTRICT OF CALIFORNIA –WESTERN DIVISION

5
6
7
8
9

STEVEN CREWS,

Case No. 2:16-cv-02095-RGK-RAO

Plaintiff,

AGREEMENT TO PROTECT
CONFIDENTIAL INFORMATION

v.
AMERICAN GENERAL LIFE
INSURANCE COMPANY,

10

Hon. R. Gary Klausner
Complaint Filed: March 28, 2016

Defendant.

11
12

I,

13

1.
I have received a copy of the Stipulated Protective Order Governing the
Production and Exchange of Confidential Information (the “Protective Order”) entered
in the above-entitled action.

14
15
16
17
18
19
20
21
22
23
24
25

, state that:

2.

I have carefully read and understand the provisions of the Protective Order.

3.
I will comply with and agree to be bound by all of the provisions of the
Protective Order.
4.
I will hold in confidence, will not disclose to anyone not qualified under the
Protective Order, and will use only for purposes of this action, any Confidential
Information that is disclosed to me.
5.
I will return all Confidential Information that comes into my possession, and
documents or things that I have prepared relating thereto, to counsel for the party by
whom I am employed or retained, or to counsel from whom I received the Confidential
Information.
6.
I hereby submit to the jurisdiction of this court for the purpose of
enforcement of the Protective Order in this action.

26
27
28

Executed on:
(Date)

(Signature)

Case No. 2:16-cv-02095-RGK-RAO
-1AGREEMENT TO PROTECT CONFIDENTIAL INFORMATION