EFG Bank AG, Cayman Branch v. Transamerica Life Insurance Company
Filing
85
STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish. SEE ORDER FOR DETAILS. 71 (ch)
1
2
3
4
5
6
7
8
9
10
11
12
13
UNITED STATES DISTRICT COURT
14
CENTRAL DISTRICT OF CALIFORNIA
15
16
17
18
19
20
21
EFG BANK AG, CAYMAN BRANCH;
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as securities
intermediary for EFG BANK AG,
CAYMAN BRANCH; DLP MASTER
TRUST; DLP MASTER TRUST II;
DLP MASTER TRUST III;
GREENWICH SETTLEMENTS
MASTER TRUST; GWG DLP
MASTER TRUST; LIFE FUNDING
TRUST; AND PALM BEACH
SETTLEMENT COMPANY,
22
23
24
25
26
27
28
Plaintiffs,
v.
TRANSAMERICA LIFE INSURANCE
COMPANY,
Defendant.
Case No. 2:16-cv-08104-CAS-GJSx
[PROPOSED] STIPULATED
PROTECTIVE ORDER
[Discovery matter referred to
Magistrate Judge Gail J. Standish]
1
2
1. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT
Discovery in this action is likely to involve production of confidential and
3
proprietary actuarial, business, technical, and financial information as well as
4
private information of Plaintiffs EFG Bank AG, Cayman Branch (“EFG”) and
5
Wells Fargo Bank, National Association (“Wells Fargo”), as securities intermediary
6
for EFG (EFG and Wells Fargo together, “EFG Plaintiffs”), and Plaintiffs DLP
7
Master Trust, DLP Master Trust II, DLP Master Trust III, Greenwich Settlements
8
Master Trust, GWG DLP Master Trust, Life Funding Trust, and Palm Beach
9
Settlement Company (collectively, “EAA Plaintiffs,” and together with EFG
10
Plaintiffs, “Plaintiffs”) for which special protection from public disclosure and from
11
use for any purpose other than prosecuting this litigation may be warranted.
12
Accordingly, Plaintiffs and Defendant Transamerica Life Insurance Company
13
(“Defendant” or “Transamerica”) hereby stipulate to and petition the Court to enter
14
the following Stipulated Protective Order (“Protective Order” or “Order”). The
15
parties acknowledge that this Order does not confer blanket protections on all
16
disclosures or responses to discovery and that the protection it affords from public
17
disclosure and use extends only to the limited information or items that are entitled
18
to confidential treatment under the applicable legal principles. The parties further
19
acknowledge, as set forth in Section 12.3 (Filing Protected Material), below, that
20
this Order does not entitle them to file confidential information under seal; Civil
21
Local Rule 79-5 and the Court’s Guide to Electronically Filing Under Seal
22
Documents in Civil Cases set forth the procedures that must be followed and the
23
standards that will be applied when a party seeks permission from the court to file
24
material under seal.
25
2. DEFINITIONS
26
27
2.1
Action: EFG Bank AG, Cayman Branch, et al. v. Transamerica Life
Insurance Company, Case No. 2:16-cv-08104-DSF-RAO.
28
-1-
1
2
3
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: Confidential proprietary or
4
commercially sensitive business and financial information, trade secrets, and
5
personal information which is not generally known or publicly available and which
6
the Designating Party would not normally reveal to third parties or information that
7
otherwise meets the standard for protection set forth in Rule 26(c) of the Federal
8
Rules of Civil Procedure. It is the intent of the parties that information will not be
9
designated as confidential for tactical reasons and that nothing be so designated
10
without a good faith belief that it has been maintained in a confidential non-public
11
manner, and there is good cause why it should not be part of the public record of
12
this Action.
13
14
15
2.4
Counsel: Outside Counsel of Record and House Counsel (as well as
their support staff).
2.5
Designating Party: A Party or Non-Party that designates information or
16
items that it produces or that are produced in disclosures or in response to discovery
17
as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES
18
ONLY.”
19
2.6
Disclosure or Discovery Material: All items or information, regardless
20
of the medium or manner in which it is generated, stored, or maintained (including,
21
among other things, testimony, transcripts, and tangible things), that are produced
22
or generated in disclosures or responses to discovery in this matter.
23
2.7
Expert: A person with specialized knowledge or experience in a matter
24
pertinent to the litigation who has been retained by a Party or its counsel to serve as
25
an expert witness or as a consultant in this Action and who is not a past or current
26
employee of a Party or a current employee of a Party’s competitor and who, at the
27
time of retention, is not anticipated to become an employee of a Party or a
28
-2-
1
competitor of a Party. This definition includes a professional jury or trial
2
consultant retained in connection with this litigation.
3
2.8
“HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY”
4
Information or Items: Confidential proprietary or commercially sensitive business
5
and financial information, trade secrets, and personal information which is not
6
generally known or publicly available and which the Designating Party would not
7
normally reveal to third parties or information that otherwise meets the standard for
8
protection set forth in Rule 26(c) of the Federal Rules of Civil Procedure. It is the
9
intent of the parties that information will not be designated as confidential for
10
tactical reasons and that nothing be so designated without a good faith belief that it
11
has been maintained in a confidential non-public manner, and there is good cause
12
why it should not be part of the public record of this Action.
13
2.9
House Counsel: Attorneys who are employees of a Party or of an
14
entity that owns an interest in a Party and is responsible for controlling or directing
15
the litigation. House Counsel does not include Outside Counsel of Record or any
16
other outside counsel.
17
18
19
2.10 Non-Party: Any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.
2.11 Outside Counsel of Record: Attorneys who are not employees of a
20
party to this Action but are retained to represent or advise a party to this Action and
21
have appeared in this Action on behalf of that party or are affiliated with a law firm
22
which has appeared on behalf of that party, and includes support staff.
23
24
25
26
27
28
2.12 Party: Any party to this Action, including its House Counsel, officers,
directors, employees, consultants, and retained experts.
2.13 Parent: An entity that owns, or conducts the business affairs of, the
Receiving Party and is responsible for controlling and directing the litigation.
2.14 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
-3-
1
2.15 Professional Vendors: Persons or entities that provide litigation
2
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
3
demonstrations, and organizing, storing, or retrieving data in any form or medium)
4
and their employees and subcontractors.
5
2.16 Protected Material: Any Disclosure or Discovery Material that is
6
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’
7
EYES ONLY.”
8
9
10
11
2.17 Receiving Party: A Party that receives Disclosure or Discovery
Material from a Producing Party.
3. SCOPE
The protections conferred by this Order cover not only Protected Material (as
12
defined above), but also (1) any information copied or extracted from Protected
13
Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
14
and (3) any testimony, conversations, or presentations by Parties, their Counsel or
15
their Experts that might reveal Protected Material. Any use of Protected Material at
16
trial shall be governed by the orders of the trial judge. This Order does not govern
17
the use of Protected Material at trial.
18
4. DURATION
19
Even after final disposition of this litigation, the confidentiality obligations
20
imposed by this Order shall remain in effect until a Designating Party agrees
21
otherwise in writing or a court order otherwise directs. Final disposition shall be
22
deemed to be the later of (1) dismissal of all claims and defenses in this Action,
23
with or without prejudice; and (2) final judgment herein after the completion and
24
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
25
including the time limits for filing any motions or applications for extension of time
26
pursuant to applicable law.
27
28
-4-
1
2
5. DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
3
Each Party or Non-Party that designates information or items for protection under
4
this Order must take care to limit any such designation to specific material that
5
qualifies under the appropriate standards. To the extent it is practical to do so, the
6
Designating Party must designate for protection only those parts of material,
7
documents, items, or oral or written communications that qualify so that other
8
portions of the material, documents, items, or communications for which protection
9
is not warranted are not swept unjustifiably within the ambit of this Order. If it
10
comes to a Designating Party’s attention that information or items that it designated
11
for protection do not qualify for protection, that Designating Party must promptly
12
notify all other Parties that it is withdrawing the inapplicable designation.
13
5.2
Manner and Timing of Designations. Except as otherwise provided in
14
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
15
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
16
under this Order must be clearly so designated before the material is disclosed or
17
produced. Designation in conformity with this Order requires:
18
(a) for information in documentary form (e.g., paper or electronic
19
documents, but excluding transcripts of depositions or other pretrial or trial
20
proceedings), that the Producing Party affix at a minimum, the legend
21
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES
22
ONLY”, to each page that contains protected material. If only a portion or portions
23
of the material on a page qualifies for protection, the Producing Party also must
24
clearly identify the protected portion(s) (e.g., by making appropriate markings in
25
the margins).
26
A Party or Non-Party that makes original documents available for inspection
27
need not designate them for protection until after the inspecting Party has indicated
28
which documents it would like copied and produced. During the inspection and
-5-
1
before the designation, all of the material made available for inspection shall be
2
deemed “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” After the
3
inspecting Party has identified the documents it wants copied and produced, the
4
Producing Party must determine which documents, or portions thereof, qualify for
5
protection under this Order. Then, before producing the specified documents, the
6
Producing Party must affix the “CONFIDENTIAL” or “HIGHLY
7
CONFIDENTIAL- ATTORNEYS’ EYES ONLY” to each page that contains
8
Protected Material. If only a portion or portions of the material on a page qualifies
9
for protection, the Producing Party also must clearly identify the protected
10
portion(s) (e.g., by making appropriate markings in the margins).
(b) any Party may designate as Protected Material testimony given in a
11
12
deposition or in other pretrial or trial proceedings by informing the reporter during
13
the deposition or by sending a letter to all attorneys of record and to the deposition
14
reporter designating by page and line any portions of the transcript to be so
15
restricted, or the entire transcript if applicable, within thirty (30) days after
16
receiving the deposition transcript and specifying the level of protection being
17
asserted.
18
During this 30-day period, a transcript will be treated as if it had been
19
designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY” in its
20
entirety unless otherwise agreed. After the expiration of that period, the transcript
21
shall be treated only as actually designated.
22
When deposition testimony is designated Protected Material by informing the
23
reporter during the deposition, the transcript containing Protected Material shall
24
have an obvious legend on the title page that the transcript contains Protected
25
Material, and the title page shall be followed by a list of all pages (including line
26
numbers-as appropriate) that have been designated as Protected Material and the
27
level of protection being asserted by the Designating Party. The Designating Party
28
shall inform the court reporter of these requirements.
-6-
1
Parties shall give the other parties notice if they reasonably expect a
2
deposition, hearing or other proceeding to include Protected Material so that the
3
other parties can ensure that only authorized individuals who have signed the
4
“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those
5
proceedings. The use of a document as an exhibit at a deposition shall not in any
6
way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-
7
ATTORNEYS’ EYES ONLY.”
(c) for information produced in some form other than documentary and
8
9
for any other tangible items, that the Producing Party affix in a prominent place on
10
the exterior of the container or containers in which the information is stored the
11
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’
12
EYES ONLY.” If only a portion or portions of the information warrants protection,
13
the Producing Party, to the extent practicable, shall identify the protected portion(s).
14
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
15
failure to designate qualified information or items does not, standing alone, waive
16
the Designating Party’s right to secure protection under this Order for such
17
material. Upon timely correction of a designation, the Receiving Party must make
18
reasonable efforts to assure that the material is treated in accordance with the
19
provisions of this Order.
20
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
21
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
22
designation of confidentiality at any time that is consistent with the Court’s
23
Scheduling Order. Unless a prompt challenge to a Designating Party’s
24
confidentiality designation is necessary to avoid foreseeable, substantial unfairness,
25
unnecessary economic burdens, or a significant disruption or delay of the litigation,
26
a Party does not waive its right to challenge a confidentiality designation by
27
electing not to mount a challenge promptly after the original designation is
28
disclosed.
-7-
1
6.2
Meet and Confer. The Challenging Party shall initiate the dispute
2
resolution process under Local Rule 37.1. In conferring, the Challenging Party
3
must explain the basis for its belief that the confidentiality designation was not
4
proper and must give the Designating Party an opportunity to review the designated
5
material, to reconsider the circumstances, and, if no change in designation is
6
offered, to explain the basis for the chosen designation.
7
6.3
Judicial Intervention. If the Parties cannot resolve a challenge without
8
court intervention, the Designating Party shall file and serve a motion to retain
9
confidentiality in compliance with Local Rule 37.
10
The burden of persuasion in any such challenge proceeding shall be on the
11
Designating Party. Frivolous designations or challenges, and those designations or
12
challenges made for an improper purpose (e.g., to harass or impose unnecessary
13
expenses and burdens on other parties) may expose the respective Designating
14
Party or Challenging Party to sanctions. Unless the Designating Party has waived
15
or withdrawn the confidentiality designation, all parties shall continue to afford the
16
material in question the level of protection to which it is entitled under the
17
Designating Party’s designation until the Court rules on the challenge.
18
7. ACCESS TO AND USE OF PROTECTED MATERIAL
19
7.1
Basic Principles. A Receiving Party may use Protected Material that is
20
disclosed or produced by another Party or by a Non-Party in connection with this
21
Action only for prosecuting, defending, or attempting to settle this Action. Such
22
Protected Material may be disclosed only to the categories of persons and under the
23
conditions described in this Order. When the Action has been terminated, a
24
Receiving Party must comply with the provisions of section 13 below (FINAL
25
DISPOSITION). Protected Material must be stored and maintained by a Receiving
26
Party at a location and in a secure manner that ensures that access is limited to the
27
persons authorized under this Order.
28
-8-
1
Notwithstanding anything in this Protective Order, documents produced by
2
Transamerica in this Action and in Feller v. Transamerica Life Insurance
3
Company, Case No. 2:16-cv-01378-CAS (“Feller”) using the Feller Bates numbers
4
will be deemed to be produced in both actions in accordance with the procedures
5
agreed to by the parties in the Stipulation Re Coordination of Discovery With
6
Related Action, Feller v. Transamerica Life Ins. Co., Case No. 2:16-cv-01378-
7
CAS. The treatment of Confidential Material in these documents in this Action will
8
be governed by this Order.
9
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
10
otherwise ordered by the court or permitted in writing by the Designating Party, a
11
Receiving Party may disclose any information or item designated
12
“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as
13
14
well as employees of said Outside Counsel of Record, to whom it is reasonably
15
necessary to disclose the information for this Action;
(b) the Receiving Party, including officers, directors, and employees
16
17
(including House Counsel) of the Receiving Party, to whom disclosure is
18
reasonably necessary for this Action;
(c) the Receiving Party’s Parents’ officers, directors, employees, or
19
20
consultants/advisors (1) to whom disclosure is reasonably necessary for this Action,
21
and (2) who have signed the “Acknowledgment and Agreement to Be Bound”
22
(Exhibit A);
23
(d) Experts (as defined in this Order) of the Receiving Party to whom
24
disclosure is reasonably necessary for this Action and who have signed the
25
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
26
27
28
(e) the Feller plaintiffs’ counsel only as to Protected Material in or
deriving from documents with a Feller Bates number;
(f) the court and its personnel;
-9-
1
(g) court reporters and their staff;
2
(h) professional jury or trial consultants, mock jurors, and Professional
3
Vendors to whom disclosure is reasonably necessary for this Action;
(i) the author or recipient of a document containing the information or
4
5
a custodian or other person who otherwise possessed or knew the information;
6
(j) during their depositions, witnesses, and attorneys for witnesses, in
7
the Action to whom disclosure is reasonably necessary provided: (1) the deposing
8
party requests that the witness sign the “Acknowledgment and Agreement to Be
9
Bound” (Exhibit A); and (2) they will not be permitted to keep any Confidential
10
information unless they sign the “Acknowledgment and Agreement to Be Bound”
11
(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the
12
Court.
(k) any mediator or settlement officer, and their supporting personnel,
13
14
mutually agreed upon by any of the parties engaged in settlement discussions and
15
who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
16
7.3
Disclosure of “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES
17
ONLY Information or Items: Unless otherwise ordered by the court or permitted in
18
writing by the Designating Party, a Receiving Party may disclose any information
19
or item designated “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES ONLY”
20
only to:
21
(a) the Receiving Party’s Outside Counsel of Record in this Action, as
22
well as employees of said Outside Counsel of Record, to whom it is reasonably
23
necessary to disclose the information for this Action;
24
(b) House Counsel and up to five officers, directors, employees, or
25
consultants/advisors of: i) Transamerica if it is a Receiving Party; ii) Plaintiff EFG
26
Bank and Plaintiff Wells Fargo or EFG Bank’s Parent if Plaintiff EFG Bank or
27
Wells Fargo is a Receiving Party; and iii) the EAA Plaintiffs or the EAA Plaintiffs’
28
Parent if it is a Receiving Party (1) to whom disclosure is reasonably necessary for
- 10 -
1
this Action; and (2) who have signed the “Acknowledgement and Agreement to be
2
Bound” (Exhibit A). A House Counsel who is a member of the Bar of any state in
3
the United States need not sign the Acknowledgment. For the sake of clarity, this
4
provision allows for disclosure to a maximum of ten people combined for all
5
Plaintiffs where they are the Receiving Party, up to five people for EFG Bank and
6
Wells Fargo combined, and up to five people for the EAA Plaintiffs combined, as
7
EAA Plaintiffs are defined in the operative complaint.
8
9
10
11
12
(c) Experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this Action and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(d) the Feller plaintiffs’ counsel only as to Protected Material in or
deriving from documents with a Feller Bates number;
13
(e) the court and its personnel;
14
(f) court reporters and their staff;
15
(g) professional jury or trial consultants, mock jurors, and Professional
16
17
18
Vendors to whom disclosure is reasonably necessary for this Action;
(h) the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
19
(i) during their depositions, witnesses, and attorneys for witnesses, in
20
the Action to whom disclosure is reasonably necessary provided the witness signs
21
the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
22
(j) any mediator or settlement officer, and their supporting personnel,
23
mutually agreed upon by any of the parties engaged in settlement discussions and
24
who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).
25
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
26
27
28
IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this Action as
- 11 -
1
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’ EYES
2
ONLY” that Party must:
3
4
5
(a)
promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
(b)
promptly notify in writing the party who caused the subpoena or order
6
to issue in the other litigation that some or all of the material covered by the
7
subpoena or order is subject to this Protective Order. Such notification shall
8
include a copy of this Stipulated Protective Order; and
9
10
11
(c)
cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
12
the subpoena or court order shall not produce any information designated in this
13
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL- ATTORNEYS’
14
EYES ONLY” before a determination by the court from which the subpoena or
15
order issued, unless the Party has obtained the Designating Party’s permission. The
16
Designating Party shall bear the burden and expense of seeking protection in that
17
court of its confidential material and nothing in these provisions should be
18
construed as authorizing or encouraging a Receiving Party in this Action to disobey
19
a lawful directive from another court.
20
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
21
22
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-
23
Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
24
CONFIDENTIAL- ATTORNEYS’ EYES ONLY.” Such information produced by
25
Non-Parties in connection with this litigation is protected by the remedies and relief
26
provided by this Order. Nothing in these provisions should be construed as
27
prohibiting a Non-Party from seeking additional protections.
28
- 12 -
1
(b) In the event that a Party is required, by a valid discovery request, to
2
produce a Non-Party’s confidential information in its possession, and the Party is
3
subject to an agreement with the Non-Party not to produce the Non-Party’s
4
confidential information, then the Party shall:
5
(1) promptly notify in writing the Requesting Party and the Non-Party
6
that some or all of the information requested is subject to a confidentiality
7
agreement with a Non-Party;
8
9
10
11
12
13
(2) promptly provide the Non-Party with a copy of the Protective
Order in this Action, the relevant discovery request(s), and a reasonably specific
description of the information requested; and
(3) make the information requested available for inspection by the
Non-Party, if requested.
(c) If the Non-Party fails to seek a protective order from this court within
14
21 days of receiving the notice and accompanying information, the Receiving Party
15
may produce the Non-Party’s confidential information responsive to the discovery
16
request. If the Non-Party timely seeks a protective order, the Receiving Party shall
17
not produce any information in its possession or control that is subject to the
18
confidentiality agreement with the Non-Party before a determination by the court.
19
Absent a court order to the contrary, the Non-Party shall bear the burden and
20
expense of seeking protection in this court of its Protected Material.
21
10.UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
23
Protected Material to any person or in any circumstance not authorized under this
24
Protective Order, the Receiving Party must immediately (a) notify in writing the
25
Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
26
all unauthorized copies of the Protected Material, (c) inform the person or persons
27
to whom unauthorized disclosures were made of all the terms of this Order, and (d)
28
- 13 -
1
request such person or persons to execute the “Acknowledgment and Agreement to
2
Be Bound” that is attached hereto as Exhibit A.
3
11.INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
4
5
PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
6
inadvertently produced material is subject to a claim of privilege or other protection
7
(e.g. work product immunity), the obligations of the Receiving Parties are those set
8
forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended
9
to modify whatever procedure may be established in an e-discovery order that
10
provides for production without prior privilege review. Pursuant to Federal Rule of
11
Evidence 502(d) and (e), the parties agree that the inadvertent or unintentional
12
disclosure by the Producing Party of material that is privileged or subject to other
13
protection shall not be deemed a waiver in whole or in part of the claim of privilege
14
or other protection, either as to the specific information disclosed or as to any other
15
information relating thereto on the same or related subject matter.
16
Upon learning of an inadvertent or unintentional disclosure of privileged
17
information, the Producing Party shall provide written notice to the parties who
18
have received such information. Within ten (10) business days of the date of that
19
written notice, the documents or materials described in that notice shall be returned
20
to counsel for the Producing Party, and in the same time frame, any notes or other
21
writing or recordings that copy, summarize, reflect, or discuss the content of the
22
documents or materials shall be destroyed. No use shall be made of such
23
documents or materials from such inadvertent production during deposition or at
24
trial, nor shall such documents or materials be provided to anyone who did not
25
already have access to them prior to the request by the Producing Party that they be
26
returned.
27
28
If the Receiving Party intends to challenge the assertion of privilege, it must
provide written notice within this ten-day period, explaining the grounds for its
- 14 -
1
challenge. The Receiving Party shall initiate the dispute resolution process under
2
Local Rule 37.1 within ten (10) business days of date of service of the Receiving
3
Party’s notice disputing a claim of inadvertent production.
4
If the Parties cannot resolve a challenge without court intervention, the
5
Receiving Party may move the Court for an order compelling production of any
6
inadvertently produced or disclosed document or material in compliance with Local
7
Rule 37, but the motion shall not assert as a ground for production the fact of the
8
inadvertent production or disclosure. Pending the Court’s ruling, the party
9
challenging the assertion of privilege shall segregate the affected documents and
10
materials and shall not make any use of such information.
11
12.MISCELLANEOUS
12
13
14
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.
12.2 Right to Assert Other Objections. By stipulating to the entry of this
15
Protective Order no Party waives any right it otherwise would have to object to
16
disclosing or producing any information or item on any ground not addressed in
17
this Protective Order. Similarly, no Party waives any right to object on any ground
18
to use in evidence of any of the material covered by this Protective Order.
19
12.3 Filing Protected Material. A Party that seeks to file any Protected
20
Material must comply with Civil Local Rule 79-5 and the Court’s Guide to
21
Electronically Filing Under Seal Documents in Civil Cases and file under seal,
22
unless the Designating Party gives its written permission to file in the public record.
23
12.4 The Parties agree that the terms of this Stipulated Protective Order will
24
govern as of the date when it is filed. To the extent the Court modifies any
25
provision of this Stipulated Protective Order, the Parties will meet and confer in
26
good faith regarding how to address those modifications for any documents
27
previously produced.
28
- 15 -
1
2
13.FINAL DISPOSITION
After the final disposition of this Action, as defined in Section 4
3
(DURATION), within 60 days of a written request by the Designating Party, each
4
Receiving Party must return all Protected Material to the Producing Party or destroy
5
such material. As used in this subdivision, “all Protected Material” includes all
6
copies, abstracts, compilations, summaries, and any other format reproducing or
7
capturing any of the Protected Material. Whether the Protected Material is returned
8
or destroyed, the Receiving Party must submit a written certification to the
9
Producing Party (and, if not the same person or entity, to the Designating Party) by
10
the 60 day deadline that (1) identifies (by category, where appropriate) all the
11
Protected Material that was returned or destroyed and (2) affirms that the Receiving
12
Party has not retained any copies, abstracts, compilations, summaries or any other
13
format reproducing or capturing any of the Protected Material. Notwithstanding this
14
provision, Counsel are entitled to retain an archival copy of all pleadings, motion
15
papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
16
deposition and trial exhibits, expert reports, attorney work product, and consultant
17
and expert work product, even if such materials contain Protected Material. Any
18
such archival copies that contain or constitute Protected Material remain subject to
19
this Protective Order as set forth in Section 4 (DURATION).
20
21
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
22
23
24
25
26
27
28
- 16 -
1
Dated:
March 26, 2018
ORRICK, HERRINGTON &
SUTCLIFFE LLP
2
3
By: /s/ Khai LeQuang
KHAI LEQUANG
Attorneys for Plaintiffs
EFG BANK AG, CAYMAN BRANCH;
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as securities
intermediary for EFG BANK AG,
CAYMAN BRANCH; DLP MASTER
TRUST; DLP MASTER TRUST II; DLP
MASTER TRUST III; GREENWICH
SETTLEMENTS MASTER TRUST;
GWG DLP MASTER TRUST; LIFE
FUNDING TRUST; AND PALM
BEACH SETTLEMENT COMPANY
4
5
6
7
8
9
10
11
12
Dated:
March 26, 2018
MORRISON & FOERSTER LLP
13
14
15
16
By: /s/ Nancy R. Thomas
NANCY R. THOMAS
Attorneys for Defendant
TRANSAMERICA LIFE INSURANCE
COMPANY
17
18
19
20
21
22
23
24
25
26
27
28
- 17 -
1
ECF ATTESTATION
2
I, Khai LeQuang, am the ECF User whose ID and password are being used to file this
3
[PROPOSED] STIPULATED PROTECTIVE ORDER. In accordance with Local Rule 5-
4
4.3.4, concurrence in and authorization of the filing of this document has been obtained from
5
Nancy Thomas, counsel for Defendant, and I shall maintain records to support this concurrence
6
for subsequent production for the Court if so ordered or for inspection upon request by a party.
7
Dated: March 26, 2018
ORRICK, HERRINGTON & SUTCLIFFE LLP
8
9
By:
/s/ Khai LeQuang
Khai LeQuang
10
Attorneys for Plaintiffs
11
12
13
14
15
IT IS SO ORDERED.
16
17
/s/ - Gail J. Standish
Dated: April 17, 2018
Honorable Gail J. Standish
18
19
20
21
22
23
24
25
26
27
28
- 18 -
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 perjury
5
that I have read in its entirety and understand the Stipulated Protective Order that
6
was issued by the United States District Court for the Central District of California
7
on __________ [date] in the case of EFG Bank AG, Cayman Branch, et al. v.
8
Transamerica Life Insurance Company, Case No. 2:16-cv-08104-CAS-AJW. I
9
agree to comply with and to be bound by all the terms of this Stipulated Protective
10
Order and I understand and acknowledge that failure to so comply could expose me
11
to sanctions and punishment in the nature of contempt. I solemnly promise that I
12
will not disclose in any manner any information or item that is subject to this
13
Stipulated Protective Order to any person or entity except in strict compliance with
14
the provisions of this Stipulated Protective Order. I further agree to submit to the
15
jurisdiction of the United States District Court for the Central District of California
16
for enforcing the terms of this Stipulated Protective Order, even if such
17
enforcement proceedings occur after termination of this action. I hereby appoint
18
__________________________ [print or type full name] of
19
_______________________________________ [print or type full address and
20
telephone number] as my California agent for service of process in connection with
21
this action or any proceedings related to enforcement of this Stipulated Protective
22
Order.
23
24
Date: ______________________________________
25
City and State where sworn and signed: _________________________________
26
Printed name: _______________________________
27
Signature: __________________________________
28
-1-
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?