Joseph A Giacopelli v. Jackson National Life Insurance Company et al

Filing 44

STIPULATED PROTECTIVE ORDER; ORDER THEREON by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 42 . (See Order for details)[Note: Changes Made By The Court] (bem)

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NOTE: CHANGES MADE BY THE COURT

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JOSEPH A. GIACOPELLI,

)
)
Plaintiff,
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vs.
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JACKSON NATIONAL LIFE
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INSURANCE COMPANY,
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REASSURE AMERICA LIFE
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INSURANCE COMPANY, VALLEY )
FORGE LIFE INSURANCE
)
COMPANY, MACCABEES MUTUAL )
LIFE INSURANCE COMPANY, and )
DOES 1 through 100, inclusive,
)
)
Defendants.
)
)

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BARGER & WOLEN LLP
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c:\temp\notesc7a056\15 stip prot order.doc

CASE NO.: SACV 13-01472 JVS (JPRx)
STIPULATED PROTECTIVE
ORDER; ORDER THEREON

Complaint Filed: June 19, 2013

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Plaintiff Joseph Giacopelli and Defendant Jackson National Life Insurance

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Company (collectively referred to herein as the “Parties”), by and through their

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counsel of record, hereby stipulate to the following Protective Order regarding

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documents to be produced in the above-captioned matter:

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1.

Designated Material. The Parties hereto designate certain documents to

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be produced to each other, and all information or material derived from such

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documents, as “Designated Material” under this Protective Order. Third parties who

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are not named in this action but who produce confidential information may also

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produce “Designated Material” under this Protective Order. Designated Material

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shall be “CONFIDENTIAL,” and the party that designates the documents as

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“CONFIDENTIAL” shall be deemed the “Designating Party” with respect to those

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designated documents. Such designation is to be made for the purposes of protecting

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sensitive, confidential, trade secret, private and/or proprietary medical and/or

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business information relating to the Parties and/or others. Designated Material may

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also include sensitive, confidential, private and personal information that relates to or

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concerns third parties. Designated Material is information that has not been made

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public and has been and is the subject of efforts that are reasonable under the

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circumstances to maintain its secrecy.

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2.

Access. Designated Material shall not be used or disclosed for any

purposes other than the litigation of this action and may be disclosed only as follows:

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A.

Designated Material may be disclosed only to “qualified persons,”

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defined as (1) the Parties to this action who have appeared and who have signed this

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Stipulated Protective Order, and the attorneys representing the Parties to this action

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(including their employees), and the officers, directors, members, employees and

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attorneys representing the corporate parties to this action who need to review the

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material to assist with that party’s defense or prosecution of its case, and to

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prospective witnesses who have agreed in writing to be bound by this Protective

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Order in the form of an executed Declaration of Compliance, attached hereto as

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Exhibit “A,” (2) non-party consultants and experts who have agreed in writing to be

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bound by this Protective Order in the form of an executed Declaration of Compliance,

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attached hereto as Exhibit “A,” and (3) the Court and its staff, the jury, those present

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in the courtroom during the trial of this matter, including all pre-trial and motion

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hearings, and during presentation/argument of this evidence unless the Court orders

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otherwise, and any other person as to whom the parties in writing agree.

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B.

Copies. Copies and extracts may be made by or for the foregoing

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qualified persons, provided that all copies and extracts are appropriately marked as

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set forth below in paragraph 2(F). All copies and extracts of Designated Material are

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subject to paragraph 2(G) of this Protective Order.

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C.

Custody of Designated Material. A person with custody of

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Designated Material shall maintain it in a manner that limits access only to those

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qualified persons identified above in paragraph 2(A).

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D.

Authors and Addressees. The designation of any document as

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“CONFIDENTIAL” shall not preclude any party from showing the document to any

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person who appears as an author, addressee or recipient on the face of the document.

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Disclosure of a document designated as “CONFIDENTIAL” to an author, addressee

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or recipient of the document shall not change the confidential status of Designated

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Material and shall not be deemed a waiver of privileges asserted on the ground that

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Designated Material is confidential, proprietary and/or trade secret.

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E.

Declaration of Compliance and Objections. Prior to disclosing

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documents as discussed in paragraphs 2(A) through 2(D), counsel disclosing the

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information will ensure that the qualified person to whom the documents are to be

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disclosed has understood and executed the Declaration of Compliance, attached

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hereto as Exhibit “A.” Declarations of Compliance shall be maintained by the party

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who obtained them for a period of three years and shall be made available upon

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request or in the event of a dispute pertaining to the disclosure of Designated

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Material.

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F.

Designating Documents. When a party producing documents

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wishes to designate all or some portion of said documents as “CONFIDENTIAL,”

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such designation shall be made by placing the word “CONFIDENTIAL” on each

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page of the document continuing confidential information prior to production. In the

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case of multiple-page documents, the Designating Party may designate documents in

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bulk as confidential by stamping the first page of a stapled set or group of documents

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with the word “CONFIDENTIAL” or by affixing a separate page or pages to a

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stapled set or group of documents (which shall be numbered) identifying the number

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of each document intended to be designated as confidential. Entire documents may

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not be designated as confidential, however, unless all or nearly all of the document

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includes such material.

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G.

Return of Materials. All Designated Material, including any

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copies provided to qualified persons, shall be returned to the Designating Parties,

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upon their request, within thirty (30) days of the conclusion of this litigation,

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including the conclusion of any appeals. Any Designated Material may be retained

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by a party only if given the Designating Party’s express written permission. Any

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work product derived from Designated Material shall be maintained by a party in a

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confidential manner consistent with the terms of this protective order or destroyed.

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Each party shall maintain its Designated Material for a period of three years after the

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conclusion of the action, including any appeals.

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3.

Designating Depositions.
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Deposition transcripts or portions thereof may be designated as

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“CONFIDENTIAL” before or during the deposition, in which case the transcript of

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the designated testimony and exhibits marked “CONFIDENTIAL” shall be bound in

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a separate volume and marked with the word “CONFIDENTIAL” by the reporter, as

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the party seeking to designate the material as confidential may direct. The parties

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agree that the disclosure of Designated Material, testimony and/or exhibits

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concerning Designated Material to court reporters, videographers and/or their staff

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shall not change the confidential status of Designated Material and shall not be

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deemed a waiver of privileges asserted as to the Designated Material.

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B.

Where testimony is designated at a deposition, the parties hereto

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may exclude from the deposition all persons other than those to whom the Designated

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Material may be disclosed under paragraph 2 of this Protective Order.

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C.

Any party may mark Designated Material as a deposition exhibit

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and examine any witness thereon, provided that the deposition witness is a qualified

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person to whom the exhibit may be disclosed under paragraph 2 of this Protective

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Order and the exhibit and related transcript pages receive the same confidentiality

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designation as the original material.

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D.

Notwithstanding all of the foregoing, to eliminate the need for

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marking Designated Material in a deposition, the parties shall strive to reach

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agreement to refer to such documents by control or bates-stamp number, and agree

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that to the extent a witness might authenticate a document at a deposition, with the

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document attached, he or she can do so similarly if the document is not attached, but

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is sufficiently described by control or Bates-stamp number.

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4.

Court Procedures.
A.

The parties agree that the employees of the Court or the Clerk's

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office have no duty to the parties to maintain the confidentiality of any information in

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any papers filed with the Court, except in compliance with any Court orders

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regarding the Designated Material.

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B.

Any Designating Party who wishes to keep Designated Material

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confidential at the time of trial shall show cause in advance of trial to proceed in a

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manner that preserves the confidentiality of the Designated Material. The parties

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agree that the procedures for protecting the confidentiality of Designated Material at

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the time of trial will be done in accordance with the Court’s instructions, and that the

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parties will cooperate in complying with such instructions.

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C.

If a Party wishes to file with the Court in this matter any

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Designated Material, that Party shall comply fully with the Court’s “Procedure for

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Presenting Documents Electronically For Sealing,” which states as follows: “The

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filing party is required to (1) electronically file the Application to File Under Seal,

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proposed order, and notice of Manual Filing, (2) email a PDF version of the proposed

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under seal documents and a Word or WordPerfect version of the proposed order to

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the Judge's chambers e-mail address (i.e., [e-mail]); and

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(3) deliver the following to the Clerk's Office window no later than noon the next

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court day: one copy each of the Notice of Manual Filing, the Application, the

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proposed order, and the proposed under seal documents. DO NOT deliver copies to

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the Judge’s drop box on the 8th floor. If the Court grants the application to file under

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seal, the CRD will e-mail conformed copies of the sealed documents to the filing

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party. The filing party is required to serve copies of the sealed documents on all

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other parties as applicable and to e-file a proof of service within 24 hours. The

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parties are reminded that the Application itself is not under seal. If a party wishes to

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file declarations, memoranda, and/or exhibits in support of the Application under seal

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then the procedures set out above would have to be followed.”

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D.

Any Party who requests that the Court seal a document shall file

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the necessary application and any other papers as required by the Court to have the

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document sealed.

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5.

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Additional Relief.
A.

Nothing in this Protective Order shall preclude any party from

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seeking and obtaining additional or different protection with respect to the

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confidentiality of discovery. Nothing in this Protective Order shall prejudice any

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motion to modify this Protective Order or to challenge the opposing party’s

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designation of a document as confidential.

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B.

Unless all parties stipulate otherwise, evidence of the existence or

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nonexistence of a designation under this Protective Order shall not be admissible for

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any purpose during any proceeding on the merits of this action.

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6.

Enforceability of Stipulation as Binding Contract Between the Parties.

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The parties agree that even if the Court does not sign and enter the Proposed Order

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hereto that the parties will be bound by all of the terms and conditions of this

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Stipulation as a separate and enforceable contract between the parties.

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7.

Modification and Survival. The restrictions imposed by this Protective

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Order may only be modified or terminated by written stipulation of all parties or by

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order of this Court. No modification by the parties shall have the force or effect of a

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court order absent prior court approval. This Protective Order shall survive

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termination of this action.

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No Waiver of Objections. Nothing in this Protective Order shall be

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deemed a waiver of any objections any party may have to the admissibility of

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Designated Material or information or material derived therefrom. All applicable

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objections are hereby expressly reserved.

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Dated: September 9, 2014

BARGER & WOLEN LLP

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By: /s/ Jenny H. Wang
JENNY H. WANG
Attorneys for Defendant Jackson
National Life Insurance Company

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Dated: September 9, 2014

DONAHUE & HORROW LLP

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By: /s/ Nichole Podgurski
NICHOLE PODGURSKI
Attorneys for Plaintiff Joseph
Giacopelli

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IT IS SO ORDERED.

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Dated: September 12, 2014

_______________________________________
THE HON. JEAN P. ROSENBLUTH
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT “A”

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AGREEMENT TO BE BOUND BY AGREED PROTECTIVE ORDER
AND ORDERS PURSUANT THERETO
I, __________________________, of
__________________________________, in order to be provided access to the
Designated Material, which are the subject of the Protective Order in a lawsuit
entitled “Joseph Giacopelli v. Jackson National Life Insurance Company,” Case No.
SACV 13-01472 JVS (JPRx) pending in the United States District Court for the
Central District of California, (the “Action”) represent and agree as follows:

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1. I have been provided with a copy of the Order and have reviewed and
am familiar with its terms.

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2. With regard to the Designated Material to which I am given access in
connection with the Action, I agree to be bound by the provisions of the Order as of
this date. I specifically agree that I will promptly return all copies of the Designated
Material to the person from whom I received them upon request by that person.

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3. I consent to the exercise of jurisdiction over me by the court with respect
to the Order.
Signed:
Name:
Dated:

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