Michael Miller v. Great American Insurance Company, et al

Filing 20

STIPULATION AND CONFIDENTIALITY AGREEMENT by Magistrate Judge Jean P. Rosenbluth. re Stipulation for Order 18 , 19 . (See Order for details) (NOTE CHANGES MADE BY THE COURT) (bem)

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1 R. Rex Parris, SBN 96567 rrparris@parrislawyers.com 2 Daniel Eli, SBN192019 deli@parrislawyers.com 3 Kitty K. Szeto, SBN 258136 kszeto A-parrislavvyers.com 4 PARRIS LAW FIRM 43364 10th Street West NOTE: CHANGES MADE BY THE COURT 5 Lancaster, California 93534 Telephone: (661) 949-2595 6 Facsimile: (661) 949-7524 7 Attorneys for Plaintiff MICHAEL MILLER 8 Randolph P. Sinnott, SBN 107301 rsinnott@mcclaw.com 9 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC 550 South Hope Street, Suite 2350 10 Los Angeles, California 90071 Telephone: (213) 996-4200 11 Facsimile: (213) 892-8322 12 Randy M. Marmor, SBN 74747 rmarmor@spcclaw.com 13 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC Two Embarcadero Street, Suite 1410 14 San Francisco, California 94111 Telephone: (415) 352-6200 15 Facsimile: (415) 352-6224 16 Attorneys for Defendant GREAT AMERICAN INSURANCE COMPANY 17 UNITED STATES DISTRICT COURT 18 CENTRAL DISTRICT OF CALIFORNIA 19 20 MICHAEL MILLER, 21 22 23 Plaintiff, v. Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT GREAT AMERICAN INSURANCE 24 COMPANY, and DOES 1 through 50, inclusive, 25 Defendants. 26 27 28 -1Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT WHEREAS, defendant Great American Insurance Company ("Great American") 1 2 and Plaintiff Michael Miller ("Miller") have in their possession DOCUMENTS', which 3 they contend contain confidential, proprietary, trade secrets, or competitively sensitive 4 business, commercial, financial or personal information and which have been requested in 5 discovery in this lawsuit; and WHEREAS, Great American and Miller (collectively hereinafter "the parties") 6 7 desire to avoid controversy regarding the potential disclosure of the DOCUMENTS; IT IS HEREBY AGREED by the parties to this action, through their counsel, that 8 9 selected DOCUMENTS produced by Great American and Plaintiff may be marked 10 "CONFIDENTIAL" and will be subject to the terms and conditions outlined in this 11 Confidentiality Agreement. Great American and Plaintiff shall not blanket designate every 12 DOCUMENT they produce in this case as CONFIDENTIAL. 1. 13 Unless agreed to in writing by counsel or otherwise ordered by the court, the 14 DOCUMENTS and all information derived therefrom, shall be used only in connection 15 with, in preparation for and/or during the trial of this action Miller v. Great American 16 Insurance Company, United States District Court, Central District of California, Case No. 17 2:16-cv-07689-MWF (JPRx), and shall not be used for any other purpose whatsoever. 2. 18 The entry of this Stipulation and Confidentiality Agreement does not alter, 19 waive, modify, or abridge any right, privilege or protection otherwise available to any 20 Party with respect to the discovery of matters, including but not limited to any Party's right 21 to assert the attorney-client privilege, the attorney work product doctrine, or other 22 privileges, or any Party's right to contest any such assertion. By entering this Stipulation 23 and Confidentiality Agreement the parties do not waive their right to challenge the 24 designation of any document as confidential. 25 / / / 26 / / / 27 28 "DOCUMENT" and or "DOCUMENTS" mean "Writings" and "Recordings" as defined in the Federal Rules of Evidence, Rule 1001. I -2Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT 1 2 3. The DOCUMENTS shall be treated as follows: a. The DOCUMENTS and any copies, summaries, extracts, notes or 3 memoranda relating thereto may be disclosed by counsel of record for 4 the parties only to the following: 5 (1) The parties; 6 (2) Counsel of record for the Parties, and all affiliated attorneys, 7 paralegals, stenographic and clerical employees of such counsel 8 who work under the direct supervision of such counsel; (3) 9 Consultants and experts employed by counsel of record for the 10 purpose of assisting in the preparation for and/or trial of this 11 action but only to the extent such persons need such 12 confidential information for that preparation; (4) 13 Witnesses, but only to the extent pertinent to their anticipated testimony; 14 15 (5) Mock jury participants; 16 (6) The court, court personnel, court reporters, and deposition officers; 17 18 (7) The jury selected for trial in this matter (if any); and 19 (8) Any other person under such terms as may be agreed by the parties in writing or as the court may hereafter order. 20 21 b. The parties and any expert or consultant hired by the parties for this 22 matter to whom disclosure of the DOCUMENTS is made, shall be 23 advised of this Confidentiality Agreement and, before disclosure is 24 made, shall sign a document (a copy of which is attached as Exhibit 25 A) manifesting that he or she agrees to abide by the terms of the 26 Confidentiality Agreement. If the DOCUMENTS are provided to 27 consultants and/or experts hired by the parties, such consultants and/or 28 experts shall sign a copy of Exhibit A, and it shall be provided -3Case No. 2:16-cv-07689-MWF (IPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT 1 to the other party at the time experts are designated in this case. The 2 parties' counsel shall keep a list with the name of each consultant 3 and/or expert hired by the parties who has signed a copy of the 4 Confidentiality Agreement. 5 4. Any party wishing to attach a DOCUMENT as an exhibit to any deposition 6 in this action shall infoitii the court reporter or transcriber who reports or transcribes 7 testimony about this Confidentiality Agreement before marking such document as an 8 exhibit to the transcript. With respect to any deposition testimony in which 9 DOCUMENTS designated as confidential are discussed, at their option the parties may 10 designate the corresponding portions of deposition transcripts as "CONFIDENTIAL." To 11 do so, the parties may either: a. 12 identify on the record, before the close of the deposition, all 13 confidential testimony, by specifying all portions of the Testimony 14 that qualify as "CONFIDENTIAL;" or b. 15 if appropriate, designate the entirety of the testimony at the 16 deposition 17 concluded) with the right to identify more specific portions of the 18 testimony as to which protection is sought within 30 days following 19 receipt of the deposition transcript. c. 20 "CONFIDENTIAL" (before the deposition is deposition transcript pages designated as "CONFIDENTIAL" shall be treated as if they were the DOCUMENTS. 21 22 as 5. In the event that the DOCUMENTS or portions of transcripts designated as 23 confidential are deposited with the Court or used in connection with any filing or 24 proceeding in this action, the parties shall request and take the necessary measures to 25 support a request that the DOCUMENTS be filed under seal unless otherwise agreed to by 26 the parties. Any such request must comply with Local Rule 79-5. 27 / / / 28 / / / -4Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT 1 6. This Confidentiality Agreement, its terms, the designation of a transcript as 2 CONFIDENTIAL, or the fact that material is confidential shall not be admissible during 3 trial and shall not be communicated to the jury. 4 5 7. Upon final determination of this action, whether by judgment, settlement or otherwise, including all appeals: d. 6 The parties' counsel and any other person who has received material 7 designated as confidential shall assemble and return to opposing 8 counsel all material so produced, along with all copies, extracts, 9 summaries and compilations thereof (except material constituting the 10 work product of any counsel, which shall be kept confidential or 11 destroyed). The parties shall select and arrange with a messenger 12 service to pick up and return the DOCUMENTS to their counsel. 13 Alternatively, the party in possession of the DOCUMENTS counsel 14 may destroy the DOCUMENTS; e. 15 The parties' counsel will continue to protect the confidentiality of 16 information contained in work product DOCUMENTS retained under 17 (a) above until such DOCUMENTS have either been returned or 18 destroyed. 19 8. The execution of this Confidentiality Agreement shall not preclude any party 20 from moving the court for protective orders in the course of this litigation. Nor shall it 21 preclude the parties from moving the court, in full compliance with Local Rule 37, for an 22 order that certain DOCUMENTS be deemed not subject to this Confidentiality. 23 9. Nothing in this Stipulation and Protective Order shall affect the admissibility 24 into evidence of any DOCUMENTS designated as CONFIDENTIAL, or abridge the rights 25 of any person to seek judicial review or to pursue other appropriate judicial action with 26 respect to any ruling made by the Court concerning the issue of the status of such 27 DOCUMENTS 28 -5Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT 1 10. Any Party to the action (or other person subject to the terms of this 2 Stipulation and Confidentiality Agreement) may ask the Court, after appropriate notice to 3 the other Parties and in compliance with Local Rule 37, to modify or grant relief from any 4 provision of this Stipulation and Confidentiality Agreement. 5 11. Entering into, agreeing to, and/or complying with the terms of this Stipulation 6 and Confidentiality Agreement shall not: f. 7 operate as an admission by any person that any particular 8 DOCUMENT or testimony marked "CONFIDENTIAL" contains or 9 reflects trade secrets, proprietary, confidential or competitively sensitive business, commercial, financial or personal information; or 10 g. 11 prejudice in any way the right of any Party (or any other person 12 subject to the terms of this Stipulation and Confidentiality 13 Agreement): (1) 14 to seek a determination by the Court of whether any 15 particular DOCUMENT or testimony should be 16 subject to protection as "CONFIDENTIAL" under the 17 terms 18 Agreement; or (2) 19 of this Stipulation and Confidentiality to seek relief from the Court on appropriate notice to 20 all other Parties from any provision(s) of this 21 Stipulation and Confidentiality Agreement, either 22 generally or as to any particular DOCUMENT or 23 testimony. 24 12. In the event that one party objects to the other party's designation of any 25 DOCUMENTS (or related deposition testimony) as "CONFIDENTIAL," that party's 26 counsel shall advise opposing counsel, in writing, of such objections, the specific 27 DOCUMENTS or related testimony to which each objection pertains, and the specific 28 reasons and support for such objections (the "Designation Objections"). The party -6Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT 1 2 asserting confidentiality shall have ten (10) days from receipt of the written Designation Objections to either (a) agree in writing to de-designate subject Documents/testimony 3 pursuant to any or all of the Designation Objections and/or (b) file a motion under Local 4 Rule 37 with the Court seeking to uphold any or all designations on the subject 5 Documents/Testimony addressed by the Designation Objections (the "Designation 6 Motion"). Pending a resolution of the Designation Motion by the Court, any and all 7 existing designations on the Documents/Testimony at issue in such Motion shall remain in 8 place. The party asserting confidentiality shall have the burden on any Designation 9 Motion of establishing the applicability of its "CONFIDENTIAL" designation. In the 10 event that the Designation Objections are neither timely agreed to nor timely addressed in 11 the Designation Motion, then such Documents/Testimony shall be de-designated in 12 accordance with the Designation Objection applicable to such material. 13 13. This Confidentiality Agreement is subject to amendment and modification 14 by further written stipulation among counsel of record in this action or by order of the 15 Court. No written modification will have the force or effect of a Court order absent the 16 Court’s approval. 17 18 14. The parties to this agreement may exercise any rights they may have, at law or in equity, to enforce its terms. 19 20 Dated: January 6, 2017 PARRIS LAW FIRM 21 22 23 24 25 26 27 28 By DANIEL ELI Attorneys for Plaintiff Michael Miller -7Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT 1 Dated: January 6, 2017 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC 2 3 4 By 5 6 7 ____________________________________ RANDY M. MARMOR Attorneys for Defendant GREAT AMERICAN INSURANCE COMPANY 8 9 10 IT IS SO ORDERED. 11 12 DATED: January 26, 2017 13 14 15 JEAN P. ROSENBLUTH UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -8Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT 1 EXHIBIT A 2 I hereby acknowledge that I have received and read a copy of the Confidentiality 3 4 5 6 7 Agreement in the action entitled Miller v. Great American Insurance Company, United States District Court, Central District of California, Case No. 2:16-cv-07689-MWF (JPRx). I agree to be bound by the provisions of that Confidentiality Agreement with respect to any confidential material disclosed to me, and I specifically agree that I will not communicate, reveal, or use any confidential material except in accordance with the terms of the 8 Confidentiality Agreement. I further agree to return any confidential material provided to 9 me and all copies thereof to the party or counsel who provide such confidential material to 10 me. 11 12 13 I declare under penalty of perjury that the following is true and correct. 14 15 Executed this day of 201 at (City. State) 16 17 18 Signature 19 20 21 22 23 24 25 26 27 28 -8Case No. 2:16-cv-07689-MWF (JPRx) STIPULATION AND CONFIDENTIALITY AGREEMENT

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