Marta Bonnin v. Unum Life Insurance Company of America et al

Filing 36

STIPULATED AGREEMENT AND PROTECTIVE ORDER FOR CONFIDENTIALITY OF INFORMATION by Magistrate Judge Jacqueline Chooljian. re Stipulation for Protective Order 35 . (sbou)

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Linda M. Lawson (Bar No. 77130) 1 llawson@mmhllp.com Kristin Kyle de Bautista (Bar No. 221750) 2 kkyle@mmhllp.com MESERVE, MUMPER & HUGHES LLP 3 800 Wilshire Boulevard, Suite 500 Los Angeles, California 90017-2611 4 Telephone: (213) 620-0300 Facsimile: (213) 625-1930 5 Attorneys for Defendant 6 UNUM LIFE INSURANCE COMPANY OF AMERICA 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 MARTA BONNIN, ) ) Plaintiff, ) ) vs. ) ) UNUM LIFE INSURANCE COMPANY ) OF AMERICA; HINDERLITER, ) DELLAMAS & ASSOCIATES PLAN, ) ) Defendants. ) ) Case No. 2:17-cv-04513-JAK (JCx) STIPULATED AGREEMENT AND PROTECTIVE ORDER FOR CONFIDENTIALITY OF INFORMATION Judge: Hon. John A. Kronstadt Complaint Filed: June 19, 2017 17 To expedite the flow of discovery material, facilitate the prompt resolution of 18 19 dispute over confidentiality, and pursuant to the stipulation of the parties, by and 20 through their counsel of record, with good cause shown, IT IS HEREBY 21 ORDERED: 1. 22 “Confidential” Materials. “Confidential” materials are documents or 23 information so designated by the producing party. A party disclosing or producing 24 the information, documents or things, that it believes to be “Confidential” may 25 designate the same as “Confidential” or by using some similar designation, or by 26 designating in writing (by correspondence or otherwise) that some or all documents 27 produced are “Confidential.” A party shall make the designation of “Confidential” LAW OFFICES MESERVE, MUMPER & HUGHES LLP 28 only as to material which that party reasonably and in good faith believes is Case No. 2:17-cv-04513-JAK (JCx) 1 STIPULATED AGREEMENT AND 163870.1 PROTECTIVE ORDER 1 confidential and entitled to protection under applicable law. Any such designation 2 shall be made at the time answers to interrogatories or answers to requests for 3 production are served; or at the time that tangible things or copies of the documents 4 are furnished to a party conducting such discovery. If upon review any party 5 believes that any documents, information, or tangible items designated by a 6 designating party are not “Confidential” as defined herein above, then the party may 7 challenge such designation under the procedures set forth in paragraph 12 below. If timely corrected, an inadvertent failure to designate qualified information or 8 9 items as “Confidential” does not, standing alone, waive the Designating Party’s right 10 to secure protection under this Order for such material. If material is appropriately 11 designated as “Confidential” after the material was initially produced, the Receiving 12 Party, on timely notification of the designation, must make reasonable efforts to 13 assure that the material is treated in accordance with the provision of this Order. 2. 14 Scope of “Confidential” Designation. The special treatment accorded 15 the documents designated “Confidential” under this Order shall reach: 16 (a) All documents designated “Confidential” under the terms of this Order; 17 (b) All copies of such documents; 18 (c) Any deposition transcript or exhibit, or portion thereof, that discusses such documents; 19 (d) 20 Any portion of any discovery answer or response, affidavit, declaration, 21 brief or other paper, filed with the Court, or as an exhibit to such paper 22 that discusses such documents. (e) 23 Any deposition transcript or portion thereof that is designated “Confidential” under the terms of this Order; and 24 25 (f) All information contained in such documents or depositions. 26 3. Restrictions on Disclosure of “Confidential” Materials. Except with 27 written prior consent of all parties and except as provided elsewhere in this Order, all LAW OFFICES MESERVE, MUMPER & HUGHES LLP 28 materials produced in this suit that are designated “Confidential” shall be used solely Case No. 2:17-cv-04513-JAK (JCx) 2 STIPULATED AGREEMENT AND 163870.1 PROTECTIVE ORDER 1 for the preparation and trial of this suit (including any appeals and retrials), and shall 2 not be used for any other purpose, including business, governmental or commercial, 3 or in any other administrative, arbitration or judicial proceedings or actions. 4 Materials designated “Confidential,” and all information in them, may not be 5 disclosed, divulged, revealed, described, paraphrased, quoted, transmitted, 6 disseminated or otherwise communicated to any person other than: 7 (a) The parties to this litigation or Court personnel; 8 (b) Counsel for parties in this suit; 9 (c) Secretaries, paralegal assistants, and all other employees of such counsel who are assisting in the prosecution and/or defense of this suit; 10 (d) 11 Actual or potential deposition or trial witnesses to testify concerning the suit; 12 (e) 13 Outside consultants and experts retained for the purposes of assisting counsel and the parties in the prosecution and/or defense of this suit. 14 4. 15 Certification of Compliance. No person authorized to receive access to 16 “Confidential” materials under the terms of this Order (except for those persons 17 identified in paragraph 3(a)-(c) of this Order) shall be granted access to them until 18 such person has read this Order and agreed in writing to be bound by it pursuant to 19 the form attached to the Order as Exhibit 1. These written agreements (in the form of 20 Exhibit 1) shall be maintained by counsel for the parties and made available upon 21 Order of the Court to any party. 5. 22 Use of “Confidential” Materials at Depositions. Any “Confidential” 23 materials marked as deposition exhibits shall be sealed separately from the remainder 24 of the deposition transcript and exhibits. When a party uses or refers to 25 “Confidential” materials at a deposition, at the request of the party asserting 26 confidentiality, the portion of the deposition transcript that relates to such documents 27 or information shall be stamped “Confidential” and sealed separately from the 28 LAW OFFICES 3 MESERVE, MUMPER & HUGHES LLP 163870.1 Case No. 2:17-cv-04513-JAK (JCx) STIPULATED AGREEMENT AND PROTECTIVE ORDER 1 remainder of the transcript, and shall be treated as “Confidential” under the 2 provisions of this Order. 6. 3 Designating Portions of the Deposition Transcripts Confidential. Any 4 party may, within thirty (30) days after receiving a deposition transcript, designate 5 portions of the transcript, or exhibits to it, as being “Confidential.” Confidential 6 deposition testimony or exhibits may be designated by stamping the exhibits 7 “Confidential,” or by underlining the portions of the pages that are confidential and 8 stamping such pages “Confidential.” Until expiration of the 30-day period, the entire 9 deposition transcript, and all exhibits to it, will be treated as confidential under the 10 provisions of this Order. If no party timely designates testimony or exhibits from a 11 deposition as being “Confidential,” none of the deposition testimony or exhibits will 12 be treated as confidential. If a timely “confidential” designation is made, the 13 confidential portions and exhibits shall be sealed separately from the remaining 14 portions of the deposition, subject to the right of any party to challenge such 15 designation under paragraph 12. 7. 16 Use of “Confidential” Materials in Papers Filed with the Court. 17 Materials designated “Confidential,” and all information in them, may be discussed 18 or referred to in pleadings, motions, affidavits, briefs or other papers filed with the 19 Court, or attached as exhibits to them, provided that such “Confidential” materials 20 and information, and any portion of any paper filed with the Court that discusses or 21 refers to them, are stamped “Confidential” and separately filed in accordance with 22 paragraph 8 of this Order. 8. 23 Use of “Confidential” Materials in Court. Materials designated 24 “Confidential,” and all information in them or derived from them, may be used or 25 offered into evidence at the trial of this suit, or at any hearing in this litigation, 26 provided that when using “Confidential” materials in Court, counsel for the party 27 using the “Confidential” materials shall take steps to insure against inadvertent LAW OFFICES MESERVE, MUMPER & HUGHES LLP 28 disclosure of the “Confidential” materials to persons not subject to this Order. Case No. 2:17-cv-04513-JAK (JCx) 4 STIPULATED AGREEMENT AND 163870.1 PROTECTIVE ORDER If any party desires that materials, which are confidential and/or contain 1 2 confidential information be filed with the Court, at least three (3) days before seeking 3 to file materials under seal, that party shall first confer with the person who 4 designated the material confidential in an attempt to minimize the need for filing 5 under seal by means of a redaction. If the material cannot be suitably redacted by 6 agreement, the party may file an application for leave to file under seal pursuant to 7 Central District of California Local Rule 79-5. The parties shall comply with all 8 requirements of Local Rule 79-5, including but not limited to the submission of 9 supporting declaration(s) and supporting documentation. Pursuant to Central District 10 of California Local Rule 5.2.2(b)(i), the declaration and proposed material for 11 consideration will be closed to public inspection. 9. 12 Non-Termination and Return of Materials. The provisions of this Order 13 shall continue to apply to all “Confidential” materials and information after this suit 14 has been terminated. Upon termination of this suit, including all appeals, the parties 15 shall return all “Confidential” materials to the producing party. Alternatively, the 16 parties and/or any producing party may agree in writing on appropriate methods of 17 destruction. 10. 18 No Admissions. Nothing contained in this Order, nor any action taken 19 in compliance with it, shall operate as an admission by any party that a particular 20 document or information (1) is, or is not, confidential; (2) is, or is not, admissible 21 into evidence for any purpose; and (3) is, or is not, subject to inclusion in any 22 “administrative record” filed in this cause. 11. 23 Interim Protection. “Confidential” materials produced by any party in 24 response to discovery requests served after the filing of the complaint in this suit and 25 prior to the entry of this Order by the Court shall be subject to the provisions of this 26 Order to the same extent as if this Order has been entered by the Court, unless the 27 Court directs otherwise. 28 LAW OFFICES 5 MESERVE, MUMPER & HUGHES LLP 163870.1 Case No. 2:17-cv-04513-JAK (JCx) STIPULATED AGREEMENT AND PROTECTIVE ORDER 12. 1 Procedures for Challenging “Confidential” Designation. If upon review 2 any party believes that any materials, information or tangible items designated by a 3 designating party are not “Confidential,” then the party may challenge the 4 designation by providing written notice to the designating party within thirty (30) 5 days of receipt of the material, information or tangible item, of the challenging 6 party’s request to meet and confer on the disputed material. The written notice must 7 specifically identify the challenged materials, information or tangible items by bates 8 numbered pages where available. The opposing party shall participate in a good 9 faith effort to meet and confer within ten (10) days of after service by the challenging 10 party of its written notice, pursuant to Central District of California Local Rule 37-1. 11 If the parties are unable to resolved their differences, they shall both formulate a 12 written stipulation containing all issues in dispute and signed by both counsel 13 pursuant to Central District of California Local Rule 37-2, 37-2.1, 37-2.2 and 37-2.4. 14 The stipulation shall be submitted to the Court with a notice of motion pursuant to 15 Central District of California Local Rule 37-2. Each party may file a supplemental 16 memorandum pursuant to Central District of California Local Rule 37.2.3, and the 17 matter shall be noticed for hearing pursuant to Central District of California Local 18 Rule 37-3. The failure of any party to comply with the Local Rules 37-1 through 3719 3 may result in the imposition of sanctions pursuant to Central District of California 20 Local Rule 37-4. 13. 21 By stipulating to the entry of this Protective Order no party waives any 22 right it otherwise would have to object to disclosing or producing any information or 23 item on any ground not addressed in this Stipulated Protective Order. Similarly, no 24 party waives any right to object on any ground to use in evidence of any of the 25 material covered by this Protective Order. 26 / / / 27 / / / 28 / / / LAW OFFICES 6 MESERVE, MUMPER & HUGHES LLP 163870.1 Case No. 2:17-cv-04513-JAK (JCx) STIPULATED AGREEMENT AND PROTECTIVE ORDER 1 IT IS SO STIPULATED 2 3 Dated: June 11, 2018 4 5 Glenn R. Kantor Corinne Chandler Mitchell O. Hefter KANTOR & KANTOR, LLP 6 7 By: 8 9 10 Dated: June 11, 2018 11 /s/ Corinne Chandler Corinne Chandler Attorneys for Plaintiff MARTA BONNIN Linda M. Lawson Kristin Kyle de Bautista MESERVE, MUMPER & HUGHES LLP 12 13 By: 14 15 16 /s/ Kristin Kyle de Bautista Kristin Kyle de Bautista Attorneys for Defendant UNUM LIFE INSURANCE COMPANY OF AMERICA ECF CERTIFICATION 17 The filing attorney attests that she has obtained concurrence regarding the 18 19 filing of this document from the signatories to this document. 20 21 22 IT IS SO ORDERED. 23 24 Dated: June 11, 2018 25 __________/s/______________________ Hon. Jacqueline Chooljian U.S. Magistrate Judge 26 27 28 LAW OFFICES 7 MESERVE, MUMPER & HUGHES LLP 163870.1 Case No. 2:17-cv-04513-JAK (JCx) STIPULATED AGREEMENT AND PROTECTIVE ORDER 1 Exhibit 1 2 3 UNITED STATES DISTRICT COURT 4 CENTRAL DISTRICT OF CALIFORNIA 5 6 MARTA BONNIN, Case No. 2:17-cv-04513-JAK (JCx) 7 STIPULATED AGREEMENT AND PROTECTIVE ORDER FOR CONFIDENTIALITY OF INFORMATION 8 9 10 11 12 ) ) Plaintiff, ) ) vs. ) ) UNUM LIFE INSURANCE COMPANY ) OF AMERICA; HINDERLITER, ) DELLAMAS & ASSOCIATES PLAN, ) ) Defendants. ) ) 13 Judge: Hon. John A. Kronstadt Complaint Filed: June 19, 2017 ACKNOWLEDGEMENT OF PROTECTIVE ORDER AND AGREEMENT TO BE BOUND 14 15 16 In consideration of the disclosure to me of certain information which is subject 17 to a Protective order of this Court I state as follows: 18 1. 19 and That I reside at ____________________________________, in the city county of ___________________ and the state of 20 __________________________. 21 2. That I have read and understand the Protective Order dated June 11, 22 2018, entered into in the above styled civil action (the “Action”); 23 3. That I agree to comply with and be bound by the provisions of the 24 Protective Order; 25 4. That I will not divulge to persons other than those specifically 26 authorized by paragraph 3 of the Protective Order, and will not copy or use, except 27 solely for the purposes of this Action, any confidential document or information as LAW OFFICES MESERVE, MUMPER & HUGHES LLP 28 defined by the Protective order, except as provided herein. Case No. 2:17-cv-04513-JAK (JCx) 8 STIPULATED AGREEMENT AND 163870.1 PROTECTIVE ORDER 5. 1 That I understand that if I violate the terms of the Protective order, I 2 may be subject to an enforcement proceeding before this Court, including an 3 application to have me held in contempt; and 6. 4 That I agree to submit myself to the personal jurisdiction of this Court in 5 connection with any proceedings seeking enforcement of the Protective Order. I declare under penalty of perjury under the laws of the State of California that 6 7 the foregoing is true and correct. Executed this _________ day of _____________, 8 20__, at _______________________[City], ___________________[State]. 9 ________________________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES 9 MESERVE, MUMPER & HUGHES LLP 163870.1 Case No. 2:17-cv-04513-JAK (JCx) STIPULATED AGREEMENT AND PROTECTIVE ORDER

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