Thomas A Seaman v. Sedgwick LLP

Filing 36

PROTECTIVE ORDER Regarding Confidential Material; Exhibit A Attached Hereto by Magistrate Judge Robert N. Block re Stipulation for Protective Order 35 . (twdb)

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PETER M. STONE (SB# 157994)
[e-mail]
PANTEHA ABDOLLAHI (SB# 230002)
[e-mail]
PAUL HASTINGS LLP
695 Town Center Drive
Seventeenth Floor
Costa Mesa, CA 92626-1924
Telephone: [phone]
Facsimile: [phone]
EDWARD HAN (SB# 196924)
[e-mail]
PAUL HASTINGS LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
SEDGWICK LLP

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THOMAS A. SEAMAN, Receiver,
Plaintiff,

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vs.
SEDGWICK, LLP,
Defendant.

CASE NO. SACV11-664 DOC (RNBx)
[PROPOSED] PROTECTIVE
ORDER REGARDING
CONFIDENTIAL MATERIAL;
EXHIBIT A ATTACHED HERETO
Complaint filed: May 2, 2011
Trial date: Unassigned

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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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Pursuant to Federal Rule of Civil Procedure 26(c)(7), and based upon the

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stipulation by and between plaintiff Thomas Seaman and defendant Sedgwick LLP,

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by and through their respective counsel of record, the Court hereby orders that the

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following Confidentiality Order shall govern the designation and handling of

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confidential information regardless of the medium or manner generated, stored, or

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maintained (including, among other things, testimony, transcripts, or tangible

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things) that are produced or generated in disclosures or responses to discovery in

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this matter.

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1.

Any party to this action and any non-party who produces documents or

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other information in this action may designate such information as

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“CONFIDENTIAL” pursuant to this Order. The following material may be

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designated: (a) material which the producing party believes, in good faith, is

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subject to protection under Rule 26(c)(1)(G), such as proprietary business or

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financial information; (b) information subject to a legally protected right of privacy;

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(c) information as to which third parties have reserved the right, by contract or

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otherwise, to object to or resist disclosure; and (d) other information not generally a

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matter of public record, or information that a party or non-party would not normally

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reveal to third parties or would cause third parties to maintain in confidence,

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including confidential research, development, commercial or personal information.

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2.

Information deemed confidential pursuant to this Order shall be

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designated by stamping or otherwise affixing to the information the legend

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“CONFIDENTIAL.” The legend shall be stamped or affixed so as not to obscure

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or deface the information. The designation of any information as

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“CONFIDENTIAL” pursuant to this Order shall not constitute an adjudication that

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such information, in fact, constitutes or contains such confidential information.

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3.

In accordance with Local Rule 79-5.1, if any papers to be filed with

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the Court contain information and/or documents that have been designated as

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“CONFIDENTIAL,” the proposed filing shall be accompanied by an application to
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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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file the papers or the portion thereof containing the designated information or

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documents (if such portion is segregable) under seal; and the application shall be

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directed to the judge to whom the papers are directed. For motions, the parties shall

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publicly file a redacted version of the motion and supporting papers.

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4.

Any party or deposition witness who wishes to designate as

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confidential deposition testimony may do so on the record during the deposition, or

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within thirty (30) days after receipt of the deposition transcript by providing written

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notice of the designation to the parties and any other affected person. If the

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designation is made on the record at the deposition, the person making the

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designation shall be responsible for assuring that those portions of the deposition

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transcript designated as “CONFIDENTIAL” are marked by the reporter in the

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manner described herein. If the designation is made by notice after receipt of the

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transcript, any party receiving notice of the designation shall stamp as

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“CONFIDENTIAL” the designated portions of the copies of the transcript in its

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possession, and shall take all reasonable steps to assure that transcripts copied but

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no longer in the possession of said party likewise are appropriately stamped.

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5.

If any document or information designated as “CONFIDENTIAL”

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pursuant to this Order is used or disclosed during the course of a deposition, that

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portion of the deposition record reflecting such material shall be stamped with the

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appropriate designation and access thereto shall be limited pursuant to the terms of

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this Order. The court reporter for the deposition shall mark the cover page of the

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deposition transcript and all appropriate pages or exhibits, and each copy thereof, in

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accordance with paragraph 2 of this Order. Only individuals who are authorized by

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the terms of this Order to see or receive such material may be present during the

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discussion or disclosure of such material.

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6.

Any party may designate as “CONFIDENTIAL” any documents or

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information previously produced or disclosed without such designation by the

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producing party, within sixty (60) days of such production or disclosure, by
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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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delivering written notice to the counsel who requested or obtained the confidential

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material and by providing to all parties copies of the documents with the

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“CONFIDENTIAL” legends. No party shall be liable for publicly disclosing a

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document deemed confidential if that disclosure occurred prior to receipt of said

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written notice.

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7.

In the event that, at any time, any party disagrees with another party’s

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designation of any material as “CONFIDENTIAL,” the parties shall confer in good

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faith to resolve the dispute. In conferring, the objecting party must explain in

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writing, sent via U.S. mail and e-mail, the basis for its belief that the confidentiality

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designation was not proper. The objecting party must also meaningfully identify

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the objectionable material, and must give the designating party an opportunity to

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review the designated material, to reconsider the circumstance, and, if no change in

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designation is offered, to explain the basis for the chosen designation. If the

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objections are not resolved on an informal basis within fifteen (15) calendar days

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after the objecting party gives notice in writing to the designating party, either party

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may submit to the Court the appropriate noticed motion that is made in strict

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compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation

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requirement). Notwithstanding the foregoing, the burden to prove that information

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has been properly designated as “CONFIDENTIAL” shall be on the party making

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such designation. Any disputed document or other material shall be treated as

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confidential until the Court rules otherwise.

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8.

All persons receiving confidential information pursuant to this Order

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are prohibited from disclosing such information and shall keep such information

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confidential as provided herein. This Order shall remain in full force and effect

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indefinitely until modified, superseded or terminated by Order of this Court, which

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may be entered pursuant to agreement of the parties hereto. This Order shall

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continue in effect after termination of this action and continue to be binding upon

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all persons to whom confidential information is disclosed hereunder.
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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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9.

All information designated as “CONFIDENTIAL” pursuant to this

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Order shall be used by counsel for the parties to this action only for the purpose of

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this litigation and shall not be used for any business, financial or other purpose

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whatsoever.

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10.

Except by agreement between the parties or further order of this Court,

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information designated as “CONFIDENTIAL” pursuant to this Order shall not be

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disclosed to any person other than the following:

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(a)

The Court and any Court staff and administrative personnel;

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(b)

Counsel for any party to this action, including support staff of

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such counsel;
(c)

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Counsel for any insurer or indemnitor of any defendant,

including support staff of such counsel;
(d)

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Named parties and/or partners, officers or employees of any

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party to this action who are assisting counsel in the prosecution or defense of this

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action;
(e)

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Any court reporter employed in this litigation and acting in that

(f)

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Experts or consultants retained by counsel to assist in the

capacity;

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preparation of this action or to testify at trial or at any other proceeding in this

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action;

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(g)

Any actual or potential witness in this action;

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(h)

Any person testifying at a deposition in this action; and

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(i)

Any person identified as having authored or previously received

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such material.
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Counsel desiring to reveal confidential information to any of the

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persons referred to in paragraph 10(f)-(g) shall inform such person that the material

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is subject to this Confidentiality Order and shall provide such person with a copy of

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this Order and a copy of Exhibit A prior to disclosure of any material designated as
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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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“CONFIDENTIAL”. Counsel desiring to reveal confidential information to any of

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the persons referred to in paragraph 10(f)-(g) shall receive a signed copy of

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Exhibit A before disclosing any material designated as “CONFIDENTIAL” to such

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person and shall maintain the executed copy of Exhibit A. In the event that a non-

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party refuses to sign Exhibit A, and the party requesting the signature still desires to

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reveal confidential information to the non-party, the party that has requested the

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signature shall notify the opposing party of a third party’s unwillingness to sign.

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The parties shall then meet and confer to reach an appropriate solution. If the

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parties are unable to resolve the dispute informally, the party seeking to disclose the

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documents shall have fifteen (15) calendar days from the meet and confer to file a

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motion seeking relief from the Court.

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12.

Information designated “CONFIDENTIAL” pursuant to this Order

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also may be disclosed if: (a) the party or non-party making the designation

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consents to such disclosure; (b) the Court, after notice to all affected persons,

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allows such disclosure; or (c) the party to whom confidential information has been

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produced thereafter becomes obligated to disclose the information in response to a

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lawful subpoena, provided that the subpoenaed party gives prompt notice to counsel

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for the party which made the designation, and permits counsel for that party

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sufficient time to intervene and seek judicial protection from the enforcement of

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such subpoena and/or entry of an appropriate protective order in the action in which

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the subpoena was issued.

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13.

Nothing in this Confidentiality Order shall limit any producing party’s

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use of its own documents or shall prevent any producing party from disclosing its

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own confidential information to any person. Such disclosures shall not affect any

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confidential designation made pursuant to the terms of this Order so long as the

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disclosure is made in a manner which is reasonably calculated to maintain the

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confidentiality of the information. Nothing in this Order shall prevent or otherwise

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restrict counsel from rendering advice to their clients, and in the course thereof,
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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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relying on examination of stamped confidential information.
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A party or non-party that makes original documents or materials

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available for inspection need not designate them for protection until after the

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inspecting party’s counsel has indicated which material it would like copied and

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produced. During the inspection and before designation, all of the material made

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available for inspection shall be deemed confidential. After the inspecting party’s

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counsel has identified the documents it wants copied and produced, the producing

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

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under this Order, then, before producing the specified documents, the producing

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party must affix the appropriate legend “CONFIDENTIAL.” Nothing in this

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paragraph requires the receiving party’s counsel to inspect documents before they

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are copied for production. It is in the requesting party counsel’s sole discretion to

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have delivered a complete set of responsive documents to a discovery request

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without prior inspection of said responsive documents.

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15.

Unless otherwise ordered or agreed to in writing by the producing

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party, within sixty (60) days after the final termination of his action, including any

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appeals, each receiving party must return or destroy all confidential information to

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the producing party. As used in this subdivision, confidential information includes

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all copies, abstracts, compilations, summaries or any other form of reproducing or

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capturing any of the confidential information. Notwithstanding this provision, the

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Receiver is not required to return or destroy any copies of its client files produced

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by Sedgwick. Additionally, counsel in this action are entitled to retain an archival

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copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence

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or attorney work product, even if such materials contain confidential information.

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Any such archival copies that contain or constitute confidential information remain

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subject to this Order as set forth in paragraph 8 above.

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This Order shall apply to all parties, including all parties that may be

brought into this case after execution of this Order, and to all non-parties producing
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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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or receiving confidential information.
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If, by inadvertence or otherwise, any confidential information is

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disclosed to any person not authorized to receive it under this Order, then the

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disclosing person shall promptly identify the recipient(s) and the circumstances of

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the unauthorized disclosure to the relevant producing person(s) and use best efforts

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to bind the recipient(s) to the terms of this Order. No information shall lose its

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confidential status because it was disclosed inadvertently or disclosed to a person

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not authorized to receive it under the terms of this Order.
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The Court shall retain jurisdiction, even after termination of this

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lawsuit: (a) to make such amendments, modifications and additions to this Order as

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it may from time to time be deemed appropriate upon good cause shown; and (b) to

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adjudicate any dispute respecting improper use or disclosure of confidential

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material. The parties may provide by stipulation for exceptions to this Order.
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Nothing in this Order shall be deemed to relieve a party from

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producing documents or from making timely responses or objections to discovery

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requests. Nothing in this Order shall be deemed a waiver of any party’s rights to

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oppose production of any information, whether or not confidential, upon any proper

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grounds. No party waives any right to object on any grounds to the use in evidence

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of any of the material covered by this Order. Nothing in this Order is intended to or

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should be construed as authorizing a party to disobey a lawful subpoena issued in

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another action.
FOR GOOD CAUSE SHOWN, this stipulated protective order regarding

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confidentiality of material, in its entirety, is hereby ordered into full force and

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effect.

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Dated: June 04, 2012
The Honorable Robert N. Block
U.S. Magistrate Judge

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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, ___________________, of _____________________, declare under

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penalty of perjury that I have read in its entirety and understand the Confidentiality

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Order that was issued by the United States District Court for the Central District of

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California on

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Case No. SACV11-664 DOC (RNBx). I agree to comply with and to be bound by

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all the terms of this Confidentiality Order. I solemnly promise that I will not

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disclose in any manner any information or item that is subject to this

in the case of THOMAS SEAMAN vs. SEDGWICK LLP,

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Confidentiality Order to any person or entity except in strict compliance with the

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provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court

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for the Central District of California for the purpose of enforcing the terms of this

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Confidentiality Order, even if such enforcement proceedings occur after

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termination of this action.

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Date:

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City and State where sworn and signed:

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Printed name:

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Signature:

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PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION