Yafit Yacoby v. Travelers Commercial Insurance Company

Filing 11

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 10 . ***** NOTE CHANGES MADE BY THE COURT. ***** SEE ORDER FOR DETAILS. ***** (mp)

Case 2:17-cv-06132-SV~v-AGR Document 10 Filed 11/07/17 Page 1 of 8 Page ID #:50

EDWARD P. MURPHY (State Bar No. 182778)
2 FORAN GLENNON PALANDECH
PONZI & RUDLOFF PC
3 2000 Powell Street, Suite 900
Emeryville, California 94608
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Telephone: [phone]
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Attorneys for Defendant TRAVELERS
COMMERCIAL INSIIR.ANCE COMPANY

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UNITED STATES DISTRICT COURT OF CALIFORNIA

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CENTRAL DISTRICT OF CALIFORNIA

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YAFIT YACOBY,an individual,

No. 2:17-CV-06132-SV W-AGR

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STIPULATION AND
PROTECTIVE ORDER

Plaintiff,

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Complaint Filed: 07/26/17
Trial Date:
None Set

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TRAVELERS COMMERCIAL
INSURANCE COMPANY,and
DOES 1 to 20, inclusive;

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Defendants.

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WHEREAS each of the parties to the above captioned matter submit that

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certain documents and information sought in connection with discovery in the Action

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may contain confidential, private, personal or financial information that is not

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otherwise available to the public ("Confidential Information");

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WHEREAS the parties wish to engage in full discovery without impinging on
legitimate confidential and private interests;

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STIPULATION &PROTECTIVE ORDER
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Case 2:17-cv-06132-SVW-AGR Document 10 Filed 11/07/17 Page 2 of 8 Page ID #:51

AND WHEREAS good cause exists for entry of this Stipulation and Protective
Order;
IT IS THEREFORE STIPULATED,AGREED AND ORDERED that:
1. Confidential Information.
The parties to this litigation may designate as "CONFIDENTIAL" any
document, testimony, information or material ("Confidential Information")
disclosed through formal or informal discovery or otherwise in the course of this
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litigation as hereinafter set forth in subsections (a),(b), and (c)of this section. Such
designation shall subject the information produced or provided under said

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designation to the provisions of this Order. All or any portion of any documents,

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transcripts, writings or recordings of any sort which substantially quote or

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paraphrase information regarding the Confidential Information shall also be deemed

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CONFIDENTIAL" and subject to the terms and conditions of this Order. The
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parties shall act in good faith and on a reasonable basis when designating material

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CONFIDENTIAL."
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( Any writing produced by any party or person in this litigation may be
a)
designated as "CONFIDENTIAL" by any of the parties to this litigation by
stamping the word "CONFIDENTIAL" on the face of the writing.
Alternatively, a party may designate any writing as "CONFIDENTIAL" by
identifying any such document by bates number and designating it as
"
CONFIDENTIAL" in a letter to the opposing party(s)' counsel submitted
with or prior to the production of such document.
( At the deposition, any party to this litigation may designate deposition
b)
testimony or any portion of deposition testimony as "CONFIDENTIAL" by
advising the reporter and counsel of such designation. All transcripts of
depositions and deposition e~chibits, and all information addressed in
deposition, shall be treated in their entirety as Confidential Information for
twenty (20) business days after such transcripts and exhibits are actually
received by counsel for each party. During the twenty (20) day period or
thereafter, any party may designate deposition testimony or any portion of
deposition testimony as "CONFIDENTIAL" by advising counsel of such
designation. Portions of any deposition designated "CONFIDENTIAL"
which are to be filed with the Court shall be filed under seal, bearing
STIPULATION &PROTECTIVE ORDER
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Case 2:17-cv-06132-SVW-AGR Document 10 Filed 11/07/17 Page 3 of 8 Page ID #:52

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substantially the following designation: "Portions of this deposition were
taken subject to a Confidentiality Agreement. These portions shall remain
sealed until further agreement of the parties." Whenever any writing
designated as "CONFIDENTIAL" is identified as an exhibit in connection
with testimony given in this case, it shall be so marked and separately filed
under seal with the Court.
( Any party to this litigation may designate specific responses to information
c)
requests, including requests for production responses and interrogatory
answers, "CONFIDENTIAL" by labeling the specific response
"
CONFIDENTIAL."

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2 Filing Under Seal.
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Whenever any Confidential Information is used or submitted to the Court in
conjunction with any filing or proceedin~.g in this litigation, it shall be so marked and
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shall be filed s~~~a~a~l~under seal with the Court. Where possible, only

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CONFIDENTIAL" portions of filings with the Court shall be filed under seal. Any

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documents to be filed under seal must comply with Civil Local Rule 79-5.

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3. Access to Confidential Information.

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Information shall be held in strict confidence and shall be used solely for the

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purposes of prosecution or defense of this litigation. Access to Confidential

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Information shall be limited to:

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Except upon prior written consent of the party asserting "CONFIDENTIAL"
treatment or upon further order of a court of competent jurisdiction, Confidential

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( the Court, including any Court personnel assisting the Court, stenographers or
a)
other persons involved in taking or transcribing court or deposition testimony
in this action, and members of the jury;
( the parties, attorneys representing the parties and paralegal, clerical and
b)
secretarial employees of such attorneys ;
( the officers, directors, agents or employees of the parties participating in the
c)
prosecution, defense, settlement or other disposition of this action;
( mediators, consultants, experts or litigation support services, including
d)
outside copying services, retained by a party for the purpose of assisting that
STIPULATION &PROTECTIVE ORDER
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Case 2:17-cv-06132-SVW-AGR Document 10 Filed 11/07/17 Page 4 of 8 Page ID #:53

party in this action provided such persons agree in writing to abide and be
bound by the terms of this Order in the form attached as Exhibit A;
(e) potential witnesses provided such persons agree in writing to abide and be
bound by the terms of this Order in the form attached hereto as Exhibit A;
(~ any person who is an author, addressee or recipient of, or who previously had
access to, the Confidential Information;
(g) deposition witnesses who agree in writing to abide by and be bound by the
terms of this Order in the form attached hereto as E~ibit A;
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(h) any other person as to whom the party that designated the document or
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nformation as Confidential has consented to disclosure in advance; and
(i) any other person designated by the Court.

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Notwithstanding any provision in this Order, a party may disclose or make
Confidential Information available to regulators with supervisory authority over that

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party, and external auditors and reinsurers of that party who have a business need
for that Confidential Information.
4. Inadvertent Disclosure.

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I any party inadvertently produces or discloses any Confidential Information
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without marking it as "CONFIDENTIAL", that party may give notice to the

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accordance with the terms of this Order, and shall forward appropriately stamped

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copies of the items in question or otherwise follow the procedures in this Order for

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designating such information as "CONFIDENTIAL". Within five (5) days of the

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receipt of substitute copies, and upon request, the receiving party (at the expense of

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the party that inadvertently produced the Confidential Information) shall return the

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previously unmarked items and all copies thereof. Inadvertent disclosure shall not

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be deemed a waiver of confidentiality.

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5. Copying and Storage of Confidential Information.

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No party shall, for itself or for any other person or persons, make more copies

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of any Confidential Information than are reasonably necessary to conduct this

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litigation. Except as otherwise provided in this Order, all Confidential Information
STIPULATION &PROTECTIVE ORDER
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shall remain in possession of counsel for the respective parties or the parties
themselves, and be stored in a secure place.
6 Challenges to Confidential Designations.
.
If any party to this litigation objects to the designation of any document,
testimony, information or material as "CONFIDENTIAL," the party may, by
noticed motion, apply to the Court for a ruling that the document, testimony,
information or material shall not be so treated. The burden shall remain with the
party seeking confidentiality to justify such designation. Unless and until the Court
enters an order to the contrary, the document, testimony, information or material
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shall be given the "CONFIDENTIAL" treatment initially assigned to them and as

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provided for in this Order.

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7 Use of Confidential Information.
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Should any party hereto seek to utilize any Confidential Information ate,..
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deposition or a1hearing in this matter, that party shall meet with counsel for the other

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parties in an effort to agree upon a procedure to insure the confidentiality of such
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Confidential Information.

become u.b-~.'~ ax~~e.,~,t a ~epux~ate Ceu~-~ order' ~.po+~►. v~o~+;~,. and, a
su-FF'G'ent she~ri
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S. Procedures Upon ~rmination of Action.

Within thirty (30) business days following any final settlement or the running

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of any applicable time to appeal the final order entered in this litigation, all parties

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shall either (i) return to the person who produced such materials all copies of all

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Confidential Information obtained in this action or (ii) certify to that person that all

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such Confidential Information has been destroyed, except that counsel for each party

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may retain in its files one copy of each pleading, brief or document filed with the

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Court, and deposition and trial transcripts and exhibits thereto, and correspondence,

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subject to the provisions of this Confidentiality Agreement. £spies-e€-,.Y
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STIPULATION &PROTECTIVE ORDER
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9 Efforts by Non-Parties to Obtain Confidential Information
.
Ifany party has obtained Confidential Information under the terms of this
Order and receives a subpoena or other compulsory process from anon-party
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commanding the production of such Confidential Information, such party shall use

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reasonable efforts to promptly notify the party that designated the Confidential

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Information as "CONFIDENTIAL." The party receiving the subpoena or other

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process may thereafter produce the Confidential Information in compliance with the

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subpoena or other process unless the designating party quashes the subpoena or

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otherwise obtains an order releasing the receiving party from the obligation to

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produce the Confidential Information.
10. Improper Disclosure.

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If any party discloses Confidential Information to any person other than in a
manner authorized by this Order, that party shall promptly inform the party that
provided the Confidential Information about the disclosure, shall endeavor in good

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faith to retrieve such Confidential Information and prevent its further disclosure.

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1 1. Effect of Order.

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This Order shall not affect the right of any party or non-party to oppose

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production of documents or other information on any ground permitted by the Rules

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of Civil Procedure, including any applicable privilege. Moreover, this Order shall

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not affect the scope of discovery by any party under the Rules of Civil Procedure or

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the admissibility of any evidence in this action.

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12. Application to Court.

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Any interested party may apply to the Court for an order permitting the

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disclosure of any Confidential Information or for an order modifying or limiting this

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Order in any respect.

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13. Continuing Jurisdiction.

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All provisions ofthis Order shall continue to be binding after the conclusion
ofthis action unless subsequently modified by agreement between the parties or
STIPULATION &PROTECTIVE ORDER
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Case 2:17-cv-06132-SWV-AGR Document 10 Filed 11/07/17 Page 7 of 8 Page ID #:56

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WE HEREBY AGREE AND CONSENT to the terms ofthis Stipulation and

, Protective Order:
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Dated: November ~ ,2017 LOSH & KHOSHLESAN,LLP

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Dated: November ,2017 FORAN GLENNON PALANDECH PONZI
& RUDLOFF PC

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By:

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Atto~rn~ey~ for Defendant'~'RA LERS
COMMERCIAL INSURANCE COMPANY

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APPROVED AND SO ORDERED:

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DATED:. ~~Y. q

,2017

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V~/l.~t.-~.C~L.

THE HONORABLE MAGIS
G ROSENBERG
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STIPULATION & PROTECTNE ORDER
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TE ALICIA

Case 2:17-cv-06132-SVW-AGR Document 10 Filed 11/07/17 Page 8 of 8 Page ID #:57

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order ofthe Court and the Court shall retain jurisdiction of this matter for the

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purpose of enforcing this Order.

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WE HEREBY AGREE AND CONSENT to the terms of this Stipulation and
Protective Order:

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Dated: November ,2017 LOSH & KHOSHLESAN,LLP

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By:

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Attorneys for Plaintiffs Yl~FIT ACOBY
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Dated: November,2017 FORAN GLENNON PALANDECH PONZI
& RUDLO PC

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Attorne for Defendant RA ELERS
RCIAL INSURANCE COMPANY
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APPROVED AND SO ORDERED:

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DATED:

,2017

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THE HONORABLE MAGISTRATE ALICIA
G
.ROSENBERG

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STIPULATION &PROTECTIVE ORDER
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