David Longinotti v. Aetna Life Insurance Company

Filing 23

PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver granting Stipulation for Protective Order 22 (sbu)

Download PDF
1 2 3 4 5 6 7 8 9 10 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 12 13 RONALD K. ALBERTS (SBN: 100017) ADELLE GREENFIELD (SBN: 301514) GORDON & REES LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 Telephone: (213) 576-5000 Facsimile: (213) 680-4470 Email: ralberts@gordonrees.com Email: agreenfield@gordonrees.com Attorneys for Defendant AETNA LIFE INSURANCE COMPANY CHARLES J. FLEISHMAN (SBN: 46405) PAUL A. FLEISHMAN (SBN: 251657) THE FLEISHMAN LAW FIRM 21243 Ventura Blvd., Suite 141 Woodland Hills, CA 91364 Telephone: (818) 805-3161 Facsimile: (818) 805-3163 erisa@erisarights.com Attorneys for Plaintiff DAVID LONGINOTTI 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 ) ) Plaintiff, ) ) vs. ) ) AETNA LIFE INSURANCE COMPANY, a corporation; DOES 1 ) ) through 10, inclusive; ) Defendants. ) ) ) ) ) ) DAVID LONGINOTTI, CASE NO. 16-cv-07564-GW-RAO Judge George W. Wu Magistrate Judge Rozella A. Oliver STIPULATED PROTECTIVE ORDER1 Complaint Filed: October 11, 2016 26 27 1 28 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Rozella A. Oliver’s Procedures. -116-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 2 1. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 3 proprietary or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may 5 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 6 enter the following Stipulated Protective Order. The parties acknowledge that this 7 Order does not confer blanket protections on all disclosures or responses to 8 discovery and that the protection it affords from public disclosure and use extends 9 only to the limited information or items that are entitled to confidential treatment 10 under the applicable legal principles. Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 B. GOOD CAUSE STATEMENT 12 This action is likely to involve trade secrets and other valuable commercial, 13 financial, technical and/or proprietary information for which special protection 14 from public disclosure and from use for any purpose other than prosecution of this 15 action is warranted. Such confidential and proprietary materials and information 16 consist of, among other things, information regarding individuals subject to the 17 standards for Privacy of Individually Identifiable Health Information promulgated 18 pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”), or 19 other similar statutory or regulatory privacy protections, confidential business or 20 financial information, information regarding confidential business practices, or 21 other confidential commercial information (including information implicating 22 privacy rights of third parties), information otherwise generally unavailable to the 23 public, or which may be privileged or otherwise protected from disclosure under 24 state or federal statutes, court rules, case decisions, or common law. Accordingly, 25 to expedite the flow of information, to facilitate the prompt resolution of disputes 26 over confidentiality of discovery materials, to adequately protect information the 27 parties are entitled to keep confidential, to ensure that the parties are permitted 28 reasonable necessary uses of such material in preparation for and in the conduct of -216-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 trial, to address their handling at the end of the litigation, and serve the ends of 2 justice, a protective order for such information is justified in this matter. It is the 3 intent of the parties that information will not be designated as confidential for 4 tactical reasons and that nothing be so designated without a good faith belief that it 5 has been maintained in a confidential, non-public manner, and there is good cause 6 why it should not be part of the public record of this case. 7 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 8 SEAL 9 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 12 and the standards that will be applied when a party seeks permission from the court 13 to file material under seal. 14 There is a strong presumption that the public has a right of access to judicial 15 proceedings and records in civil cases. In connection with non-dispositive motions, 16 good cause must be shown to support a filing under seal. See Kamakana v. City 17 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 18 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 19 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 20 orders require good cause showing), and a specific showing of good cause or 21 compelling reasons with proper evidentiary support and legal justification, must be 22 made with respect to Protected Material that a party seeks to file under seal. The 23 parties’ mere designation of Disclosure or Discovery Material as 24 CONFIDENTIAL does not— without the submission of competent evidence by 25 declaration, establishing that the material sought to be filed under seal qualifies as 26 confidential, privileged, or otherwise protectable—constitute good cause. 27 28 Further, if a party requests sealing related to a dispositive motion or trial, then compelling reasons, not only good cause, for the sealing must be shown, and -316-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 the relief sought shall be narrowly tailored to serve the specific interest to be 2 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 3 2010). For each item or type of information, document, or thing sought to be filed 4 or introduced under seal in connection with a dispositive motion or trial, the party 5 seeking protection must articulate compelling reasons, supported by specific facts 6 and legal justification, for the requested sealing order. Again, competent evidence 7 supporting the application to file documents under seal must be provided by 8 declaration. Any document that is not confidential, privileged, or otherwise protectable in 10 its entirety will not be filed under seal if the confidential portions can be redacted. If 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 9 documents can be redacted, then a redacted version for public viewing, omitting 12 only the confidential, privileged, or otherwise protectable portions of the document, 13 shall be filed. Any application that seeks to file documents under seal in their 14 entirety should include an explanation of why redaction is not feasible. 15 2. DEFINITIONS 16 2.1 Action: this pending federal lawsuit, Longinotti v. Aetna Life 17 Insurance Company, Central District of California Case No. 16-cv-07564- 18 GW-RAO. 19 20 21 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 22 how it is generated, stored or maintained) or tangible things that qualify for 23 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 24 the Good Cause Statement. “CONFIDENTIAL” information or items is also 25 intended to encompass all documents or information regarding individuals subject 26 to the standards for Privacy of Individually Identifiable Health Information 27 promulgated pursuant to HIPAA or other similar statutory or regulatory privacy 28 protections, and includes information that identifies Aetna plan participants, -416-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 members, or beneficiaries in any manner. “CONFIDENTIAL” information or 2 items includes, but is not limited to, medical records and records that contain any 3 of the following participant, patient, or member identifiers: 4 (1) names; 5 (2) all geographic subdivisions smaller than a State, including 6 street address, city, county, precinct, and zip code; 7 (3) all elements of dates (except year) for dates directly related 8 to an individual, including birth date, admission date, 9 discharge date, age, and date of death; (4) telephone number; 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 (5) fax number; 12 (6) electronic email address; 13 (7) social security numbers; 14 (8) medical record number; 15 (9) health plan beneficiary numbers; 16 (10) account numbers; 17 (11) certificate/license numbers; 18 (12) vehicle identifiers and serial numbers, including license 19 plate numbers; 20 (13) device identifiers and serial numbers; 21 (14) web universal resource locators (“URLs”); 22 (15) internet protocol (“IP”) address numbers; 23 (16) biometric identifiers, including finger and voice prints; 24 (17) full face photographic images and any comparable images; and 25 (18) any other unique identifying number, characteristic, or code. 26 27 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 28 -5STIPULATED PROTECTIVE ORDER 16-CV-07564-GW-RAO 1 2.5 Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL.” 4 2.6 Disclosure or Discovery Material: all items or information, regardless 5 of the medium or manner in which it is generated, stored, or maintained (including, 6 among other things, testimony, transcripts, and tangible things), that are produced 7 or generated in disclosures or responses to discovery in this matter. 8 9 10 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action. 2.8 House Counsel: attorneys who are employees of a party to this 12 Action. House Counsel does not include Outside Counsel of Record or any other 13 outside counsel. 14 2.9 15 Non-Party: any natural person, partnership, corporation, association or other legal entity not named as a Party to this action. 16 2.10 Outside Counsel of Record: attorneys who are not employees of a 17 party to this Action but are retained to represent or advise a party to this Action 18 and have appeared in this Action on behalf of that party or are affiliated with a law 19 firm that has appeared on behalf of that party, and includes support staff. 20 2.11 Party: any party to this Action, including all of its officers, directors, 21 employees, consultants, retained experts, and Outside Counsel of Record (and 22 their support staffs). 23 24 25 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation 26 support services (e.g., photocopying, videotaping, translating, preparing exhibits 27 or demonstrations, and organizing, storing, or retrieving data in any form or 28 medium) and their employees and subcontractors. -6STIPULATED PROTECTIVE ORDER 16-CV-07564-GW-RAO 1 2 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 3 2.15 Receiving Party: a Party that receives Disclosure or 4 Discovery Material from a Producing Party. 5 3. SCOPE 6 The protections conferred by this Stipulation and Order cover not only 7 Protected Material (as defined above), but also (1) any information copied or 8 extracted from Protected Material; (2) all copies, excerpts, summaries, or 9 compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 Material. 12 Any use of Protected Material at trial shall be governed by the orders of 13 the trial judge. This Order does not govern the use of Protected Material at 14 trial. 15 4. 16 DURATION Once a case proceeds to trial, information that was designated as 17 CONFIDENTIAL or maintained pursuant to this protective order used or 18 introduced as an exhibit at trial becomes public and will be presumptively available 19 to all members of the public, including the press, unless compelling reasons 20 supported by specific factual findings to proceed otherwise are made to the trial 21 judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing 22 “good cause” showing for sealing documents produced in discovery from 23 “compelling reasons” standard when merits-related documents are part of court 24 record). With respect to information that was designated as CONFIDENTIAL 25 pursuant to this protective order that was NOT used or introduced as an exhibit at 26 trial, the confidentiality obligations imposed by this Order shall remain in effect 27 even after final disposition of this litigation, until a Designating Party agrees 28 otherwise in writing or a court order otherwise directs. Final disposition shall be -716-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 deemed to be the later of (1) dismissal of all claims and defenses in this Action, 2 with or without prejudice; and (2) final judgment herein after the completion and 3 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 4 including the time limits for filing any motions or applications for extension of 5 time pursuant to applicable law. 6 5. 7 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. 8 Each Party or Non-Party that designates information or items for protection under 9 this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 protection only those parts of material, documents, items or oral or written 12 communications that qualify so that other portions of the material, documents, 13 items or communications for which protection is not warranted are not swept 14 unjustifiably within the ambit of this Order. 15 Mass, indiscriminate or routinized designations are prohibited. Designations 16 that are shown to be clearly unjustified or that have been made for an improper 17 purpose (e.g., to unnecessarily encumber the case development process or to impose 18 unnecessary expenses and burdens on other parties) may expose the Designating 19 Party to sanctions. 20 If it comes to a Designating Party’s attention that information or items that 21 it designated for protection do not qualify for protection, that Designating Party 22 must promptly notify all other Parties that it is withdrawing the inapplicable 23 designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for 27 protection under this Order must be clearly so designated before the material is 28 disclosed or produced. -8STIPULATED PROTECTIVE ORDER 16-CV-07564-GW-RAO 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic 3 documents, but excluding transcripts of depositions or other pretrial or trial 4 proceedings), that the Producing Party affix at a minimum, the legend 5 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 6 contains protected material. If only a portion of the material on a page qualifies 7 for protection, the Producing Party also must clearly identify the protected 8 portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents available for inspection 10 need not designate them for protection until after the inspecting Party has indicated 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 9 which documents it would like copied and produced. During the inspection and 12 before the designation, all of the material made available for inspection shall be 13 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 14 documents it wants copied and produced, the Producing Party must determine 15 which documents, or portions thereof, qualify for protection under this Order. 16 Then, before producing the specified documents, the Producing Party must affix 17 the “CONFIDENTIAL legend” to each page that contains Protected Material. If 18 only a portion of the material on a page qualifies for protection, the Producing 19 Party also must clearly identify the protected portion(s) (e.g., by making 20 appropriate markings in the margins). 21 (b) for testimony given in depositions that the Designating Party 22 identifies the Disclosure or Discovery Material on the record, before the close of 23 the deposition all protected testimony. 24 (c) for information produced in some form other than documentary and 25 for any other tangible items, that the Producing Party affix in a prominent place on 26 the exterior of the container or containers in which the information is stored the 27 legend “CONFIDENTIAL.” If only a portion or portions of the information 28 -9STIPULATED PROTECTIVE ORDER 16-CV-07564-GW-RAO 1 warrants protection, the Producing Party, to the extent practicable, shall identify 2 the protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 4 failure to designate qualified information or items does not, standing alone, waive 5 the Designating Party’s right to secure protection under this Order for such 6 material. Upon timely correction of a designation, the Receiving Party must make 7 reasonable efforts to assure that the material is treated in accordance with the 8 provisions of this Order. 9 6. 10 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 a designation of confidentiality at any time that is consistent with the 12 Court’s Scheduling Order. 13 14 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 15 6.3 The burden of persuasion in any such challenge proceeding shall be 16 on the Designating Party. Frivolous challenges, and those made for an improper 17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 18 parties) may expose the Challenging Party to sanctions. Unless the Designating 19 Party has waived or withdrawn the confidentiality designation, all parties shall 20 continue to afford the material in question the level of protection to which it is 21 entitled under the Producing Party’s designation until the Court rules on the 22 challenge. 23 7. 24 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that 25 is disclosed or produced by another Party or by a Non-Party in connection with 26 this Action only for prosecuting, defending or attempting to settle this Action. 27 Such Protected Material may be disclosed only to the categories of persons and 28 under the conditions described in this Order. When the Action has been -1016-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 terminated, a Receiving Party must comply with the provisions of section 13 2 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at 4 a location and in a secure manner that ensures that access is limited to the 5 persons authorized under this Order. 6 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 7 otherwise ordered by the court or permitted in writing by the Designating Party, 8 a Receiving Party may disclose any information or item designated 9 “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, 10 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 as well as employees of said Outside Counsel of Record to whom it is 12 reasonably necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) 13 14 of the Receiving Party to whom disclosure is reasonably necessary for this 15 Action; 16 (c) Experts (as defined in this Order) of the Receiving Party to 17 whom disclosure is reasonably necessary for this Action and who have signed 18 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 19 (d) the court and its personnel; 20 (e) court reporters and their staff; 21 (f) professional jury or trial consultants, mock jurors, and 22 Professional Vendors to whom disclosure is reasonably necessary for this 23 Action and who have signed the “Acknowledgment and Agreement to Be 24 Bound” (Exhibit A); 25 26 27 28 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing -1116-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 2 they will not be permitted to keep any confidential information unless they sign 3 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 4 agreed by the Designating Party or ordered by the court. Pages of transcribed 5 deposition testimony or exhibits to depositions that reveal Protected Material may 6 be separately bound by the court reporter and may not be disclosed to anyone 7 except as permitted under this Stipulated Protective Order; and 8 9 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED 12 PRODUCED IN OTHER LITIGATION 13 If a Party is served with a subpoena or a court order issued in other 14 litigation that compels disclosure of any information or items designated in this 15 Action as “CONFIDENTIAL,” that Party must: 16 17 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 18 (b) promptly notify in writing the party who caused the subpoena or 19 order to issue in the other litigation that some or all of the material covered by the 20 subpoena or order is subject to this Protective Order. Such notification shall 21 include a copy of this Stipulated Protective Order; and 22 (c) cooperate with respect to all reasonable procedures sought to 23 be pursued by the Designating Party whose Protected Material may be 24 affected. 25 If the Designating Party timely seeks a protective order, the Party served 26 with the subpoena or court order shall not produce any information designated in 27 this action as “CONFIDENTIAL” before a determination by the court from which 28 the subpoena or order issued, unless the Party has obtained the Designating Party’s -1216-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 permission. The Designating Party shall bear the burden and expense of seeking 2 protection in that court of its confidential material and nothing in these provisions 3 should be construed as authorizing or encouraging a Receiving Party in this Action 4 to disobey a lawful directive from another court. 5 9. 6 7 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a 8 Non-Party in this Action and designated as “CONFIDENTIAL.” Such 9 information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 provisions should be construed as prohibiting a Non-Party from seeking 12 additional protections. 13 (b) In the event that a Party is required, by a valid discovery request, 14 to produce a Non-Party’s confidential information in its possession, and the 15 Party is subject to an agreement with the Non-Party not to produce the Non- 16 Party’s confidential information, then the Party shall: 17 (1) 18 Party that some or all of the information requested is subject to a 19 confidentiality agreement with a Non-Party; 20 (2) 21 Protective Order in this Action, the relevant discovery request(s), 22 and a reasonably specific description of the information requested; 23 and 24 (3) 25 the Non-Party, if requested. 26 promptly notify in writing the Requesting Party and the Non- promptly provide the Non-Party with a copy of the Stipulated make the information requested available for inspection by (c) If the Non-Party fails to seek a protective order from this court 27 within 14 days of receiving the notice and accompanying information, the 28 Receiving Party may produce the Non-Party’s confidential information -1316-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 responsive to the discovery request. If the Non-Party timely seeks a protective 2 order, the Receiving Party shall not produce any information in its possession or 3 control that is subject to the confidentiality agreement with the Non-Party before 4 a determination by the court. Absent a court order to the contrary, the Non-Party 5 shall bear the burden and expense of seeking protection in this court of its 6 Protected Material. 7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has 9 disclosed Protected Material to any person or in any circumstance not authorized 10 under this Stipulated Protective Order, the Receiving Party must immediately (a) 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 8 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 12 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 13 the person or persons to whom unauthorized disclosures were made of all the terms 14 of this Order, and (d) request such person or persons to execute the 15 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 16 A. 17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR 18 OTHERWISE PROTECTED MATERIAL 19 When a Producing Party gives notice to Receiving Parties that certain 20 inadvertently produced material is subject to a claim of privilege or other 21 protection, the obligations of the Receiving Parties are those set forth in Federal 22 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 23 whatever procedure may be established in an e-discovery order that provides for 24 production without prior privilege review. Pursuant to Federal Rule of Evidence 25 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 26 of a communication or information covered by the attorney-client privilege or 27 work product protection, the parties may incorporate their agreement in the 28 stipulated protective order submitted to the court. -14STIPULATED PROTECTIVE ORDER 16-CV-07564-GW-RAO 1 12. 2 3 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this 5 Protective Order, no Party waives any right it otherwise would have to object to 6 disclosing or producing any information or item on any ground not addressed in 7 this Stipulated Protective Order. Similarly, no Party waives any right to object on 8 any ground to use in evidence of any of the material covered by this Protective 9 Order. 10 12.3 Filing Protected Material. A Party that seeks to file under seal any Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 11 Protected Material must comply with Local Civil Rule 79-5. Protected Material 12 may only be filed under seal pursuant to a court order authorizing the sealing of 13 the specific Protected Material at issue. If a Party’s request to file Protected 14 Material under seal is denied by the court, then the Receiving Party may file the 15 information in the public record unless otherwise instructed by the court. 16 13. 17 FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 18 days of a written request by the Designating Party, each Receiving Party must 19 return all Protected Material to the Producing Party or destroy such material. As 20 used in this subdivision, “all Protected Material” includes all copies, abstracts, 21 compilations, summaries, and any other format reproducing or capturing any of the 22 Protected Material. Whether the Protected Material is returned or destroyed, the 23 Receiving Party must submit a written certification to the Producing Party (and, if 24 not the same person or entity, to the Designating Party) by the 60 day deadline that 25 (1) identifies (by category, where appropriate) all the Protected Material that was 26 returned or destroyed and (2) affirms that the Receiving Party has not retained any 27 copies, abstracts, compilations, summaries or any other format reproducing or 28 capturing any of the Protected Material. Notwithstanding this provision, Counsel -1516-CV-07564-GW-RAO STIPULATED PROTECTIVE ORDER 1 are entitled to retain an archival copy of all pleadings, motion papers, trial, 2 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 3 and trial exhibits, expert reports, attorney work product, and consultant and expert 4 work product, even if such materials contain Protected Material. Any such archival 5 copies that contain or constitute Protected Material remain subject to this 6 Protective Order as set forth in Section 4 (DURATION). 7 14. 8 9 VIOLATION Any violation of this Order may be punished by appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 Dated: June 6, 2017 14 GORDON & REES LLP By: /s/ Adelle Greenfield Ronald K. Alberts Adelle Greenfield Attorneys for Defendant AETNA LIFE INSURANCE COMPANY 15 16 17 18 Dated: June 6, 2017June 7, 2017 19 By: /s/ Paul A. Fleishman Charles J. Fleishman Paul A. Fleishman Attorneys for Plaintiff DAVID LONGINOTTI 20 21 22 23 THE FLEISHMAN LAW FIRM Filer’s Attestation: Pursuant to Local Rule 5-4.3.4(a)(2)(i) regarding signatures, Adelle Greenfield hereby attests that all other signatories listed concur in the content of this document and have authorized its filing. 24 25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 27 DATED: June 07, 2017 28 AETNA/1108963/25934964v.2 STIPULATED PROTECTIVE ORDER _______________________________ HON. ROZELLA A. OLIVER United States Magistrate Judge -1616-CV-07564-GW-RAO 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the 7 Central District of California on [date] in the case of Longinotti v. Aetna Life 8 Insurance Company, Central District of California Case No. 16-cv-07564- 9 GW-RAO. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to 11 Gordon & Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 10 so comply could expose me to sanctions and punishment in the nature of 12 contempt. I solemnly promise that I will not disclose in any manner any 13 information or item that is subject to this Stipulated Protective Order to any 14 person or entity except in strict compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for 16 the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint __________________________ [print 19 or type full name] of _______________________________________ [print or 20 type full address and telephone number] as my California agent for service of 21 process in connection with this action or any proceedings related to enforcement of 22 this Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: _________________________________ 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28 -17STIPULATED PROTECTIVE ORDER 16-CV-07564-GW-RAO

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?