Federal Insurance Company v. California Metal Distributors et al

Filing 55

PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order 53 . (sp)

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2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 1 of 17 Page ID #:416 1 SEDGWICK LLP MARTIN J. O'LEARY, State Bar No. 106546 2 martin.oleary@sedgwicklaw.com 3 BRIAN HARRISON, State Bar No. 157123 Brian.harrison@sedgwicklaw.com 4 JASON J. CHORLEY,State Bar No. 263225 Jason.chorley@sedgwicklaw.com 5 333 Bush Street, 30th Floor San Francisco, CA 94104-2834 6 Telephone: 415.781.7900 7' g l Attorneys for Plaintiff FEDERAL INSURANCE COMPANY 9 ~[ALL OTHER COUNSEL CAPTIONED IN SIGNATURE] 10 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 FEDERAL INSURANCE COMPANY, an Indiana corporation, for itself and as 17 assignee of NIPPON STEEL & SUMITOMO METAL U.S.A., INC., a 18 New York corporation, and WESTERN TUBE &CONDUIT CORPORATION, 19 a California corporation, STIPULATED PROTECTIVE ORDER Plaintiff, 2 0 21 Case No. 2:16-cv-09478-R-E v. 22 CALIFORNIA METAL DISTRIBUTORS, a California corporation; WOLF METALS,INC., a 23 California corporation; VINCENT P. 2 GIOFFRE, an individual; and 4 DOUGLAS CONRADO,an individual, 25 inclusive, v .~ ~ ~ C/~ Defendants. 2 6 27 28 84864201v1 -1STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E Ca 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 2 of 17 Page ID #:417 1 1. A. 2 Discovery in this action is likely to involve production of confidential, PURPOSES AND LIMITATIONS 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. The parties further acknowledge, as set forth 1 1 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 12 file confidential information under seal; Civil Local Rule 79-5 sets forth the 13 procedures that must be followed and the standards that will be applied when a party 14 seeks permission from the court to file material under seal. 15 B. 16 This action is likely to involve trade secrets, commercial, financial, technical GOOD CAUSE STATEMENT 17 and/or proprietary information for which special protection from public disclosure 18 and from use for any purpose other than prosecution ofthis action is warranted. 19 Such confidential and proprietary materials and information consist of, among other 2 things, confidential business or financial information, information regarding 0 21 confidential business practices, or other confidential research, development, or 22 commercial information (including information implicating privacy rights of third 23 parties), information otherwise generally unavailable to the public, or which may be 2 privileged or otherwise protected from disclosure under state or federal statutes, 4 25 court rules, case decisions, or common law. Accordingly, to expedite the flow of v 26 information, to facilitate the prompt resolution of disputes over confidentiality of ~ ~ ~ 27 discoverY materials, to adequatelY Protect information the Parties are entitled to keeP 28 confidential, to ensure that the parties are permitted reasonable necessary uses of 8486a2o~~t _2_ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 3 of 17 Page ID #:418 1 such material in preparation for and in the conduct oftrial, to address their handling 2 at the end ofthe litigation, and serve the ends ofjustice, a protective order for such 3 information is justified in this matter. It is the intent ofthe parties that information 4 will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part ofthe public record of this case. C. 9 10 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL The parties further acknowledge, as set forth in Section 12.3, below, that this 1 1 Stipulated Protective Order does not entitle them to file confidential information 12 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 13 and the standards that will be applied when a party seeks permission from the court 14 to file material under seal. 15 There is a strong presumption that the public has a right of access to judicial 16 proceedings and records in civil cases. In connection with non-dispositive motions, 17 good cause must be shown to support a filing under seal. See Kamakana v. City and 18 County ofHonolulu,447 F.3d 1172, 1176(9th Cir. 2006),Phillips v. Gen. Motors 19 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 2 Inc., 187 F.R.D. 576,577(E.D. Wis. 1999)(even stipulated protective orders 0 21 require good cause showing), and a specific showing of good cause or compelling 2 reasons with proper evidentiary support and legal justification, must be made with 2 23 respect to Protected Material that a party seeks to file under seal. The parties' mere 2 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 4 25 without the submission of competent evidence by declaration, establishing that the 2 material sought to be filed under seal qualifies as confidential, privileged, or 6 . ~~ . ~ 27 otherwise protectable~onstitute good cause. 28 Further, if a party requests sealing related to a dispositive motion or trial, then a486a2oivi _3_ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E Ca 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 4 of 17 Page ID #:419 1 compelling reasons, not only good cause, for the sealing must be shown, and the 2 relief sought shall be narrowly tailored to serve the specific interest to be protected. 3 See Pintos v. Pacific Creditors Ass'n., 605 F.3d 665,677-79(9th Cir. 2010). For 4 each item or type of information, document, or thing sought to be filed or introduced 5 under seal in connection with a diapositive motion or trial, the party seeking 6 protection must articulate compelling reasons, supported by specific facts and legal 7 justification, for the requested sealing order. Again, competent evidence supporting 8 the application to file documents under seal must be provided by declaration. 9 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 1 1 documents can be redacted, then a redacted version for public viewing, omitting 12 only the confidential, privileged, or otherwise protectable portions ofthe 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: the above captioned pending federal law suit. 17 2.2 Challen~g Party: a Party or Non-Party that challenges the designation 18 of information or items under this Order. 19 2.3 "CONFIDENTIAL"Information or Items: information (regardless of how 20 it is generated, stored or maintained) or tangible things that qualify for protection 21 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 22 Cause Statement. 23 2.4 Counsel: Outside Counsel of Record and House Counsel(as well as their 2 support staffl. 4 25 2.5 Desi~n n~Party: a Pariy or Non-Party that designates information or i~ 26 items that it produces in disclosures or in responses to discovery as ~ ~% 27 "CONFIDENTIAL." 28 2.6 Disclosure or Discovery Material: all items or information, regardless of s48642o~v~ _4_ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E C 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 5 of 17 Page ID #:420 1 the medium or manner in which it is generated, stored, or maintained (including, 2 among other things, testimony, transcripts, and tangible things), that are produced or 3 generated in disclosures or responses to discovery in this matter. 4 2 Expert: a person with specialized knowledge or experience in a matter .7 5 pertinent to the litigation who has been retained by a Party or its counsel to serve as 6 an expert witness or as a consultant in this Action. 2 House Counsel: attorneys who are employees of a party to this Action. .8 House Counsel does not include Outside Counsel of Record or any other outside 9 counsel. 10 2 Non-Party: any natural person, partnership, corporation, association, or .9 1 1 other legal entity not named as a Party to this action. 12 2 Outside Counsel of Record: attorneys who are not employees of a party .10 13 to this Action but are retained to represent or advise a party to this Action and have 14 appeared in this Action on behalf of that party or are affiliated with a law firm which 15 has appeared on behalf ofthat party, and includes support staff. 16 2 etP .11 : any party to this Action, including all of its officers, directors, 17 employees, consultants, retained experts, and Outside Counsel of Record(and their 18 ~ support staffs). 19 2 Producing: a Party or Non-Party that produces Disclosure or .12 2 Discovery Material in this Action. 0 21 2 Professional Vendors: persons or entities that provide litigation support .13 22 services (e.g., photocopying, videotaping, translating, preparing exhibits or 23 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 4 25 .C.? ~ ~ ~ 2 Protected Material: any Disclosure or Discovery Material that is .14 2 ~ designated as "CONFIDENTIAL." 6 27 2 Receiving Party: a Party that receives Disclosure or Discovery Material .15 28 ~ from a Producing Party. sas6a2o~~~ -5STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 6 of 17 Page ID #:421 1 ~ 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 I, I Protected Material(as defined above), but also(1)any information copied or 4 ~ extracted from Protected Material;(2)all copies, excerpts, summaries, or 5 compilations of Protected Material; and(3)any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use ofProtected Material at trial shall be governed by the orders ofthe trial judge. This Order does not govern the use of Protected Material at trial. 4 . 10 DURATION Even after final disposition ofthis litigation, the confidentiality obligations 11 imposed by this Order shall remain in effect until a Designating Party agrees 12'. otherwise in writing or a court order otherwise directs. Final disposition shall be 13 deemed to be the later of(1)dismissal of all claims and defenses in this Action, with 14 or without prejudice; and(2)final judgment herein after the completion and 15 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 16 including the time limits for filing any motions or applications for extension oftime 17 pursuant to applicable law. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Desi ~nating Material for Protection. 2 Each Party or Non-Party that designates information or items for protection under 0 21 this Order must take care to limit any such designation to specific material that 22 qualifies under the appropriate standards. The Designating Party must designate for 23 protection only those parts of material, documents, items, or oral or written 2 communications that qualify so that other portions ofthe material, documents, 4 25 items, or communications for which protection is not warranted are not swept v .~, 2 unjustifiably within the ambit of this Order. 6 27 Mass, indiscriminate, or routinized designations are prohibited. Designations 28 that are shown to be clearly unjustified or that have been made for an improper sag6azo~~i _(_ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E C` 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 7 of 17 Page ID #:422 1 purpose (e.g., to unnecessarily encumber the case development process or to impose 2 ~~ unnecessary expenses and burdens on other parties) may expose the Designating 3 ~~ Party to sanctions. 4 If it comes to a Designating Party's attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 5.2 Manner and Timing of Desi nations. Except as otherwise provided in this 8 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 9 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 10 under this Order must be clearly so designated before the material is disclosed or 1 1 produced. 12 13 Designation in conformity with this Order requires: ( for information in documentary form (e.g., paper or electronic documents, a) 14 but excluding transcripts of depositions or other pretrial or trial proceedings), that 15 the Producing Party affix at a minimum,the legend "CONFIDENTIAL"(hereinafter 16 " CONFIDENTIAL legend"), to each page that contains protected material. If only a 17 portion or portions of the material on a page qualifies for protection, the Producing 18 Party also must clearly identify the protected portions)(e.g., by making appropriate 19 markings in the margins). 2 0 A Party or Non-Party that makes original documents available for inspection 21 need not designate them for protection until after the inspecting Party has indicated 22 which documents it would like copied and produced. During the inspection and 23 before the designation, all ofthe material made available for inspection shall be 2 deemed "CONFIDENTIAL." After the inspecting Party has identified the 4 25 documents it wants copied and produced, the Producing Party must determine which U 2 documents, or portions thereof, qualify for protection under this Order. Then, before 6 27 producing the specified documents, the Producing Party must affix the 28 " CONFIDENTIAL legend" to each page that contains Protected Material. If only a g4s642otvt _~_ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E Ca 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 8 of 17 Page ID #:423 1 portion or portions ofthe material on a page qualifies for protection, the Producing 2 Party also must clearly identify the protected portions)(e.g., by making appropriate 3 markings in the margins) 4 (b)for testimony given in depositions that the Designating Party identifies the 5 Disclosure or Discovery Material on the record, before the close ofthe deposition all 6 protected testimony. 7 (c)for information produced in some form other than documentary and for 8 any other tangible items, that the Producing Party affix in a prominent place on the 9 exterior ofthe container or containers in which the information is stored the legend 10 "CONFIDENTIAL." If only a portion or portions ofthe information warrants 11 protection, the Producing Party, to the extent practicable, shall identify the protected 12 portion(s). 13 5.3 Inadvertent Failures to Designate. Iftimely corrected, an inadvertent 14 failure to designate qualified information or items does not, standing alone, waive 15 the Designating Party's right to secure protection under this Order for such material. 16 Upon timely correction of a designation, the Receiving Party must make reasonable 17 efforts to assure that the material is treated in accordance with the provisions of this 18 Order. 19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 0 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court's 2 Scheduling Order. 2 23 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1 et seq. 4 25 6.3 The burden of persuasion in any such challenge proceeding shall be on the •v 26 Designating Parly. Frivolous challenges, and those made for an improper purpose ~ ~ 27 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 28 expose the Challenging Party to sanctions. Unless the Designating Party has waived s4g642oivl _g_ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E Ca~~ 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 9 of 17 Page ID #:424 1 or withdrawn the confidentiality designation, all parties shall continue to afford the 2 material in question the level of protection to which it is entitled under the 3 Producing Party's designation until the Court rules on the challenge. 4 7 . ACCESS TO AND USE OF PROTECTED MATERIAL 5 7 Basic Principles. A Receiving Party may use Protected Material that is .1 6 disclosed or produced by another Party or by a Non-Party in connection with this 7 Action only for prosecuting, defending, or attempting to settle this Action. Such 8 Protected Material may be disclosed only to the categories of persons and under the 9 ~ conditions described in this Order. When the Action has been terminated, a 10 Receiving Party must comply with the provisions of section 13 below(FINAL 1 1 DISPOSITION). 12 Protected Material must be stored and maintained by a Receiving Party at a 13 ~ location and in a secure manner that ensures that access is limited to the persons 14 authorized under this Order. 15 7 Disclosure of"CONFIDENTIAL" Information or Items. Unless otherwise .2 16 ordered by the court or permitted in writing by the Designating Party, a Receiving 17' Party may disclose any information or item designated "CONFIDENTIAL" only to: 18 ( the Receiving Party's Outside Counsel of Record in this Action, as well as a) 19 employees of said Outside Counsel of Record to whom it is reasonably necessary to 2 ~ disclose the information for this Action; 0 21 ( the officers, directors, and employees (including House Counsel) ofthe b) 22 Receiving Party to whom disclosure is reasonably necessary for this Action; 23 ( Experts(as defined in this Order) ofthe Receiving Party to whom c) 4 2 disclosure is reasonably necessary for this Action and who have signed the 25 " Acknowledgment and Agreement to Be Bound"(E~chibit A); U . ~ Z ~~ C/.~ 2 6 ( the court and its personnel; d) 27 ( court reporters and their staff; e) 28 ( professional jury or trial consultants, mock jurors, and Professional ~ 848642o~vt _9_ PROTECTIVE ORDER STIPULATED Case No. 2:16-cv-09478-R-E 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 10 of 17 Page ID #:425 C 1 ~ Vendors to whom disclosure is reasonably necessary for this Action and who have 2 ~ signed the "Acknowledgment and Agreement to Be Bound"(E~cY~ibit A); 3 ( the author or recipient of a document containing the information or a g) 4 ~ custodian or other person who otherwise possessed or knew the information; 5 ( during their depositions, witnesses, and attorneys for witnesses, in the h) 6 Action to whom disclosure is reasonably necessary provided:(1)the deposing party 7 requests that the witness sign the form attached as Exhibit 1 hereto; and(2)they will 8 not be permitted to keep any confidential information unless they sign the 9 " Acknowledgment and Agreement to Be Bound"(Exhibit A), unless otherwise 10 agreed by the Designating Party or ordered by the court. Pages of transcribed 1 1 deposition testimony or exhibits to depositions that reveal Protected Material may 12 be separately bound by the court reporter and may not be disclosed to anyone except 13' as permitted under this Stipulated Protective Order; and 14 (i) any mediator or settlement officer, and their supporting personnel, 15 mutually agreed upon by any ofthe parties engaged in settlement discussions. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 17 IN OTHER LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation 19 that compels disclosure of any information or items designated in this Action as 2 "CONFIDENTIAL," that Party must: 0 21 ( promptly notify in writing the Designating Party. Such notification shall a) 22 ~ include a copy ofthe subpoena or court order; 23 ( promptly notify in writing the party who caused the subpoena or order to b) 2 ~ issue in the other litigation that some or all of the material covered by the subpoena 4 25 or order is subject to this Protective Order. Such notification shall include a copy of v ,~ ~ ~ 2 this Stipulated Protective Order; and 6 27 ( cooperate with respect to all reasonable procedures sought to be pursued c) 28 ~ by the Designating Party whose Protected Material may be affected. saaba2ot~i -10STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E Cas 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 11 of 17 Page ID #:426 1 If the designating Party timely seeks a protective order, the Party served with 2 the subpoena or court order shall not produce any information designated in this 3 action as "CONFIDENTIAL" before a determination by the court from which the 4 subpoena or order issued, unless the Party has obtained the Designating Party's 5 permission. The Designating Party shall bear the burden and expense of seeking 6 protection in that court of its confidential material and nothing in these provisions 7 should be construed as authorizing or encouraging a Receiving Party in this Action 8 to disobey a lawful directive from another court. 9 9. ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE 10 PRODUCED IN THIS LITIGATION 11 (a)The terms ofthis Order are applicable to information produced by a Non- 12 Party in this Action and designated as "CONFIDENTIAL." Such information 13 produced by Non-Parties in connection with this litigation is protected by the 14 remedies and relief provided by this Order. Nothing in these provisions should be 15 construed as prohibiting allon-Party from seeking additional protections. 16 (b)In the event that a Party is required, by a valid discovery request, to 17 produce allon-Party's confidential information in its possession, and the Party is 18 subject to an agreement with the Non-Party not to produce the Non-Pariy's 19 confidential information, then the Party shall: 2 0 (1)promptly notify in writing the Requesting Party and the Non-Party 21 that some or all ofthe information requested is subject to a confidentiality 2 agreement with allon-Party; 2 23 (2)promptly provide the Non-Party with a copy ofthe Stipulated 2 Protective Order in this Action, the relevant discovery request(s), and a reasonably 4 25 specific description ofthe information requested; and U ~ 26 (3)make the information requested available for inspection by the Non- 27 PartY, if requested. 28 (c)If the Non-Party fails to seek a protective order from this court within 14 8486420I v I _ 1] _ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 12 of 17 Page ID #:427 days of receiving the notice and accompanying information, the Receiving Party 2 may produce the Non-Party's confidential information responsive to the discovery 3 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 4 not produce any information in its possession or control that is subject to the 5 confidentiality agreement with the Non-Party before a determination by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and 7 expense ofseeking protection in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 Protected Material to any person or in any circumstance not authorized under this 1 1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 12 writing the Designating Party ofthe unauthorized disclosures,(b)use its best efforts 13 to retrieve all unauthorized copies ofthe Protected Material,(c)inform the person or 14 persons to whom unauthorized disclosures were made of all the terms of this Order, 15 and(d)request such person or persons to execute the "Acknowledgment and 16 ' Agreement to Be Bound" that is attached hereto as Exhibit A. 17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 18 PROTECTED MATERIAL 19 When a Producing Party gives notice to Receiving Parties that certain 2 inadvertently produced material is subject to a claim of privilege or other protection, 0 21 the obligations ofthe Receiving Parties are those set forth in Federal Rule of Civil 22 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 23 may be established in an e-discovery order that provides for production without 2 prior privilege review. Pursuant to Federal Rule of Evidence 502(d)and (e), insofar 4 25 as the parties reach an agreement on the effect of disclosure of a communication or V . ~ 2 information covered by the attorney-client privilege or work product protection, the 6 27 parties may incorporate their agreement in the stipulated protective order submitted ~ ~ a~ ~1~1 28 to the court. sasba2o~~t -12STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E Cass 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 13 of 17 Page ID #:428 1 12. MISCELLANEOUS 2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 3 person to seek its modification by the Court in the future. 4 12.2 Right to Assert Other Objections. By stipulating to the entry ofthis 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 this 7 Stipulated Protective Order. Similarly, no Party waives any right to object on any 8 ground to use in evidence of any ofthe material covered by this Protective Order 9 12.3 Filin~Protected Material. A Party that seeks to file under seal any 10 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 1 1 only be filed under seal pursuant to a court order authorizing the sealing ofthe 12 specific Protected Material at issue. If a Party's request to file Protected Material 13 under seal is denied by the court, then the Receiving Party may file the information 14~ in the public record unless otherwise instructed by the court. 15 16 13. FINAL DISPOSITION After the final disposition ofthis Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return 18 all Protected Material to the Producing Party or destroy such material. As used in 19 this subdivision,"all Protected Material" includes all copies, abstracts, compilations, 2 summaries, and any other format reproducing or capturing any ofthe Protected 0 21 Material. Whether the Protected Material is returned or destroyed, the Receiving 2 Party must submit a written certification to the Producing Party (and, if not the same 2 23 person or entity, to the Designating Party) by the 60 day deadline that(1)identifies 2 ( category, where appropriate) all the Protected Material that was returned or 4 by 25 destroyed and (2)affirms that the Receiving Pariy has not retained any copies, .~ ~ ~ 2 abstracts, compilations, summaries or any other format reproducing or capturing any 6 27 ofthe Protected Material. Notwithstanding this provision, Counsel are entitled to : ~ retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing s4g6a2otvl _ 13_ STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E C ~ 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 14 of 17 Page ID #:429 1 transcripts, legal memoranda; correspondence, deposition and trial exhibits, expert 2 reports, attorney work product, and consultant and expert work product, even if such 3 materials contain Protected Material. Any such archival copies that contain or 4 constitute Protected Material remain subject to this Protective Order as set forth in 5 Section 4(DURATION). 6 14. Any violation ofthis Order may be punished by any and all appropriate 7 measures including, without limitation, contempt proceedings and/or monetary 8 sanctions 9 IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD. 10 Dated: August 7, 2017 Respectfully submitted, 11 SEDGWICK LLP 12 By:/s/Jason J. Chorlev Martin J. O'Leary Brian D. Harrison Jason J. Chorley Attorneys for Plaintiff FEDERAL INSURANCE COMPANY 13 14 15 16 17 ~ Dated: August 7, 2017 18 Respectfully submitted, JEFFREY S. SHINBROT,APLC 19. By:/s/Je,~~v S. Shinbrot Jeffrey S. Shinbrot, SBN 155486 Jeffrey@shinbrotfirm.com 8200 Wilshire Blvd., Suite 400 Beverly Hills, CA 90211 Telephone: 310.659.5444 Attorneys for Defendant CALIFORNIA METAL DISTRIBUTORS 2 0 21 22 23 2 4 25 U 2 6 ~~ , 27 28 Isas6a2o~~t -14STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E ~ 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 15 of 17 Page ID #:430 L 1 Dated: August 7, 2017 Respectfully submitted, 2 FERRUZZO & FERRUZZO,LLP 3 By:/s/James F. Rumm Gregory J. Ferruzzo, SBN 165782 g ferruzzo~aferruzzo.com James F. Rumm,SBN 224412 4 5 j rumm ~aferruzzo.com 61 3737 Birch Street, Suite 400 Newport Beach, California 92660 Telephone: 949.608.6900 Attorneys for Defendant WOLF METALS,INC. 7 8 9 10 Dated: August 7, 2017 Respectfully submitted, 11 THOMAS W.KIELTY 12 By:/s/ Thomas W. Kielty Thomas W. Kielty, SBN 164186 tomkielty@earthlink.net 4640 Admiralty Way, Suite 500 Marina Del Rey, CA 90292 Telephone: 310.393.0515 13 14 15 16 17 Attorneys for Defendant DOUGLASCONRADO 18 19 2 0 21 FOR GOOD CAUSE SHOWN,IT IS SO ORDERED. 22 DATED: ~ 23 2 4 25 CU .~, ~ ~ HON. CHARLES F. EICK United States Magistrate Judge 2 6 27 28 aaaba2o~~t -15STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E C 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 16 of 17 Page ID #:431 1 I Attestation Pursuant to Local Rule 5-4.3.4(a)(2)(i), I, Jason J. Chorley, attest that all other 2 signatories listed herein, and on whose behalf this filing is being submitted, concur 3 in this filing's content and have authorized the filing. 4 5 ~ Dated: August 7, 2017 6 SEDGWICK LLP By:/s/Jason J. Chorlev Martin J. O'Leary Brian D. Harrison Jason J. Chorley Attorneys for Plaintiff FEDERAL INSURANCE COMPANY 7 8 9 10 11 12 13 14 15 16 17 18 19', 2 0 21 22 23 2 4 25 v •~ 26 ~ ~ 27 28 ~ sasba2ot~~ -16STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E 2:16-cv-09478-R-E Document 53 Filed 08/07/17 Page 17 of 17 Page ID #:432 1 L'VLiiDiT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I , 4 [print or type full name], of [ 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 ofFederal Insurance Company v. California Metal 8 Distributors, Case No. 2:16-cv-09478-R-E . I agree to comply with and to be bound 9 by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 1 1 in the nature ofcontempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction ofthe United States District Court 15 f the Central District of California for enforcing the terms of this Stipulated or 16 Protective Order, even if such enforcement proceedings occur after termination of 17 this action. 18 I hereby appoint [print or type full name]of 19 [ print or type full address and 2 telephone number] as my California agent for service of process in connection with 0 21 this action or any proceedings related to enforcement of this Stipulated Protective 22 Order. 23 Date: 2 City and State where sworn and signed: 4 25 Printed name: .~ 26 Signature: ~ 27 ~ 28 aaa6a2oi~i -17STIPULATED PROTECTIVE ORDER Case No. 2:16-cv-09478-R-E

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