Lilian Izralson v. New York Life Insurance Company

Filing 29

ORDER RE: JOINT STIPULATION OF CONFIDENTIALITY 25 by Magistrate Judge Alicia G. Rosenberg. NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

Case ~~:16-cv-06946-JAK-AGR Document 25 Filed 04/04/17 Page 1 of 4 Page ID #:547

MARTIN E. ROSEN(SBN 108998)
mrosen mail.hinshawlaw.com
BN 190108)
2
rho kins mail.hinshawlaw.com
N 205299)
3
~mne~wman ,m
inshawlaw.com P
4
633 West 5th Street, 47th Floor
5 Los Angeles, CA 90071-2043
Telephone: [phone]
6 Facsimile: 213-614-7399
1

COURTESY COPY

7 Attorneys for Defendant
New York Life Insurance Company
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9

UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LILIAN IZRALSON,

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Plaintiff,

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Case No. 2:16-cv-06946-JAK
(Honorable John A. Kronstadt)

vs.

14 NEW YORK LIFE INSURANCE
COMPANY,AND DOES 1 THROUGH
15 10,
16

JOINT STIPULATION OF
CONFIDENTIALITY

Complaint Filed: August 17, 2016

Defendants.

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HINSMAW 8 CULBERTSON
63J West 5th SVeet, 47th Floor
Los Mgeles, CA 90071-2043
21J-680-2800

JOINT STIPULATION OF CONFIDENTIALITY
Case No. 2:]
6-cv-06946-JAK-AGR
36267328v1 0990303

Case ~~:16-cv-06946-JAK-AGR Document 25 Filed 04/04/17 Page 2 of 4 Page ID #:548

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TO THE HONORABLE JOHN A. KRONSTADT AND HIS COURT

2 CLERK:
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Wf-~REAS, Defendant New York Life Insurance Company("New York

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Life" or "Defendant"), per the Court's Scheduling Order, is prepared to produce

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confidential and proprietary claim manual documents to Lilian Izralson ("Izralson")

7 (
"Izralson" and "Defendant" referred to herein as "the Parties") in the above8 ~ captioned action;
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NOW THEREFORE,IT IS HEREBY STIPULATED AND AGREED as

10 f
ollows:
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1.

The confidential and/or proprietary claims manual documents and other

12 confidential documents, or any portion thereof, to be produced by Defendant in this
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action which are not publicly available, and which are designated by Defendant as

14 "
Confidential," shall be deemed "Confidential Information."
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2
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Designation ofthe documents as "Confidential" shall be made by

stamping each page comprising any such document, copy, or excerpt thereof with

17 the legend "CONFIDENTIAL" or a substantially similar legend at the time of
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production.
3.

Defendant may designate the documents, or any portion thereof,

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including the contents and information therein, as protected under this Stipulation

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and Order. If Izralson disagrees with any such designation, the Parties will attempt

22 to resolve the dispute in good faith on an informal basis and, if they are unable to do
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so, may ask the Court to resolve the dispute. Until such time as the dispute is

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resolved, the Parties will treat the documents at issue as deemed Confidential under

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this stipulation.

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HINSHAW 8 CUIBERTSON
6JJ West 5th Stree[, 47th Floor
Los Mgeles, CA 90071-2043
213-680.2800

JOINT STIPULATION OF CONFIDENTIALITY
Case No. 2:16-cv-06946-JAK-AGR
36267328v10990303

Case ~: x:16-cv-06946-JAK-AGR Document 25 Filed 04/04/17 Page 3 of 4 Page ID #:549

4.

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"Qualified Person" as used herein means:(i) members, employees,

2 ~ ~ counsel, consultants, experts, co-counsel, or anyone else deemed by the Parties to be
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necessary for the preparation ofthe case

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5.

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The Confidential Information, or any portion thereof, may only be

disclosed to Qualified Persons and then only to the extent counsel in good faith

6 ~ ~ believes• that such disclosure is reasonably necessary to the prosecution or defense
7 ~ ~ of this litigation.
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6.

Each Qualified Person will maintain the Confidential Information, or

9 any portion thereof, in confidence and will not reveal it to anyone who is not a
10 Qualified Person without the prior written consent of Defendant's counsel, or in the
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absence ofsuch consent, an order ofthe Court authorizing such disclosure.

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7
.

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If either party wishes to use the Confidential Information, or any

portion thereof, during any discovery, motion practice, or trial of this action, the

14 Parties will, in advance, confer in good faith to agree upon a method to protect such
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Confidential Information. Either party may apply to the Court for a mechanism for

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maintaining the confidentiality of material designated as Confidential Information.

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8.

The disclosure of the Confidential Information, or any portion thereof,

18 to a Qualified Person without designating it as Confidential shall not constitute a
19 waiver of the producing party's right to designate such information as Confidential
2 at a later time and, if so designated, the information shall thenceforth be treated as
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Confidential subject to all terms of this Stipulation and Order.

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that are designated Confidential or
w~~4fn. a~► app~,~vc. ~o ~,
23 contain verbatim the contents of the claims manual shall be filed~under sea~~~"
S¢Q. Loca..! ~u.~. ~q- 5.
=~~„~~ere possible, only Confidential
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24 ~__~~, --+.~ ~,~+~,A.. nr~ar „f+~,
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All documents ~e

25 portions of filings with the Court shall be filed under seal.
10.

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At the conclusion of this lawsuit (including appeals, if any), the

27 Confidential Information, or any portion thereof, in the possession of any Qualified
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HINSHAW d WLBERTSON
633 West 5th Street, 47M Floor
Los Mgeles, CA 90071-204]
213-680-2800

II

JOINT STIPULATION OF CONFIDENTIALITY
Case No. 2:16-cv-06946-JAK-AGR
36267328v10990303

Case ~~:16-cv-06946-JAK-AGR Document 25 Filed 04/04/17 Page 4 of 4 Page ID #:550

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Person or any other person who has received such information pursuant to this

2 Stipulation and Order, together with all copies, extracts, and summaries thereof,
3 shall either be returned to the party that produced it, or it shall be destroyed. No
4 Confidential Information may be used in any other judicial or other proceeding or
5 for any other purpose whatsoever, except(i) where required by legal process or by
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law for lawful purposes, or (ii) upon the written consent of the producing party.
1 1.

This Stipulation and Order may be modified by a further Stipulation so

ordered by the Court or, if the Parties are unable to agree, by the Court on the

9 application of a party. This Stipulation and Order~shall be binding upon all Qualified
10 Person

C~~~

,

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12.

The parties agree that even if the Court does not sign and enter the

13 Proposed Order hereto, the parties will be bound by all of the terms and conditions
14 ofthis Stipulation as a separate and enforceable contract between the parties.
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IT IS SO STIPULATED.

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DATED: Apri14, 2017

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HINSHAW & CULBERTSON LLP
By: /s/Martin E. Rosen

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MICHAEL S. NEWMAN
Attorneys for Defendant
New York Life Insurance Company

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DATED: Apri14, 2017

IT IS SO ORDERED.
DATED: `~~!$laD ~ ~

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DONAHUE & HORROW
By: /s/ Michael Horrow
MICHAEL HORRO W
DONNAPUYOT
Attorneys for Plaintiff
Lilian Izralson

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U NITED STATES MAGISTRATE 1 ~~

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HINSHAW i CULBERTSON
633 Wesl 5ih5treet, NM Floor
Los Mgeles, CA 900712043
21J-680-2800

JOINT STIPULATION OF CONFIDENTIALITY
Case No. 2:16-cv-06946-JAK-AGR
36267328v10990303