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)

1 R. Rex Parris, SBN 96567
[e-mail]
2 Daniel Eli, SBN192019
[e-mail]
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: [phone]
6 Facsimile: [phone]
7 Attorneys for Plaintiff MICHAEL MILLER
8 Randolph P. Sinnott, SBN 107301
[e-mail]
9 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC
550 South Hope Street, Suite 2350
10 Los Angeles, California 90071
Telephone: [phone]
11 Facsimile: [phone]
12 Randy M. Marmor, SBN 74747
[e-mail]
13 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC
Two Embarcadero Street, Suite 1410
14 San Francisco, California 94111
Telephone: [phone]
15 Facsimile: [phone]
16 Attorneys for Defendant GREAT AMERICAN INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL MILLER,

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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,
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Defendants.
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-1Case No. 2:16-cv-07689-MWF (JPRx)
STIPULATION AND CONFIDENTIALITY AGREEMENT

WHEREAS, defendant Great American Insurance Company ("Great American")

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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")

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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

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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.

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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.

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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 / / /
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"DOCUMENT" and or "DOCUMENTS" mean "Writings" and "Recordings" as defined in the Federal
Rules of Evidence, Rule 1001.
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-2Case No. 2:16-cv-07689-MWF (JPRx)
STIPULATION AND CONFIDENTIALITY AGREEMENT

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3.

The DOCUMENTS shall be treated as follows:
a.

The DOCUMENTS and any copies, summaries, extracts, notes or

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memoranda relating thereto may be disclosed by counsel of record for

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the parties only to the following:

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(1)

The parties;

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(2)

Counsel of record for the Parties, and all affiliated attorneys,

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paralegals, stenographic and clerical employees of such counsel

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who work under the direct supervision of such counsel;
(3)

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Consultants and experts employed by counsel of record for the

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purpose of assisting in the preparation for and/or trial of this

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action but only to the extent such persons need such

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confidential information for that preparation;
(4)

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Witnesses, but only to the extent pertinent to their anticipated
testimony;

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(5)

Mock jury participants;

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(6)

The court, court personnel, court reporters, and deposition
officers;

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(7)

The jury selected for trial in this matter (if any); and

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(8)

Any other person under such terms as may be agreed by the
parties in writing or as the court may hereafter order.

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b.

The parties and any expert or consultant hired by the parties for this

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matter to whom disclosure of the DOCUMENTS is made, shall be

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advised of this Confidentiality Agreement and, before disclosure is

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made, shall sign a document (a copy of which is attached as Exhibit

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A) manifesting that he or she agrees to abide by the terms of the

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Confidentiality Agreement. If the DOCUMENTS are provided to

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consultants and/or experts hired by the parties, such consultants and/or

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experts shall sign a copy of Exhibit A, and it shall be provided
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STIPULATION AND CONFIDENTIALITY AGREEMENT

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to the other party at the time experts are designated in this case. The

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parties' counsel shall keep a list with the name of each consultant

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and/or expert hired by the parties who has signed a copy of the

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Confidentiality Agreement.

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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.

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identify on the record, before the close of the deposition, all

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confidential testimony, by specifying all portions of the Testimony

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that qualify as "CONFIDENTIAL;" or
b.

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if appropriate, designate the entirety of the testimony at the

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deposition

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concluded) with the right to identify more specific portions of the

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testimony as to which protection is sought within 30 days following

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receipt of the deposition transcript.
c.

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"CONFIDENTIAL"

(before

the

deposition

is

deposition transcript pages designated as "CONFIDENTIAL" shall be
treated as if they were the DOCUMENTS.

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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.
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-4Case No. 2:16-cv-07689-MWF (JPRx)
STIPULATION AND CONFIDENTIALITY AGREEMENT

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6.

This Confidentiality Agreement, its terms, the designation of a transcript as

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CONFIDENTIAL, or the fact that material is confidential shall not be admissible during

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trial and shall not be communicated to the jury.

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7.

Upon final determination of this action, whether by judgment, settlement or

otherwise, including all appeals:
d.

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The parties' counsel and any other person who has received material

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designated as confidential shall assemble and return to opposing

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counsel all material so produced, along with all copies, extracts,

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summaries and compilations thereof (except material constituting the

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work product of any counsel, which shall be kept confidential or

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destroyed). The parties shall select and arrange with a messenger

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service to pick up and return the DOCUMENTS to their counsel.

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Alternatively, the party in possession of the DOCUMENTS counsel

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may destroy the DOCUMENTS;
e.

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The parties' counsel will continue to protect the confidentiality of

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information contained in work product DOCUMENTS retained under

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(a) above until such DOCUMENTS have either been returned or

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destroyed.

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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.
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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
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-5Case No. 2:16-cv-07689-MWF (JPRx)
STIPULATION AND CONFIDENTIALITY AGREEMENT

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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.
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11. Entering into, agreeing to, and/or complying with the terms of this Stipulation

6 and Confidentiality Agreement shall not:
f.

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operate as an admission by any person that any particular

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DOCUMENT or testimony marked "CONFIDENTIAL" contains or

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reflects trade secrets, proprietary, confidential or competitively
sensitive business, commercial, financial or personal information; or

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g.

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prejudice in any way the right of any Party (or any other person

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subject to the terms of this Stipulation and Confidentiality

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Agreement):
(1)

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to seek a determination by the Court of whether any

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particular DOCUMENT or testimony should be

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subject to protection as "CONFIDENTIAL" under the

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terms

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Agreement; or
(2)

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of

this

Stipulation

and

Confidentiality

to seek relief from the Court on appropriate notice to

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all other Parties from any provision(s) of this

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Stipulation and Confidentiality Agreement, either

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generally or as to any particular DOCUMENT or

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testimony.

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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

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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
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event that the Designation Objections are neither timely agreed to nor timely addressed in

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the Designation Motion, then such Documents/Testimony shall be de-designated in

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accordance with the Designation Objection applicable to such material.

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13.

This Confidentiality Agreement is subject to amendment and modification

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by further written stipulation among counsel of record in this action or by order of the

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Court. No written modification will have the force or effect of a Court order absent the

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Court’s approval.

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14.

The parties to this agreement may exercise any rights they may have, at law

or in equity, to enforce its terms.

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Dated: January 6, 2017

PARRIS LAW FIRM

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By

DANIEL ELI
Attorneys for Plaintiff Michael Miller

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STIPULATION AND CONFIDENTIALITY AGREEMENT

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Dated: January 6, 2017

SINNOTT, PUEBLA, CAMPAGNE &
CURET, APLC

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By

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____________________________________
RANDY M. MARMOR
Attorneys for Defendant GREAT AMERICAN
INSURANCE COMPANY

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IT IS SO ORDERED.

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DATED: January 26, 2017

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JEAN P. ROSENBLUTH
UNITED STATES MAGISTRATE JUDGE

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-8Case No. 2:16-cv-07689-MWF (JPRx)
STIPULATION AND CONFIDENTIALITY AGREEMENT

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EXHIBIT A

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I hereby acknowledge that I have received and read a copy of the Confidentiality

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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

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Confidentiality Agreement. I further agree to return any confidential material provided to
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me and all copies thereof to the party or counsel who provide such confidential material to
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me.
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I declare under penalty of perjury that the following is true and correct.

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Executed this day of

201 at
(City. State)

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Signature

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-8Case No. 2:16-cv-07689-MWF (JPRx)
STIPULATION AND CONFIDENTIALITY AGREEMENT