Scottsdale Insurance Company v. Dickstein Shapiro LLP et al

Filing 71

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re Stipulation for Protective Order 69 . (ec)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

Scottsdale Insurance Company,
Plaintiffs,

11
12

v.

13

Dickstein Shapiro LLP; Certain
Underwriters at Lloyd’s, London,
including Brit UW Limited for and on
behalf of Lloyd’s Syndicate 2987,
Beazley Furlonge Ltd. for and on
behalf of Lloyd’s Syndicate 2623,
Beazley Furlonge Ltd. for and on
behalf of Lloyd’s Syndicate 0623,
Faraday Capital Limited for and on
behalf of Lloyd’s Syndicate 0435,
Amlin Underwriting Limited for and
on behalf of Lloyd’s Syndicate 2001,
and Renaissance Re Group for and on
behalf of Lloyd’s Syndicate 1458;
Lexington Insurance Company; and
Swiss Re International SE – Zurich,

14
15
16
17
18
19
20
21

Case No.

18-cv-02893-SVW-GJSx

STIPULATED PROTECTIVE
ORDER1

Defendants.

22
23
24
25
26
27
28

1

This Stipulated Protective Order is substantially based on the model protective
order provided under Magistrate Judge Gail J. Standish’s Procedures.

1
2

1.

A. PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

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.

11

B. GOOD CAUSE STATEMENT

12

This action is likely to involve trade secrets and other valuable research,

13

development, commercial, financial, technical and/or proprietary information for

14

which special protection from public disclosure and from use for any purpose other

15

than prosecution of this action is warranted. Such confidential and proprietary

16

materials and information consist of, among other things, confidential business or

17

financial information, information regarding confidential business practices, or other

18

confidential research, development, or commercial information (including

19

information implicating privacy rights of third parties), information otherwise

20

generally unavailable to the public, or which may be privileged or otherwise

21

protected from disclosure under state or federal statutes, court rules, case decisions,

22

or common law.

23

In addition, the parties submitted a Joint Discovery Conference Report on

24

October 29, 2018 raising sensitive privilege and work product issues in this case,

25

discussed further below, and have endeavored to resolve it through a proposed

26

protective order rather than motion practice. In particular, the report indicates that

27

Plaintiff Scottsdale Insurance Company (“Scottsdale”) and insurance company

28

Defendants Brit UW Limited et al. (“Certain Underwriters”) were co-clients of the
2

1

law firm of DLA Piper (“DLA”) in a prior litigation action, but Defendant Dickstein

2

Shapiro LLP (“Dickstein”) was not a party to that case. Accordingly, use of those

3

privileged communications in this matter raises a difficult privilege issue concerning

4

disclosure to Dickstein.

5

Certain Underwriters also anticipate subsequent litigation against a non-party

6

to this case, and seeks to ensure that its privilege and work product protections are

7

secured as to all non-parties.

8
9

The parties have endeavored to propose a solution that avoids complicated
litigation but also preserves privilege and work product protections for anyone

10

outside of the parties to this case. Because discovery in this matter therefore

11

involves communications protected by the attorney-client privilege and work

12

product, the Court adopts special procedures below to ensure that disclosure in

13

accordance with the terms of this Order does not waive those protections and that

14

such discovery documents are not disclosed to non-parties.

15

Accordingly, to expedite the flow of information, to facilitate the prompt

16

resolution of disputes over confidentiality and privilege of discovery materials, to

17

adequately protect information the parties are entitled to keep confidential, to ensure

18

that the parties are permitted reasonable necessary uses of such material in

19

preparation for and in the conduct of trial, to address their handling at the end of the

20

litigation, and serve the ends of justice, a protective order for such information is

21

justified in this matter. It is the intent of the parties that information will not be

22

designated as confidential or privileged for tactical reasons and that nothing be so

23

designated without a good faith belief that it has been maintained in a confidential,

24

non-public manner, and there is good cause why it should not be part of the public

25

record of this case.

26

C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

27

The parties further acknowledge, as set forth in Section 12.3, below, that this

28

Stipulated Protective Order does not entitle them to file confidential or privileged
3

1

information under seal; Local Civil Rule 79-5 sets forth the procedures that must be

2

followed and the standards that will be applied when a party seeks permission from

3

the court to file material under seal.

4

There is a strong presumption that the public has a right of access to judicial

5

proceedings and records in civil cases. In connection with non-dispositive motions,

6

good cause must be shown to support a filing under seal. See Kamakana v. City and

7

County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

8

Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

9

Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

10

require good cause showing), and a specific showing of good cause or compelling

11

reasons with proper evidentiary support and legal justification, must be made with

12

respect to Protected Material that a party seeks to file under seal. The parties’ mere

13

designation of Disclosure or Discovery Material as CONFIDENTIAL or

14

PRIVILEGED does not—without the submission of competent evidence by

15

declaration, establishing that the material sought to be filed under seal qualifies as

16

confidential, privileged, or otherwise protectable—constitute good cause.

17

Further, if a party requests sealing related to a dispositive motion or trial, then

18

compelling reasons, not only good cause, for the sealing must be shown, and the

19

relief sought shall be narrowly tailored to serve the specific interest to be protected.

20

See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For

21

each item or type of information, document, or thing sought to be filed or introduced

22

under seal in connection with a dispositive motion or trial, the party seeking

23

protection must articulate compelling reasons, supported by specific facts and legal

24

justification, for the requested sealing order. Again, competent evidence supporting

25

the application to file documents under seal must be provided by declaration.

26

Any document that is not confidential, privileged, or otherwise protectable in

27

its entirety will not be filed under seal if the confidential portions can be redacted.

28

If documents can be redacted, then a redacted version for public viewing, omitting
4

1

only the confidential, privileged, or otherwise protectable portions of the document,

2

shall be filed. Any application that seeks to file documents under seal in their

3

entirety should include an explanation of why redaction is not feasible.

4

2.

5

DEFINITIONS
2.1

Action: Scottsdale Insurance Company v. Dickstein Shapiro LLP et al.,

6

Case No. 18-cv-02893-SVW-GJS currently pending in the United States District

7

Court Central District of California.

8
9
10

2.2

Challenging Party: a Party or Non-Party that challenges the

designation of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

11

how it is generated, stored or maintained) or tangible things that qualify for

12

protection under Federal Rule of Civil Procedure 26(c), and as specified above in

13

the Good Cause Statement.

14

2.4

“PRIVILEGED” Information or Items: information (regardless of how

15

it is generated, stored or maintained) or tangible things that qualify for protection

16

under the attorney-client or attorney work product privileges, and as specified above

17

in the Good Cause Statement.

18
19
20

2.5

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
2.6

Designating Party: a Party or Non-Party that designates information or

21

items that it produces in disclosures or in responses to discovery as

22

“CONFIDENTIAL” or “PRIVILEGED.”

23

2.7

Disclosure or Discovery Material: all items or information, regardless

24

of the medium or manner in which it is generated, stored, or maintained (including,

25

among other things, testimony, transcripts, and tangible things), that are produced or

26

generated in disclosures or responses to discovery in this matter.

27
28

2.8

Expert: a person with specialized knowledge or experience in a matter

pertinent to the litigation who has been retained by a Party or its counsel to serve as
5

1
2

an expert witness or as a consultant in this Action.
2.9

House Counsel: attorneys who are employees of a party to this Action.

3

House Counsel does not include Outside Counsel of Record or any other outside

4

counsel.

5
6
7

2.10 Non-Party: any natural person, partnership, corporation, association or
other legal entity not named as a Party to this action.
2.11 Outside Counsel of Record: attorneys who are not employees of a

8

party to this Action but are retained to represent or advise a party to this Action and

9

have appeared in this Action on behalf of that party or are affiliated with a law firm

10
11

that has appeared on behalf of that party, and includes support staff.
2.12 Party: any party to this Action, including all of its officers, directors,

12

employees, consultants, retained experts, and Outside Counsel of Record (and their

13

support staffs), as well as a Party’s Agent(s).

14
15

2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

16

2.14 Professional Vendors: persons or entities that provide litigation

17

support services (e.g., photocopying, videotaping, translating, preparing exhibits or

18

demonstrations, and organizing, storing, or retrieving data in any form or medium)

19

and their employees and subcontractors.

20
21
22
23
24
25
26
27

2.15 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL” or “PRIVILEGED.”
2.16 Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
3.
SCOPE
The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or

28

6

1

compilations of Protected Material; and (3) any testimony, conversations, or

2

presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

3
4

trial judge. This Order does not govern the use of Protected Material at trial.

5

4.

DURATION
Once a case proceeds to trial, information that was designated as

6
7

CONFIDENTIAL or PRIVILEGED or maintained pursuant to this protective order

8

used or introduced as an exhibit at trial becomes public and will be presumptively

9

available to all members of the public, including the press, unless compelling

10

reasons supported by specific factual findings to proceed otherwise are made to the

11

trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81

12

(distinguishing “good cause” showing for sealing documents produced in discovery

13

from “compelling reasons” standard when merits-related documents are part of court

14

record). Accordingly, the terms of this protective order do not extend beyond the

15

commencement of the trial.

16

5.

17

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

18

Each Party or Non-Party that designates information or items for protection under

19

this Order must take care to limit any such designation to specific material that

20

qualifies under the appropriate standards. The Designating Party must designate for

21

protection only those parts of material, documents, items or oral or written

22

communications that qualify so that other portions of the material, documents, items

23

or communications for which protection is not warranted are not swept unjustifiably

24

within the ambit of this Order.

25

Mass, indiscriminate or routinized designations are prohibited. Designations

26

that are shown to be clearly unjustified or that have been made for an improper

27

purpose (e.g., to unnecessarily encumber the case development process or to impose

28

7

1

unnecessary expenses and burdens on other parties) may expose the Designating

2

Party to sanctions.

3

If it comes to a Designating Party’s attention that information or items that it

4

designated for protection do not qualify for protection, that Designating Party must

5

promptly notify all other Parties that it is withdrawing the inapplicable designation.

6

5.2

Manner and Timing of Designations. Except as otherwise provided in

7

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

8

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

9

under this Order must be clearly so designated before the material is disclosed or

10
11

produced.
Designation in conformity with this Order requires:

12

(a) for information in documentary form (e.g., paper or electronic

13

documents, but excluding transcripts of depositions or other pretrial or trial

14

proceedings), that the Producing Party affix at a minimum, the legend

15

“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “PRIVILEGED”

16

(hereinafter “PRIVILEGED” legend), to each page that contains protected material.

17

If only a portion of the material on a page qualifies for protection, the Producing

18

Party also must clearly identify the protected portion(s) (e.g., by making appropriate

19

markings in the margins).

20

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 of the material made available for inspection shall be

24

deemed “CONFIDENTIAL” and /or “PRIVILEGED” After the inspecting Party

25

has identified the documents it wants copied and produced, the Producing Party

26

must determine which documents, or portions thereof, qualify for protection under

27

this Order. Then, before producing the specified documents, the Producing Party

28

must affix the “CONFIDENTIAL legend” or “PRIVILEGED legend” to each page
8

1

that contains Protected Material. If only a portion of the material on a page qualifies

2

for protection, the Producing Party also must clearly identify the protected portion(s)

3

(e.g., by making appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party identifies

4
5

the Disclosure or Discovery Material on the record, before the close of the

6

deposition all protected testimony.
(c) for information produced in some form other than documentary and

7
8

for any other tangible items, that the Producing Party affix in a prominent place on

9

the exterior of the container or containers in which the information is stored the

10

legend “CONFIDENTIAL” or “PRIVILEGED.” If only a portion or portions of the

11

information warrants protection, the Producing Party, to the extent practicable, shall

12

identify the protected portion(s).
5.3

13

Inadvertent Failures to Designate. If timely 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.

20

CHALLENGING CONFIDENTIALITY DESIGNATIONS
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

22

Scheduling Order.

23
24
25

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process under Local Rule 37.1 et seq.
6.3

The burden of persuasion in any such challenge proceeding shall be on

26

the Designating Party. Frivolous challenges, and those made for an improper

27

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

28

parties) may expose the Challenging Party to sanctions. Unless the Designating
9

1

Party has waived or withdrawn the confidentiality designation, all parties shall

2

continue to afford the material in question the level of protection to which it is

3

entitled under the Producing Party’s designation until the Court rules on the

4

challenge.

5

7.

6

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

7

disclosed or produced by another Party or by a Non-Party in connection with this

8

Action only for prosecuting, defending or attempting to settle this Action. Such

9

Protected Material may be disclosed only to the categories of persons and under the

10

conditions described in this Order. When the Action has been terminated, a

11

Receiving Party must comply with the provisions of section 13 below (FINAL

12

DISPOSITION).

13

Protected Material must be stored and maintained by a Receiving Party at a

14

location and in a secure manner that ensures that access is limited to the persons

15

authorized under this Order.

16

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

17

otherwise ordered by the court or permitted in writing by the Designating Party, a

18

Receiving Party may disclose any information or item designated

19

“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as

20
21

well as employees of said Outside Counsel of Record to whom it is reasonably

22

necessary to disclose the information for this Action;
(b) the officers, directors, agents, and employees (including House

23
24

Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

25

Action;

26

(c) Experts (as defined in this Order) of the Receiving Party to whom

27

disclosure is reasonably necessary for this Action and who have signed the

28

“Acknowledgment and Agreement to Be Bound” (Exhibit A);
10

1

(d) the court and its personnel;

2

(e) court reporters and their staff;

3

(f) professional jury or trial consultants, mock jurors, and Professional

4

Vendors to whom disclosure is reasonably necessary for this Action and who have

5

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a

6
7

custodian or other person who otherwise possessed or knew the information;

8

(h) during their depositions, witnesses, and attorneys for witnesses, in the

9

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

10

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

11

not be permitted to keep any confidential information unless they sign the

12

“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

13

agreed by the Designating Party or ordered by the court. Pages of transcribed

14

deposition testimony or exhibits to depositions that reveal Protected Material may

15

be separately bound by the court reporter and may not be disclosed to anyone except

16

as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,

17
18

mutually agreed upon by any of the parties engaged in settlement discussions.

19

(j) Dickstein’s former general counsel Peter Morgan and former partner

20

Fred Lowther, upon their signing of the “Acknowledgement and Agreement to Be

21

Bound” (Exhibit A).

22

7.3

Disclosure of “PRIVILEGED” Information or Items. Certain

23

Underwriters and Scottsdale were joint clients of and jointly represented for a time

24

by the same counsel in connection with a relevant underlying insurance coverage

25

action. Certain Underwriters contend that consent of both joint clients is required in

26

order for either to disclose attorney-client privileged and attorney work product

27

information from such action to third parties, which includes Dickstein. Scottsdale

28

contends that either joint client may unilaterally disclose to third parties such
11

1

privileged and work product without consent of the other. Dickstein contends it is

2

entitled to obtain such privileged and work product documentation and information.

3

In addition, Underwriters anticipate future litigation against a non-party to

4

this case, and engaged in communications that constitute work product in reference

5

to that anticipated litigation.

6

The parties have agreed to resolve this dispute by permitting the limited

7

disclosure of such privileged and work product documentation, information, and

8

deposition testimony in which such documents or information are used, under strict

9

protections of this Protective Order such that no third party, including but not

10

limited to Furman, Kornfeld, & Brennan LLPC (“Furman”), shall receive or be

11

entitled to receive the same. In this regard, the Court finds that the limited

12

disclosure of this documentation, information, and testimony in which such

13

documents or information is used, pursuant to this Protective Order does not operate

14

as a waiver of privilege or work product as to any third parties, including

15

specifically Furman. Thus:

16

Unless otherwise ordered by the court or permitted in writing by the

17

Designating Party, a Receiving Party may disclose any information or item

18

designated “PRIVILEGED” only to:
(a) the Receiving Party’s Outside Counsel of Record in this Action, as

19
20

well as employees of said Outside Counsel of Record to whom it is reasonably

21

necessary to disclose the information for this Action;
(b) the officers, directors, agents, and employees (including House

22
23

Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this

24

Action;

25

(c) Experts (as defined in this Order) of the Receiving Party to whom

26

disclosure is reasonably necessary for this Action and who have signed the

27

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

28

(d) the court and its personnel;
12

1

(e) court reporters and their staff;

2

(f) professional jury or trial consultants, mock jurors, and Professional

3

Vendors to whom disclosure is reasonably necessary for this Action and who have

4

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a

5
6

custodian or other person who otherwise possessed or knew the information;

7

(h) during their depositions, witnesses, and attorneys for witnesses, in the

8

Action to whom disclosure is reasonably necessary provided: (1) the deposing party

9

requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

10

not be permitted to keep any confidential or privileged information unless they sign

11

the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

12

agreed by the Designating Party or ordered by the court. Pages of transcribed

13

deposition testimony or exhibits to depositions that reveal Protected Material may

14

be separately bound by the court reporter and may not be disclosed to anyone except

15

as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel,

16
17

mutually agreed upon by any of the parties engaged in settlement discussions.

18

(j) Dickstein’s former general counsel Peter Morgan and former partner

19

Fred Lowther, upon their signing of the “Acknowledgement and Agreement to Be

20

Bound” (Exhibit A).

21

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

22

IN OTHER LITIGATION

23

If a Party is served with a subpoena or a court order issued in other litigation

24

that compels disclosure of any information or items designated in this Action as

25

“CONFIDENTIAL” or “PRIVILEGED,” that Party must:

26
27
28

(a) promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order
13

1

to issue in the other litigation that some or all of the material covered by the

2

subpoena or order is subject to this Protective Order. Such notification shall include

3

a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be

4
5

pursued by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with

6
7

the subpoena or court order shall not produce any information designated in this

8

action as “CONFIDENTIAL” or “PRIVILEGED” before a determination by the

9

court from which the subpoena or order issued, unless the Party has obtained the

10

Designating Party’s permission. The Designating Party shall bear the burden and

11

expense of seeking protection in that court of its confidential material and nothing in

12

these provisions should be construed as authorizing or encouraging a Receiving

13

Party in this Action to disobey a lawful directive from another court.

14

9.

15
16

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a

17

Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

18

produced by Non-Parties in connection with this litigation is protected by the

19

remedies and relief provided by this Order. Nothing in these provisions should be

20

construed as prohibiting a Non-Party from seeking additional protections.

21

(b) In the event that a Party is required, by a valid discovery request, to

22

produce a Non-Party’s confidential information in its possession, and the Party is

23

subject to an agreement with the Non-Party not to produce the Non-Party’s

24

confidential information, then the Party shall:

25

(1) promptly notify in writing the Requesting Party and the Non-Party

26

that some or all of the information requested is subject to a confidentiality

27

agreement with a Non-Party;

28

(2) promptly provide the Non-Party with a copy of the Stipulated
14

1

Protective Order in this Action, the relevant discovery request(s), and a reasonably

2

specific description of the information requested; and
(3) make the information requested available for inspection by the

3
4

Non-Party, if requested.

5

(c) If the Non-Party fails to seek a protective order from this court within

6

14 days of receiving the notice and accompanying information, the Receiving Party

7

may produce the Non-Party’s confidential information responsive to the discovery

8

request. If the Non-Party timely seeks a protective order, the Receiving Party shall

9

not produce any information in its possession or control that is subject to the

10

confidentiality agreement with the Non-Party before a determination by the court.

11

Absent a court order to the contrary, the Non-Party shall bear the burden and

12

expense of seeking protection in this court of its Protected Material.

13

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

14
15

Protected Material to any person or in any circumstance not authorized under this

16

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

17

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

18

to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

19

persons to whom unauthorized disclosures were made of all the terms of this Order,

20

and (d) request such person or persons to execute the “Acknowledgment and

21

Agreement to Be Bound” that is attached hereto as Exhibit A.

22

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

23

PROTECTED MATERIAL

24

When a Producing Party gives notice to Receiving Parties that certain

25

inadvertently produced material is subject to a claim of privilege or other protection,

26

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

27

Procedure 26(b)(5)(B). This provision is not intended to modify whatever

28

procedure may be established in an e-discovery order that provides for production
15

1

without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

2

(e), insofar as the parties reach an agreement on the effect of disclosure of a

3

communication or information covered by the attorney-client privilege or work

4

product protection, the parties may incorporate their agreement in the stipulated

5

protective order submitted to the court.

6

12.

12.1 Right to Further Relief. Nothing in this Order abridges the right of any

7
8

MISCELLANEOUS

person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this

9
10

Protective Order, no Party waives any right it otherwise would have to object to

11

disclosing or producing any information or item on any ground not addressed in this

12

Stipulated Protective Order. Similarly, no Party waives any right to object on any

13

ground to use in evidence of any of the material covered by this Protective Order.

14

12.3 Filing Protected Material. A Party that seeks to file under seal any

15

Protected Material must comply with Local Civil Rule 79-5. Protected Material

16

may only be filed under seal pursuant to a court order authorizing the sealing of the

17

specific Protected Material at issue. If a Party’s request to file Protected Material

18

under seal is denied by the court, then the Receiving Party may file the information

19

in the public record unless otherwise instructed by the court.

20

13.

21

FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 4, within 60

22

days of a written request by the Designating Party, each Receiving Party must return

23

all Protected Material to the Producing Party or destroy such material. As used in

24

this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

25

summaries, and any other format reproducing or capturing any of the Protected

26

Material. Whether the Protected Material is returned or destroyed, the Receiving

27

Party must submit a written certification to the Producing Party (and, if not the same

28

person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
16

1

(by category, where appropriate) all the Protected Material that was returned or

2

destroyed and (2) affirms that the Receiving Party has not retained any copies,

3

abstracts, compilations, summaries or any other format reproducing or capturing any

4

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

5

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing

6

transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

7

reports, attorney work product, and consultant and expert work product, even if such

8

materials contain Protected Material. Any such archival copies that contain or

9

constitute Protected Material remain subject to this Protective Order as set forth in

10

Section 4 (DURATION).

11

4.

12

Any violation of this Order may be punished by appropriate measures including,

13

without limitation, contempt proceedings and/or monetary sanctions.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

VIOLATION

17

1

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2
3

DATED: November 6, 2018

4
5
6

/s/ Robert Cattanach___________________________
Attorneys for Plaintiff
SCOTTSDALE INSURANCE COMPANY

7
8

DATED: November 6, 2018

9
10
11

/s/ John E. Jureller_
_______________________
Attorneys for Defendant
DICKSTEIN SHAPIRO LLP

12
13

DATED: November 6, 2018

14
15
16

/s/ Mark L. Block___________________________
Attorneys for Defendant
CERTAIN UNDERWRITERS AT LLOYD’S LONDON

17
18

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

19
20

DATED: November 7, 2018

21
22
23
24

_____________________________________
GAIL J. STANDISH
UNITED STATES MAGISTRATE JUDGE

25
26
27
28

18

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

I, _____________________________ [print or type full name], of

5

_________________ [print or type full address], declare under penalty of perjury

6

that I have read in its entirety and understand the Stipulated Protective Order that

7

was issued by the United States District Court for the Central District of California

8

on [date] in the case of ___________ [insert formal name of the case and the

9

number and initials assigned to it by the court]. I agree to comply with and to be

10

bound by all the terms of this Stipulated Protective Order and I understand and

11

acknowledge that failure to so comply could expose me to sanctions and punishment

12

in the nature of contempt. I solemnly promise that I will not disclose in any manner

13

any information or item that is subject to this Stipulated Protective Order to any

14

person or entity except in strict compliance with the provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District Court for the

16

Central District of California for enforcing the terms of this Stipulated Protective

17

Order, even if such enforcement proceedings occur after termination of this action.

18

I hereby appoint __________________________ [print or type full name] of

19

_______________________________________ [print or type full address and

20

telephone number] as my California agent for service of process in connection with

21

this action or any proceedings related to enforcement of this Stipulated Protective

22

Order.

23

Date: ______________________________________

24

City and State where sworn and signed: _________________________________

25
26

Printed name: _______________________________

27
28

Signature: __________________________________
19