CV Ice Company Inc v. Golden Eagle Insurance Company et al

Filing 27

PROTECTIVE ORDER by Magistrate Judge Sheri Pym re Stipulation for Protective Order 24 - See order for details. (vp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION

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CV ICE COMPANY, INC., a California Case No. 5:14-cv-00121 PSG (SPx)
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Corporation, Hon. PhilpCourtroom 880
S. Gutierrez
Plaintiffs,

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(PJtiHOi PROTECTIVE

v.

ORDER

GOLDEN EAGLE INSURANCE
COMPANY, a California Corporation,
PEERLESS INSURANCE COMPANY, (Filed concurrently with Stipulation for
Protective Order)
a California COrPoration, LIBERTY
MUTUAL INSURANCE COMPANY, a
California Corporation,
LN o-r CHAN é-3 MA(J,£ 13

y

CDvr¿T /N fffl 10 /JO lå

Defendant.
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After having reviewed the Stipulation for Protective Order, and good caus

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the Court orders as follows:

. appearing,

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1. Any part in the lawsuit styled CV Ice Co., Inc. v. Golden Eagle Ins.
Co., et al., U.S.D.C. Case No. Case No. 5:14-cv-00121 PSG (SPx) (the "Case"), or

third-part producing documents pursuant to subpoena issued by a part to the
matter (collectively "Producing Part/ies") may, by written notice, or by a

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statement on the record at a deposition, designate any material that the Producing
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Part in good faith believes to be confidential, privileged, private, commercial,
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1 financial information, or "trade secrets" as defined in California Civil Code section

2 3426.1 or other applicable law, not previously made available to the public or the

this Protective Order.

3 receiving part, as "CONFIDENTIAL" under the terms of

4 2. Documents that contain non-public information may be designated as

5 "CONFIDENTIAL" in the manner described below for materials concerning the
6 Producing Part's trade secrets or other proprietary or confidential financial,
7 operational, research and development or commercially sensitive information,

8 information that implicates privacy rights, or information as to which the
9 Producing Part otherwise has a business or legal need for confidentiality.
10 3. The foregoing categories of information may be found in any of the

11 following types of documents, all of which may be designated as

12 "CONFIDENTIAL" under this Protective Order, as appropriate:
13 (a) exhibits, answers to interrogatories, responses to requests for

14 admissions and deposition transcriptions and all original written, recorded,

15 graphic or electronic matters (and all identical and non-identical copies

16 thereof);
17 (b) any copies, notes, abstracts or summaries of such information,

18 and the information itself; or
19 ( c) any pleading, affidavit, declaration, brief, motion, transcript or

20 other writing containing such information.
21 Notwithstandillg anything to the contrary in this.Protective Ord.er, a
22 Producing Part may designate as "CONFIDENTIAL" any information or
23 documents previously transmitted or disclosed pursuant to a written agreement

24 regarding the confidentiality of such information or documents, or which is/are
25 protected as confidential or privileged by statute, rule, or regulation; Further,
26 notwithstanding anything to the contrary in this Protective Order, any and all
27 biling invoices or related documents reflecting services performed by or on behalf

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when or under

of counsel may be designated as "CONFIDENTIAL," regardless of

2 what circumstances the documents were disclosed.

3 4. Only non-public documents and documents not previously in the
4 possession of

the receiving part may be designated as "CONFIDENTIAL."

5 Accordingly, "CONFIDENTIAL" materials shall not include any documents
6 concerning information that at any time has been: (a) produced, disclosed or made
7 available to the receiving part, the public or otherwise available for public access;

8 or (b) disclosed in connection with any governental public fiing which could not

9 reasonably be assumed to be or have been intended to be kept confidentiaL. Any
10 document concerning information that has not been preserved or maintained in a
11 manner calculated to preserve its confidentiality shall not be designated as

12 "CONFIDENTIAL."
13 5. Any documents, material or information to be designated

14 "CONFIDENTIAL" pursuant to this Protective Order may be so designated by
15 stamping or otherwise affixing on the documents, material or information the

16 legend "CONFIDENTIAL" prior to their production. Documents or things which
17 cannot be reasonably labeled pursuant to this paragraph should be so designated by
18 the Producing Part by informing the receiving part in writing. Confidential

19 information consisting of a multi-page document must contain the required legend
20 on every page designated as confidentiaL. In the case of a deposition transcript,
21 . transcript of a court or other related proceeding, an admission, interrogatory

22 answer, or other discovery response, the required legend shall be stamped or
23 affixed immediately

preceding the portion of such matter as is being designated

24 confidentiaL.
material originally produced without the required legend is

25 6. If

26 subsequently designated as confidential by any part, including the Producing

27 Part, the designating part shall provide all parties with a copy of that material
the copy of

28 bearing the required legend. Upon receipt of

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the material bearing the

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the

1 legend, the receiving part shall: (a) affix the required legend to each page of

2 previously non-designated copies in its possession; or (b) make reasonable

3 arrangements to ensure the confidentiality of all non-designated copies (including

4 any electronic copies) in its possession.
5 7. All documents produced prior to the date of this Protective Order wil

6 not be considered confidential unless so stipulated in writing or previously

7 provided to a part pursuant to a written confidentiality agreement with the
8 recipient or which is/are protected as confidential or privileged by court order,

9 statute, rule, or regulation, regardless of whether these documents are stamped

10 "CONFIDENTIAL" when produced.
11 8. Nothing herein shall require defendants to destroy or alter documents,

12 whether in electronic or hardcopy format, in their claim fies, underwriting fies, or

13 other files or records they maintain and/or are required to maintain in the course of

14 business.
15 9. Any part may, within a reasonable time, object to any other part's

16 designation of information as " CONFIDENTIAL" under this Order as follows: 1)

17 in depositions or court proceedings by stating such objection on the record on the
18 record; or 2) in a writing served on all parties that that specifies the designation

19 objected to and the basis therefore. It shall be the burden of the part designating
20 testimony, documents or information as " CONFIDENTIAL" under this Order to
that part's designations.

21 demonstrate to the Court's satisfaction the propriety of

22 10. If counsel for the part receiving documents, material, or information

23 designated as "CONFIDENTIAL" (the "receiving part") objects to such

24 designation of any or all of such items, counsel shall within a reasonable time after
25 receipt, advise the part producing the items (the "Producing Part") of such

26 objections and the reasons therefore. All of the items shall be treated as
the parties' dispute. It shall be the

27 "CONFIDENTIAL" pending a resolution of

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the Producing Part to demonstratetò the Court's satisfaction the

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J 1'Y C-Ml(,~"e- ",,'~ C,"v,1 L O~ (
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propriety of the "CONF ENTIAL" designation. The Producing Part must file a

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motion with the Cou . not later than 21 days after receiving notice of

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as set forth in paragraph 9, unless otherwise agreed by the parties, and the material

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designated as "CONFIDENTIAL" shall be treated as confidential unti the Court

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rules on the motion. If the Producing Part does not fie a motion within 21 days,

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or within a longer time period if mutually agreed by the parties, the material

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previously designated as "CONFIDENTIAL" shall be deemed no longer to be

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confidentiaL.

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the objection

11. If any part wishes to use or inquire at any deposition concerning

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documents, material, or information designated as "CONFIDENTIAL" the portion

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of the deposition transcript that relates to such documents, material, or information

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shall be designated and treated as "CONFIDENTIAL" and subject to this

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Protective Order. Further, any part may designate any additional portion of

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deposition testimony in this Case "CONFIDENTIAL" no later than fifteen (15)

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days after receipt of the deposition transcript, subject to the provisions of

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paragraphs 4 and 5, above.

12. Documents or material (including portions of deposition transcripts)

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designated as "CONFIDENTIAL" or information derived solely therefrom, may

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only be disclosed or made available by the part receiving such information to

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"Qualified Persons," who, in the case of documents, matedal or inforiation

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designated as "CONFIDENTIAL" are defined. to consist solely of:

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fact, such as the members

(a) The Court and any trier or finder of

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of a jury impaneled in this action (at any trial or oral hearing and in the

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manner provided by paragraph 15 hereof);

(b) Counsel (including "in-house" counsel) for the parties in this

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Case and the paralegal, clerical (including data entry and IT personnel) and

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secretarial staff employed by such counsel;

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( c) Court reporters, videographers or similar personnel;

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(d) Any part's witness during the course of that witness'

2 deposition or testimony in court;
3 ( e) Experts and/or advisors consulted by the parties or their counsel

4 in connection with this Case, whether or not retained to testify at trial;
5 provided that prior to any such disclosure counsel for the part making the
6 disclosure shall deliver a copy ofthis Protective Order to the expert and/or
7 advisor, shall explain its terms to the expert and/or advisor, and shall secure
8 the signature of

the expert and/or advisor on a letter in the form attached

9 hereto as Exhibit A;
10 (f) Corporate representatives selected by the corporate parties to

11 this litigation;
12 (g) Agents, reinsurers, regulators and auditors; and

13 (h) Any other person as to whom the Producing Part agrees in

14 writing prior to disclosure.
15 13. Documents and materials designated as "CONFIDENTIAL" and

16 information derived solely therefrom shall be used by the parties and their counsel

17 only for the purposes of preparing for and acting in this Case. Documents and
18 materials designated as "CONFIDENTIAL" and information derived solely

19 therefrom shall not be used by the parties or their counsel except as expressly
20 permitted herein. Moreover, any document containing summary or recitation of

21 any part of the. content ora "CONFIDENTIAL" document or of confidential

22 information also shall be deemed to be a "CONFIDENTIAL" document and have
the protections and

23 the required legend affixed to it, and subject to all of

24 restrictions in this Protective Order.
25 14. No copies shall be made of any "CONFIDENTIAL" document except

26 as deemed reasonably necessar in this Case. Counsel for each part shall take
27 such steps as they reasonably believe are appropriate to advise those persons
28 employed or retained in clerical, stenographic or ministerial functions of the

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"CONFIDENTIAL" documents provided by this

restrictions upon dissemination of

Protective Order.

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15. Nothing herein shall impose any restrictions on the use or disclosure

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by a part or witness of documents or information obtained lawfully by such part

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or witness independently of the discovery proceedings in this Case, or from a

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source independent of the Producing Part, whether or not such documents or

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information are also obtained from the Producing Part through discovery in this

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Case, except as stated in paragraph 3 above.

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16. Nothing contained herein shall constitute a waiver of or otherwise

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restrict a part's right to propound discovery or object to discovery of or use of any

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documents or information in this Case. Nothing contained herein shall constitute a

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waiver by a receiving part of

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materials, or information as "CONFIDENTIAL."

the right to object to the designation of documents,

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17. Nothing contained herein shall constitute a waiver of any previously

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made objections to production requests, including objections based on relevancy,

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privacy, and/or proprietary information. Nothing contained herein shall obligate

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any part to produce any documents or disclose any information withheld subject

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to any valid objection.

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18. A Part that seeks to fie under seal any documents and material I

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20 designated as "CONFIDENTIAL" must comply with Civil Local Rule~ and
21 . this Court's Standing

Orders. In

Jieu

of

this procedure, the designating

and

filing

22 parties may agree to fie a redacted version of the documents or material
23 designated as "CONFIDENTIAL".

24 19. All Court orders wil be presumptively available to the public.
25 Therefore, if a part files any evidence, motion or other papers under seal pursuant

26 to this Protective Order, all papers that refer to or rely upon such evidence shall
27 designate the particular aspects that are confidentiaL. By so designating, the parties
28 wil enable the Court, in drafting orders, to

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determine whether there is evidence

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which the Court should attempt not to disclose. Absent such advance notification,

2 the Court wil be free to incorporate all such evidence in its written and oral

3 rulings.
4 20. If any part wishes to use documents and materials designated as

5 "CONFIDENTIAL" at Trial, any such documents and materials that were
6 designated as "CONFIDENTIAL" and/or kept and maintained pursuant to the
7 terms of this Protective Order wil become public and wil be presumptively

the public, including the press, unless sufficient cause

8 available to all members of

9 is shown in advance of trial to proceed otherwise.

10 21. Each non- lawyer given access to documents, material or information

11 designated "CONFIDENTIAL" pursuant to the terms hereof shall be advised that
12 the documents, material, or information are being disclosed pursuant to and subject
13 to the terms of

this Protective Order and may not be disclosed other than pursuant

14 to the terms hereof.
15 22. Complying with the terms of this Protective Order shall not:
16 ( a) operate as an admission by any part that any particular

17 documents, material, or information contain or reflect currently valuable

18 proprietary or commercial information; or
19 (b) prejudice in any way the right of a part at any time:
whether any

20 (i) to seek a determination by the Court of

21 particular documents, item

of

material, or piece of information.should

22 be subject to the terms of this Protective Order;
23 (ii) to seek modifications of this Protective Order;
24 (ii) to present a motion to the Court for a separate protective

25 order as to any particular document or information, including

26 restrictions differing from those as specified herein; or
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1 (iv) to seek relief on appropriate notice from any provision(s)

2 of this Protective Order, either generally or as to any particular
3 documents, item of material, or piece of information.

the above-captioned Case (i.e., after final

4 23. Upon termination of

5 judgment is entered and all appeal periods have expired or appeals been finally
the Case by settlement), or at any time

6 decided, or after final resolution of

7 thereafter, the receiving part shall make all reasonable efforts to ensure that all

this

8 such documents and/or information wil remain subject to the terms of

this Protective Order which restrict the

9 Protective Order. The prohibitions of

10 disclosure and use of

"CONFIDENTIAL" materials shall continue to be binding

11 upon a part and the part's outside counsel to the extent that the part ( and/or the

12 part's outside counsel) retains any such "CONFIDENTIAL" documents or
13 materials and and/or copies thereof. The Court shall retain jurisdiction following
14 the resolution of

this Protective Order.

the Case to enforce the terms of

15 24. All documents, material, and information designated as

16 "CONFIDENTIAL" may only be used by the parties to this Case, and Qualified

17 Persons, subject to the rights of any part to raise any other objections to the use of
18 such discovery materiaL.

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19 25. Nothing contained herein wil limit the parties' use of

20 confidential documents in conjunction with this litigation. No part wil have any
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liabilty for non-confidential documents that may have been produced to third

22 parties, even if those documents are subsequently designated as

23 "CONFIDENTIAL" pursuant to this Protective Order.
24 26. It is the intent of

the Parties that production by any Part of any

25 information, including electronically stored information, during discovery in this
26 action shall be without prejudice to claim that such material was inadvertently
27 produced and is protected by the attorney-client privilege or work product doctrine,

28 and no part shall be held to have waived any rights by such inadvertent

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production. If information produced in discovery is subject to a claim of privilege,
2 the parties shall comply with Rule 26(b)(5)(B) of

the Federal Rules of

Civil

3 Procedure.
4 27. This Stipulation shall not in any way prejudice the rights of any part
5 to object to the admissibilty at trial of any information produced during discovery

6 in this action.
this Protective Order.

7 28. The Court is not bound by the terms of

8 29. This Protective Order may be modified by subsequent Örder of the
9 Court, and the parties may seek such modification.
10 30. This Court shall retain

jurisdiction over all persons subject to this

11 Protective Order for the purposes of enforcing this Protective Order.
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SO

ORDERED:

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DATED: ¿)ctl1(, '~J "W /l.

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Hon. Philip S. Gtlie~ SkV'~ Pj ""

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United States Bisttiet Judge

¡t~hct

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EXHIBIT A

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LIMITED SPECIAL APPEARANCE AND AGREEMENT
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FOR ACCESS TO CONFIDENTIAL DOCUMENTS AND INFORMATION
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I hereby acknowledge and affirm that I have read the terms and conditions 0
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the Protective Order entered by the Court in the above-captioned Proceeding on the
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day

the Court's Order

of . I understand the terms of

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and under oath consent to be bound by the terms of the Court's Order as a
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condition to being provided access to confidential documents and information
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furnished by . By executing this
Agreement, I hereby consent to the jurisdiction of the above-captioned Court for

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the Court's Protective

the special and limited purpose of enforcing the terms of

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Order.
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perjury under the laws of

I hereby declare under the penalty of

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States of America that the above statements are true and correct.
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Dated:

By:

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Name:
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Title:
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Affiliation:

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Address:

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the United