Mika Fleming v. Liberty Mutual Fire Insurance Company

Filing 15

STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order 14 . See order for details. (hr)

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 2 FRANK FALZETTA, Cal. Bar No. 125146 3 ffalzetta@sheppardmullin.com 333 South Hope Street, 43rd Floor 4 Los Angeles, California 90071-1422 Telephone: 213.620.1780 5 Facsimile: 213.620.1398 6 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 7 JEFFREY S. CROWE, Cal. Bar No. 216055 8 jcrowe@sheppardmullin.com 650 Town Center Drive, 4th Floor 9 Costa Mesa, California 92626-1993 Telephone: 714.513.5100 10 Facsimile: 714.513.5130 11 Attorneys for Defendant LIBERTY MUTUAL FIRE INSURANCE COMPANY (erroneously sued as “Liberty Mutual 12 Insurance” and as corrected by Plaintiff’s Amendment to Complaint filed 9/13/2017) 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 17 MIKA FLEMING, an individual, Plaintiff, 18 v. 19 20 LIBERTY MUTUAL INSURANCE, a Massachusetts Corporation; and DOES 21 1 through 50, inclusive, Case No. 2:17-cv-06971 DSF (RAOx) DISCOVERY MATTER STIPULATED PROTECTIVE ORDER1 Defendants. 22 23 24 25 26 27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Rozella A. Oliver’s Procedures. SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 Plaintiff Mika Fleming and defendant Liberty Mutual Fire Insurance 2 Company, by and through their respective attorneys of record, hereby enter into this 3 stipulation and respectfully request this Court’s entry of the following Protective 4 Order, pursuant to Rules 26(c) and 29(b) of the Federal Rules of Civil Procedure, 5 and Local Rule 7-1: 6 7 I. A. 8 Discovery in this action is likely to involve production of confidential, PURPOSES AND LIMITATIONS 9 proprietary and/or private information for which special protection from public 10 disclosure and from use for any purpose other than this litigation may be warranted. 11 Accordingly, the parties hereby stipulate to and petition the Court to enter the 12 following Stipulated Protective Order. The parties acknowledge that this Order does 13 not confer blanket protections on all disclosures or responses to discovery and that 14 the protection it affords from public disclosure and use extends only to the limited 15 information or items that are entitled to confidential treatment under the applicable 16 legal principles. 17 18 B. 19 This action involves an underlying insurance claim and personal injury GOOD CAUSE STATEMENT 20 lawsuit against Liberty Mutual’s insureds arising from a car accident. Plaintiff Mika 21 Fleming now asserts breach of contract and insurance bad faith claims against 22 Liberty Mutual as an assignee of one of those insureds. 23 Thus, this action will involve commercial, financial and/or proprietary 24 information, personal and confidential information of Liberty Mutual’s insureds and 25 other third-parties pertaining to the accident and personal injury lawsuit, and 26 personal medical and health information, for which special protection from public 27 disclosure and from use for any purpose other than this action is warranted. Such 28 confidential and proprietary materials and information may consist of, among other -1SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 things, (i) confidential business or financial information, (ii) confidential business 2 practices, (iii) confidential underwriting information including, without limitation, 3 personal identifying information of Liberty Mutual’s insureds, (iv) information 4 about personal, private insurance claims, medical and emotional health, and (v) 5 information otherwise generally unavailable to the public, or which may be 6 privileged or otherwise protected from disclosure under state or federal statutes, 7 court rules, case decisions, or common law, including, without limitation, Insurance 8 Code sections 791, et seq. -- California’s Insurance Information and Privacy 9 Protection Act. 10 By way of example, Plaintiff has asked Liberty Mutual to produce 11 underwriting documents pertaining to the subject personal auto liability policy 12 issued to its insureds and Liberty Mutual’s claim file pertaining to the subject car 13 accident and personal injury lawsuit. Those materials contain personal identifying 14 and medical information of Liberty Mutual’s insureds, and they also contain 15 confidential business information about Liberty Mutual’s premium pricing models 16 and calculations. Plaintiff may also propound other written discovery and/or seek 17 deposition testimony relating to information in these documents. Absent a 18 Protective Order barring public dissemination of this information: (i) Liberty 19 Mutual risks serious competitive disadvantage, as competitors could access its 20 pricing models and other proprietary business information to lure away current and 21 potential customers; and (ii) Liberty Mutual’s insureds and other third-parties also 22 risk disclosure of personal identifying or other confidential, personal information. 23 Accordingly, to expedite the flow of information, to facilitate the prompt 24 resolution of disputes over confidentiality of discovery materials, to adequately 25 protect information the parties are entitled to keep confidential, to ensure that the 26 parties are permitted reasonable necessary uses of such material in preparation for 27 and in the conduct of trial, to address their handling at the end of litigation, and to 28 serve the ends of justice, a Protective Order for such information is justified in this -2SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 matter. It is the intent of the parties that information will not be designated as 2 confidential for tactical reasons and that nothing be so designated without a good 3 faith belief that it has been maintained in a confidential, non-public manner, and 4 there is good cause why it should not be part of the public record of this case. 5 6 C. 7 8 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL The parties further acknowledge, as set forth in Section 12.3, below, that this 9 Stipulated Protective Order does not entitle them to file confidential information 10 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 11 and the standards that will be applied when a party seeks permission from the court 12 to file material under seal. 13 There is a strong presumption that the public has a right of access to judicial 14 proceedings and records in civil cases. In connection with non-dispositive motions, 15 good cause must be shown to support a filing under seal. See Kamakana v. City and 16 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 17 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 18 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 19 require good cause showing), and a specific showing of good cause or compelling 20 reasons with proper evidentiary support and legal justification, must be made with 21 respect to Protected Material that a party seeks to file under seal. The parties’ mere 22 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 23 without the submission of competent evidence by declaration, establishing that the 24 material sought to be filed under seal qualifies as confidential, privileged, or 25 otherwise protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, then 27 compelling reasons, not only good cause, for the sealing must be shown, and the 28 relief sought shall be narrowly tailored to serve the specific interest to be protected. -3SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 2 each item or type of information, document, or thing sought to be filed or introduced 3 under seal in connection with a dispositive motion or trial, the party seeking 4 protection must articulate compelling reasons, supported by specific facts and legal 5 justification, for the requested sealing order. Again, competent evidence supporting 6 the application to file documents under seal must be provided by declaration. 7 Any document that is not confidential, privileged, or otherwise protectable in 8 its entirety will not be filed under seal if the confidential portions can be redacted. 9 If documents can be redacted, then a redacted version for public viewing, omitting 10 only the confidential, privileged, or otherwise protectable portions of the document, 11 shall be filed. Any application that seeks to file documents under seal in their 12 entirety should include an explanation of why redaction is not feasible. 13 14 2. DEFINITIONS 15 2.1 Action: This pending federal lawsuit. 16 2.2 Challenging Party: a Party or Non-Party that challenges the 17 designation of information or items under this Order. 18 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for 20 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 21 the Good Cause Statement. 22 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 23 their support staff). 24 2.5 Designating Party: a Party or Non-Party that designates information 25 or items that it produces in disclosures or in responses to discovery as 26 “CONFIDENTIAL.” 27 2.6 Disclosure or Discovery Material: all items or information, 28 regardless of the medium or manner in which it is generated, stored, or maintained -4SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 (including, among other things, testimony, transcripts, and tangible things), that are 2 produced or generated in disclosures or responses to discovery in this matter. 3 2.7 Expert: a person with specialized knowledge or experience in a 4 matter pertinent to the litigation who has been retained by a Party or its counsel to 5 serve as an expert witness or as a consultant in this Action. 6 2.8 House Counsel: attorneys who are employees of a party to this 7 Action. House Counsel does not include Outside Counsel of Record or any other 8 outside counsel. 9 2.9 Non-Party: any natural person, partnership, corporation, association 10 or other legal entity not named as a Party to this action. 11 2.10 Outside Counsel of Record: attorneys who are not employees of a 12 party to this Action but are retained to represent or advise a party to this Action and 13 have appeared in this Action on behalf of that party or are affiliated with a law firm 14 that has appeared on behalf of that party, and includes support staff. 15 2.11 Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 19 Discovery Material in this Action. 20 2.13 Professional Vendors: persons or entities that provide litigation 21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 2.14 Protected Material: any Disclosure or Discovery Material that is 25 designated as “CONFIDENTIAL.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery 27 Material from a Producing Party. 28 / / / -5SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 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 of Protected Material at trial shall be governed by the orders of the 8 trial judge. This Order does not govern the use of Protected Material at trial. 9 10 4. DURATION 11 Once a case proceeds to trial, information that was designated as 12 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 13 as an exhibit at trial becomes public and will be presumptively available to all 14 members of the public, including the press, unless compelling reasons supported by 15 specific factual findings to proceed otherwise are made to the trial judge in advance 16 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 17 showing for sealing documents produced in discovery from “compelling reasons” 18 standard when merits-related documents are part of court record). Accordingly, the 19 terms of this protective order do not extend beyond the commencement of the trial. 20 21 5. DESIGNATING PROTECTED MATERIAL 22 5.1 Exercise of Restraint and Care in Designating Material for Protection. 23 Each Party or Non-Party that designates information or items for protection under 24 this Order must take care to limit any such designation to specific material that 25 qualifies under the appropriate standards. The Designating Party must designate for 26 protection only those parts of material, documents, items or oral or written 27 communications that qualify so that other portions of the material, documents, items 28 / / / -6SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 or communications for which protection is not warranted are not swept unjustifiably 2 within the ambit of this Order. 3 Mass, indiscriminate or routinized designations are prohibited. Designations 4 that are shown to be clearly unjustified or that have been made for an improper 5 purpose (e.g., to unnecessarily encumber the case development process or to impose 6 unnecessary expenses and burdens on other parties) may expose the Designating 7 Party to sanctions. 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 promptly notify all other Parties that it is withdrawing the inapplicable designation. 11 5.2 Manner and Timing of Designations. Except as otherwise provided in 12 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 13 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 14 under this Order must be clearly so designated before the material is disclosed or 15 produced. 16 17 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 18 documents, but excluding transcripts of depositions or other pretrial or trial 19 proceedings), that the Producing Party affix at a minimum, the legend 20 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 21 contains protected material. If only a portion of the material on a page qualifies for 22 protection, the Producing Party also must clearly identify the protected portion(s) 23 (e.g., by making appropriate markings in the margins). 24 A Party or Non-Party that makes original documents available for inspection 25 need not designate them for protection until after the inspecting Party has indicated 26 which documents it would like copied and produced. During the inspection and 27 before the designation, all of the material made available for inspection shall be 28 deemed “CONFIDENTIAL.” After the inspecting Party has identified the -7SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 documents it wants copied and produced, the Producing Party must determine which 2 documents, or portions thereof, qualify for protection under this Order. Then, 3 before producing the specified documents, the Producing Party must affix the 4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 in the margins). 8 (b) for testimony given in depositions that the Designating Party identifies 9 the Disclosure or Discovery Material on the record, before the close of the 10 deposition all protected testimony. 11 (c) for information produced in some form other than documentary and for 12 any other tangible items, that the Producing Party affix in a prominent place on the 13 exterior of the container or containers in which the information is stored the legend 14 “CONFIDENTIAL.” If only a portion or portions of the information warrants 15 protection, the Producing Party, to the extent practicable, shall identify the protected 16 portion(s). 17 5.2 Inadvertent Failures to Designate. If timely corrected, an inadvertent 18 failure to designate qualified information or items does not, standing alone, waive 19 the Designating Party’s right to secure protection under this Order for such material. 20 Upon timely correction of a designation, the Receiving Party must make reasonable 21 efforts to assure that the material is treated in accordance with the provisions of this 22 Order. 23 24 6. 25 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time that is consistent with the Court’s 27 Scheduling Order. 28 / / / -8SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1, et seq. 3 6.3 The burden of persuasion in any such challenge proceeding shall be 4 on the Designating Party. Frivolous challenges, and those made for an improper 5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 6 parties) may expose the Challenging Party to sanctions. Unless the Designating 7 Party has waived or withdrawn the confidentiality designation, all parties shall 8 continue to afford the material in question the level of protection to which it is 9 entitled under the Producing Party’s designation until the Court rules on the 10 challenge. 11 12 7. ACCESS TO AND USE OF PROTECTED MATERIAL 13 7.1 Basic Principles. A Receiving Party may use Protected Material that 14 is disclosed or produced by another Party or by a Non-Party in connection with this 15 Action only for prosecuting, defending or attempting to settle this Action. Such 16 Protected Material may be disclosed only to the categories of persons and under the 17 conditions described in this Order. When the Action has been terminated, a 18 Receiving Party must comply with the provisions of Section 13 below (FINAL 19 DISPOSITION). 20 Protected Material must be stored and maintained by a Receiving Party at a 21 location and in a secure manner that ensures that access is limited to the persons 22 authorized under this Order. 23 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 24 otherwise ordered by the court or permitted in writing by the Designating Party, a 25 Receiving Party may disclose any information or item designated 26 “CONFIDENTIAL” only to: 27 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 28 as employees of said Outside Counsel of Record to whom it is reasonably necessary -9SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 to disclose the information for this Action; 2 (b) the officers, directors, and employees (including House Counsel) of the 3 Receiving Party to whom disclosure is reasonably necessary for this Action; 4 (c) Experts (as defined in this Order) of the Receiving Party to whom 5 disclosure is reasonably necessary for this Action and who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (d) the court and its personnel; 8 (e) court reporters and their staff; 9 (f) professional jury or trial consultants, mock jurors, and Professional 10 Vendors to whom disclosure is reasonably necessary for this Action and who have 11 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (g) the author or recipient of a document containing the information or a 13 custodian or other person who otherwise possessed or knew the information; 14 (h) during their depositions, witnesses, and attorneys for witnesses, in the 15 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 16 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 17 not be permitted to keep any confidential information unless they sign the 18 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 19 agreed by the Designating Party or ordered by the court. Pages of transcribed 20 deposition testimony or exhibits to depositions that reveal Protected Material may 21 be separately bound by the court reporter and may not be disclosed to anyone except 22 as permitted under this Stipulated Protective Order; and 23 (i) any mediator or settlement officer, and their supporting personnel, 24 mutually agreed upon by any of the parties engaged in settlement discussions. 25 / / / 26 / / / 27 / / / 28 / / / -10SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 8. 2 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 23 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 24 PRODUCED IN THIS LITIGATION 25 (a) The terms of this Order are applicable to information produced by a 26 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 27 produced by Non-Parties in connection with this litigation is protected by the 28 remedies and relief provided by this Order. Nothing in these provisions should be -11SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 construed as prohibiting a Non-Party from seeking additional protections. 2 (b) In the event that a Party is required, by a valid discovery request, to 3 produce a Non-Party’s confidential information in its possession, and the Party is 4 subject to an agreement with the Non-Party not to produce the Non-Party’s 5 confidential information, then the Party shall: 6 (1) promptly notify in writing the Requesting Party and the Non-Party 7 that some or all of the information requested is subject to a confidentiality 8 agreement with a Non-Party; 9 (2) promptly provide the Non-Party with a copy of the Stipulated 10 Protective Order in this Action, the relevant discovery request(s), and a reasonably 11 specific description of the information requested; and 12 (3) make the information requested available for inspection by the 13 Non-Party, if requested. 14 (c) If the Non-Party fails to seek a protective order from this court within 15 14 days of receiving the notice and accompanying information, the Receiving Party 16 may produce the Non-Party’s confidential information responsive to the discovery 17 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 18 not produce any information in its possession or control that is subject to the 19 confidentiality agreement with the Non-Party before a determination by the court. 20 Absent a court order to the contrary, the Non-Party shall bear the burden and 21 expense of seeking protection in this court of its Protected Material. 22 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 28 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or -12SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 persons to whom unauthorized disclosures were made of all the terms of this Order, 2 and (d) request such person or persons to execute the “Acknowledgment and 3 Agreement to Be Bound” that is attached hereto as Exhibit A. 4 5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 6 PROTECTED MATERIAL 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other protection, 9 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 11 procedure may be established in an e-discovery order that provides for production 12 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 13 (e), insofar as the parties reach an agreement on the effect of disclosure of a 14 communication or information covered by the attorney-client privilege or work 15 product protection, the parties may incorporate their agreement in the stipulated 16 protective order submitted to the court. 17 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of 20 any person to seek its modification by the Court in the future. 21 12.2 Right to Assert Objections. By stipulating to the entry of this 22 Protective Order, no Party waives any right it otherwise would have to object to 23 disclosing or producing any information or item on any ground. Similarly, no Party 24 waives any right to object on any ground to use in evidence of any of the material 25 covered by this Protective Order. 26 12.3 Filing Protected Material. A Party that seeks to file under seal any 27 Protected Material must comply with Local Civil Rule 79-5. Protected Material 28 may only be filed under seal pursuant to a court order authorizing the sealing of the -13SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 specific Protected Material at issue. If a Party’s request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information 3 in the public record unless otherwise instructed by the court. 4 12.4 A Receiving Party who seeks to file Protected Material without 5 seeking to do so under seal shall provide reasonable notice before doing so to the 6 Producing Party, so that the Producing Party has a reasonable opportunity to comply 7 with Local Civil Rule 79-5 in seeking to seal the Protected Material. 8 9 13. 10 FINAL DISPOSITION After the final disposition and termination of this Action, including any 11 appeals, within 60 days of a written request by the Designating Party, each 12 Receiving Party must return all Protected Material to the Producing Party or destroy 13 such material, except as described below. As used in this subdivision, “all Protected 14 Material” includes all copies, abstracts, compilations, summaries, and any other 15 format reproducing or capturing any of the Protected Material. Whether the 16 Protected Material is returned or destroyed, the Receiving Party must submit a 17 written certification to the Producing Party (and, if not the same person or entity, to 18 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 19 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 20 that the Receiving Party has not retained any copies, abstracts, compilations, 21 summaries or any other format reproducing or capturing any of the Protected 22 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 23 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 24 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 25 work product, and consultant and expert work product, even if such materials 26 contain Protected Material. Any such archival copies that contain or constitute 27 Protected Material remain subject to this Protective Order as set forth in Section 4 28 (DURATION). -14SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 Notwithstanding the foregoing, nothing in the Protective Order disallows 2 Liberty Mutual’s maintenance of information and documents in its claim system; 3 documents maintained pursuant to the privacy requirements of the California 4 Department of Insurance and other applicable state and federal laws; the records 5 retention requirements of the California Department of Insurance, and other 6 applicable state and federal laws; or the records retention practices of Liberty 7 Mutual. Further, nothing in the Protective Order disallows reporting of information 8 by Liberty Mutual as permitted and/or required by applicable state and federal laws. 9 Nothing in this Protective Order shall prohibit, restrict, or require any authorization 10 for Liberty Mutual’s retention, use or disclosure of Protected Material by any party 11 as authorized or required by federal or state law or regulation, or court order or rule. 12 13 14. VIOLATION 14 Any violation of this Order may be punished by appropriate measures 15 including, without limitation, contempt proceedings and/or monetary sanctions. 16 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 19 Dated: February 7, 2018 SHERNOFF BIDART ECHEVERRIA LLP 20 21 By 22 23 /s/ Kristin Hobbs [as authorized on 2/6/2018] RICARDO ECHEVERRIA KRISTIN HOBBS Attorneys for Plaintiff 24 25 26 27 28 -15SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 Dated: February 7, 2018 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 2 3 By 4 5 6 /s/ Jeffrey S. Crowe FRANK FALZETTA JEFFREY S. CROWE Attorneys for Defendant LIBERTY MUTUAL FIRE INSURANCE COMPANY 7 8 ATTESTATION 9 Pursuant to Local Rule 5-4.3.4(a)(2)(i), I hereby attest that all signatories 10 listed above, and on whose behalf this filing is submitted, concur in the filing’s 11 content and have authorized the filing. 12 Executed this 7th day of February 2018, at Costa Mesa, California. 13 /s/ Jeffrey S. Crowe 14 JEFFREY S. CROWE 15 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 17 18 Dated: February 07, 2018 HON. ROZELLA A. OLIVER United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 -16SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 UNITED STATES DISTRICT COURT 3 CENTRAL DISTRICT OF CALIFORNIA 4 MIKA FLEMING, an individual, Plaintiff, 5 6 Case No. 2:17-cv-06971 DSF (RAOx) ACKNOWLEDGMENT OF NONDISCLOSURE UNDER PROTECTIVE ORDER v. 7 LIBERTY MUTUAL INSURANCE, a Massachusetts Corporation; and DOES 8 1 through 50, inclusive, Defendants. 9 10 11 I, _________________ (name), acknowledge that I have received and read a copy of 12 the Stipulated Protective Order entered in the action presently pending in the United 13 States District Court for the Central District of California, entitled Mika Fleming v. 14 Liberty Mutual Insurance, et al., Case No. 2:17-cv-06971 DSF (RAOx). I agree to 15 comply with and be bound by this Stipulated Protective Order, and I hereby submit 16 to the jurisdiction of the United States District Court for the Central District of 17 California with respect to any action arising out of any claim of violation of the 18 Stipulated Protective Order. 19 20 DATED: SIGNATURE: 21 22 23 24 25 26 27 28 -1SMRH:485348388.1 Case No. 2:17-cv-06971 DSF (RAOx) ACKNOWLEDGEMENT

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