G&M Oil Company, Inc. v. American Zurich Insurance Company et al

Filing 26

STIPULATED PROTECTIVE ORDER; ORDER 24 by Magistrate Judge Douglas F. McCormick: Pursuant to Stipulation, It is so ordered. (lwag)

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Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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LOCKE LORD LLP
Kelly S. Biggins (SBN 252515)
[e-mail]
300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071
Phone: [phone]
Steven T. Whitmer (pro hac vice)
[e-mail]
Ashlee M. Knuckey (pro hac vice)
[e-mail]
111 South Wacker Drive
Chicago, IL 60606
Phone: [phone]
Fax: [phone]
Counsel for Defendants/Counter-Claimants
ZURICH AMERICAN INSURANCE COMPANY, AMERICAN ZURICH
INSURANCE COMPANY, and ZURICH SERVICES CORPORATION
DOSS LEGAL SERVICES
Bryan S. Doss, Esq. (SBN 239791)
[e-mail]
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Phone: [phone]
Counsel for Plaintiff/Counter-Defendant
G&M OIL COMPANY, INC.
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
G&M OIL COMPANY, INC.,

)
)
Plaintiff,
)
vs.
)
)
ZURICH AMERICAN INSURANCE )
COMPANY; AMERICAN ZURICH
)
INSURANCE COMPANY; ZURICH )
SERVICES CORPORATION; and
)
DOES 1 through 50,
)
)
Defendants.
)
)
ZURICH AMERICAN INSURANCE )
COMPANY and AMERICAN ZURICH )
INSURANCE COMPANY,
)
)
Counter-Claimants, )
vs.
)
)
G&M OIL COMPANY, INC.,
)
)
Counter-Defendant. )
)

CASE NO. 8:15-CV-00204-JVS-DFM
Hon. James V. Selna
STIPULATED PROTECTIVE
ORDER; [PROPOSED] ORDER

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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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1.

PURPOSES AND LIMITATIONS
There is good cause for entry of this Stipulated Protective Order because

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disclosure and discovery in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from

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public disclosure and from use for any purpose other than prosecuting this

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litigation may be warranted. For example, the parties anticipate that they will

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produce information that refers to workers compensation claimants by names,

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addresses, their work related injuries and may contain their social security

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numbers or parts thereof. The claimants may have privacy interests in such

Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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information. The parties may also exchange confidential information related to

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the defense and settlement of various workers compensation claims that remain

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open, the public disclosure of which may prejudice the parties with respect to that

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pending litigation. In addition, the production of Defendants/Counter-Claimants

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Zurich American Insurance Company, American Zurich Insurance Company and

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Defendant Zurich Services Corporation (collectively, “Defendants”) may contain

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proprietary underwriting information that Defendants would not share with their

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competitors, such as Defendants’ pricing analysis, the terms and conditions on

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which Defendants would accept the risk and Defendants’ implementation of the

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insurance program.

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Accordingly, the parties hereby stipulate to and petition the Court to enter

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the following Stipulated Protective Order. The parties acknowledge that this

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Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment

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under the applicable legal principles. The parties further acknowledge, as set

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forth in Paragraph 12.3 below, that this Stipulated Protective Order does not

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entitle them to file confidential information under seal; Civil Local Rule 79-5.1

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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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sets forth the procedures that must be followed and the standards that will be

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applied when a party seeks permission from the Court to file material under seal.

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2.

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DEFINITIONS
2.1.

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

designation of information or items under this Order.
2.2.

“Claim File(s)”: refers to the term of art used in the insurance

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industry to describe the documents, information and/or tangible things (regardless

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of how they are generated, stored or maintained) that make up the “file” kept by

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Defendants and/or Plaintiff/Counter-Defendant G&M Oil Company, Inc.

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(“Plaintiff”) for any workers compensation claims. Claim File does not refer to

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any documents, information or tangible things (regardless of how they are

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generated, stored or maintained) that may generally refer to a claim or claimant

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but are not part of the actual file kept by Defendants and/or Plaintiff for any

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particular workers compensation claim.

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2.3

“CONFIDENTIAL” Information or Items: information and/or

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tangible things (regardless of how they are generated, stored or maintained) that

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qualify for protection under Federal Rule of Civil Procedure 26(c).

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2.4.

Counsel (without qualifier): Outside Counsel of Record and In-

House Counsel (as well as their support staff).
2.5.

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

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

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.6.

Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner in which it is generated, stored, or

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maintained (including, among other things, testimony, transcripts and 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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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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2.7.

Expert: a person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or its counsel to

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serve as an expert witness or as a consultant in this action.

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2.8.

“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

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Items: Claim Files, as well as information and/or tangible things (regardless of

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how they are generated, stored or maintained) that would otherwise be exempted

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from disclosure under California Labor Code Section 3762.

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300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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2.9.

In-House Counsel: attorneys who are employees of a Party to this

action. In-House Counsel does not include Outside Counsel of Record or any
other outside counsel.
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

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Party to this action but are retained to represent or advise a Party to this action and

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have appeared in this action on behalf of that Party or are affiliated with a law

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firm which has appeared on behalf of that Party.

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2.12. Party: any party to this action, including all of its officers, directors,

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

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their support staffs).

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2.13. Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2.14. Professional Vendors: persons or entities that provide litigation

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

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or demonstratives and organizing, storing or retrieving data in any form or

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medium) and their employees and subcontractors.

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2.15. Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY.”

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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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2.16. Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE
The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries or

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

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presentations by Parties or their Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover the

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300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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following information: (a) any information that is in the public domain at the time

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of disclosure to a Receiving Party or becomes part of the public domain after its

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disclosure to a Receiving Party as a result of publication not involving a violation

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of this Order, including becoming part of the public record through trial or

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otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source

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who obtained the information lawfully and under no obligation of confidentiality

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to the Designating Party. Any use of Protected Material at trial shall be governed

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by a separate agreement or order.

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4.

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DURATION
Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. “Final Disposition” shall

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be deemed to be the later of (1) dismissal of all claims and defenses in this action,

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with or without prejudice; and (2) final judgment herein after the completion and

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exhaustion of all appeals, rehearings, remands, trials or reviews of this action,

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including the time limits for filing any motions or applications for extension of

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time pursuant to applicable law.

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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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5.

DESIGNATING PROTECTED MATERIAL
5.1.

Exercise of Restraint and Care in Designating Material for

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Protection. Each Party or Non-Party that designates information or items for

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protection under this Order must take care to limit any such designation to

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specific material that qualifies under the appropriate standards. The Designating

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Party must designate for protection only those parts of material, documents, items,

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or oral or written communications that qualify – so that other portions of the

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material, documents, items or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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Mass, indiscriminate or routinized designations are prohibited. If it comes

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to a Designating Party’s attention that information or items that it designated for

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

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notify all other Parties that it is withdrawing the mistaken designation.

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5.2.

Manner and Timing of Designations. Except as otherwise provided

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

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otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies

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for protection under this Order must be clearly so designated before the material

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is disclosed or produced.

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Designation in conformity with this Order requires:
(a)

For information in documentary form (e.g., paper or electronic

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

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains

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protected material.

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A Party or Non-Party that makes original documents or materials available

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

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Party has indicated which material it would like copied and produced. During the

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inspection and before the designation, all of the material made available for
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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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inspection shall be deemed “CONFIDENTIAL,” or “CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” if it concerns any potential claims information or

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corporate financial information. After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must determine

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which documents, or portions thereof, qualify for protection under this Order.

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Then, before producing the specified documents, the Producing Party must affix

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the “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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legend to each page that contains Protected Material.

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(b)

For testimony given in deposition or in other pretrial or trial

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proceedings, that the Designating Party identify on the record, before the close of

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the deposition, hearing, or other proceeding, all protected testimony.

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(c)

For information produced in some form other than

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documentary and for any other tangible items, that the Producing Party affix in a

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prominent place on the exterior of the container or containers in which the

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information or item is stored the legend “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or

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portions of the information or item warrant protection, the Producing Party, to the

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extent practicable, shall identify the protected portion(s).

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5.3.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the Designating Party’s right to secure protection under this Order for such

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material. Upon timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1.

Timing of Challenges. Any Party or Non-Party may challenge a

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designation of confidentiality at any time. Unless a prompt challenge to a

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Designating Party’s confidentiality designation is necessary to avoid foreseeable,
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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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substantial unfairness, unnecessary economic burdens or a significant disruption

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or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2.

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process by providing written notice of each designation it is

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challenging and describing the basis for each challenge. To avoid ambiguity as to

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whether a challenge has been made, the written notice must recite that the

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challenge to confidentiality is being made in accordance with this specific

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300 South Grand Avenue, Suite 2600
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Paragraph of this Stipulated Protective Order. The Parties shall attempt to resolve

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each challenge in good faith and must begin the process by conferring directly (in

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voice to voice dialogue; other forms of communication are not sufficient) within

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10 days of the date of service of notice. In conferring, the Challenging Party must

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explain the basis for its belief that the confidentiality designation was not proper

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and must give the Designating Party an opportunity to review the designated

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material, to reconsider the circumstances, and, if no change in designation is

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offered, to explain the basis for the chosen designation. A Challenging Party may

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proceed to the next stage of the challenge process only if it has engaged in this

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meet and confer process first or establishes that the Designating Party is unwilling

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to participate in the meet and confer process in a timely manner.

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6.3.

Judicial Intervention. If the Parties cannot resolve a challenge

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without court intervention, the Designating Party shall file and serve a motion to

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retain confidentiality (in compliance with Civil Local Rules 37-1, 37-2, and 79-

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5.1) within 21 days of the initial notice of challenge or within 14 days of the

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Parties agreeing that the meet and confer process will not resolve their dispute,

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whichever is earlier. Any motion brought pursuant to this provision is subject to

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Civil Local Rules 37-1 and 37-2, including, but not limited to, the requirement

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that a joint stipulation shall be filed and served with the notice of motion. Each
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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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such motion must be accompanied by a competent declaration affirming that the

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movant has complied with the meet and confer requirements imposed in the

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preceding Paragraph. Failure by the Designating Party to make such a motion

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including the required declaration within 21 days (or 14 days, if applicable) shall

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automatically waive the confidentiality designation for each challenged

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designation. In addition, the Challenging Party may file a motion challenging a

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confidentiality designation at any time if there is good cause for doing so,

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including a challenge to the designation of a deposition transcript or any portions

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thereof. Any motion brought pursuant to this provision must be accompanied by

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a competent declaration affirming that the movant has complied with the meet and

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confer requirements imposed by the preceding Paragraph.

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

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Designating Party. Unless the Designating Party has waived the confidentiality

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designation by failing to file a motion to retain confidentiality as described above,

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all Parties shall continue to afford the material in question the level of protection

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to which it is entitled under the Producing Party’s designation until the Court

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rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1.

Basic Principles. A Receiving Party may use Protected Material that

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

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this case only for prosecuting, defending or attempting to settle this litigation.

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

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under the conditions described in this Order. When the litigation has been

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terminated, a Receiving Party must comply with the provisions of Paragraph 13

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below (FINAL DISPOSITION).

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

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

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authorized under this Order.

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STIPULATED PROTECTIVE ORDER
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7.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this

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

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reasonably necessary to disclose the information for this litigation;

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(b)

The officers, directors and employees (including In-House

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

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(c)

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

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whom disclosure is reasonably necessary for this litigation and who have signed

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

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(d)

The Court and its personnel;

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(e)

Court reporters, Professional Vendors and their staffs;

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(f)

Professional jury or trial consultants or mock jurors to whom

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

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

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(g)

During their depositions, witnesses in the action to whom

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disclosure is reasonably necessary. Pages of transcribed deposition testimony or

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exhibits to depositions that reveal Protected Material may not be disclosed to

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anyone except as permitted under this Stipulated Protective Order. The Parties

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will endeavor to have the witness sign and execute the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A), but their refusal to execute will not prevent

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them from being questioned regarding the Protected Material; and

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(h)

The author or recipient of a document containing the

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

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information.

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STIPULATED PROTECTIVE ORDER
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7.3.

Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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Information or Items. Unless otherwise ordered by the Court or permitted in

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writing by the Designating Party, a Receiving Party may disclose any information

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or item designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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(a)

The Receiving Party’s Outside Counsel of Record in this

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

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reasonably necessary to disclose the information for this litigation;

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(b)

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

whom disclosure is reasonably necessary for this litigation and who have signed
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(c)

The Court and its personnel;

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(d)

Court reporters, Professional Vendors and their staffs; and

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(e)

Professional jury or trial consultants or mock jurors to whom

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

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

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(f)

During their depositions, witnesses in the action to whom

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disclosure is reasonably necessary. Pages of transcribed deposition testimony or

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exhibits to depositions that reveal Protected Material may not be disclosed to

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anyone except as permitted under this Stipulated Protective Order. The Parties

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will endeavor to have the witness sign and execute the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A), but his refusal to execute will not prevent

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him from being questioned regarding the Protected Material. However, it is

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understood that “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information

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will not be disclosed to people who are identified in category 7.2(b) above [the

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officers, directors and employees (including In-House Counsel) of the Receiving

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Party]; and

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STIPULATED PROTECTIVE ORDER
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(g)

The author or recipient of a document containing the

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

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information.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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

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litigation that compels disclosure of any information or items designated in this

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action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY,” that Party must:

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(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

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

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the subpoena or order is subject to this Stipulated Protective Order. Such

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notification shall include a copy of this Stipulated Protective Order; and

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(c)

Cooperate with respect to all reasonable procedures sought to

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

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

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this action as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” before a determination by the Court from which the subpoena or order

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issued, unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that

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court of its “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” material – and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this action to disobey a lawful

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directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced

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by a Non-Party in this action and designated as “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced

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

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relief provided by this Order. Nothing in these provisions should be construed as

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prohibiting a Non-Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery

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request, to produce a Non-Party’s “CONFIDENTIAL” or “CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” information in its possession, and the Party is

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

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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information, then the Party shall:

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(1)

Promptly notify in writing the Requesting Party and the

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Non-Party that some or all of the information requested is subject to a

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confidentiality agreement with a Non-Party;

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(2)

Promptly provide the Non-Party with a copy of the

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Stipulated Protective Order in this litigation, the relevant discovery request(s), and

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a reasonably specific description of the information requested; and

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(3)

Make the information requested available for inspection

by the Non-Party.
(c)

If the Non-Party fails to object or seek a protective order from

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this Court within 14 days of receiving the notice and accompanying information,

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the Receiving Party may produce the Non-Party’s “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information responsive to

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

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Receiving Party shall not produce any information in its possession or control that
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STIPULATED PROTECTIVE ORDER
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is subject to the confidentiality agreement with the Non-Party before a

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determination by the Court. Absent a court order to the contrary, the Non-Party

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shall bear the burden and expense of seeking protection in this Court of its

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Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately

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(a) notify the Designating Party in writing of the unauthorized disclosures, (b) use

Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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its best efforts to retrieve all unauthorized copies of the Protected Material,

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(c) inform the person or persons to whom unauthorized disclosures were made of

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all the terms of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as

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Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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

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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the Parties reach an agreement on the effect of

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disclosure of a communication or information covered by the attorney-client

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privilege or work product protection, the Parties may incorporate their agreement

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in the stipulated protective order submitted to the Court.

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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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12.

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

any person to seek its modification by the Court in the future.

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12.2. Right to Assert Other Objections. By stipulating to the entry of this

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

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object to disclosing or producing any information or item on any ground not

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addressed in this Stipulated Protective Order. Similarly, no Party waives any

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right to object on any ground to the use in evidence of any of the material covered

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by this Stipulated Protective Order.

Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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12.3. Filing Protected Material. Without a court order secured after

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appropriate notice to all interested persons, a Party may not file any Protected

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Material in the public record in this action. A Party that seeks to file any

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Protected Material under seal must comply with Civil Local Rule 79-5.1.

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Protected Material may only be filed under seal pursuant to a court order

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authorizing the sealing of the specific Protected Material at issue. If a Receiving

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Party’s request to file Protected Material under seal pursuant to Civil Local Rule

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79-5.1 is denied by the Court, then the Receiving Party may file the information

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in the public record, unless otherwise instructed by the Court.

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13.

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FINAL DISPOSITION
Within 60 days after the Final Disposition of this action, as defined in

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Paragraph 4, each Receiving Party must return all Protected Material to the

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Producing Party or destroy such material. As used in this subdivision, “all

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Protected Material” includes all copies, abstracts, compilations, summaries and

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any other format reproducing or capturing any of the Protected Material. Whether

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the Protected Material is returned or destroyed, the Receiving Party must submit a

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written certification to the Producing Party (and, if not the same person or entity,

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to the Designating Party) by the 60 day deadline that (1) identifies (by category,

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where appropriate) all the Protected Material that was returned or destroyed, and
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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

1

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

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compilations, summaries or any other format reproducing or capturing any of the

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Protected Material. Notwithstanding this provision, Counsel are entitled to retain

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

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

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

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

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or constitute Protected Material remain subject to this Stipulated Protective Order

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as set forth in Paragraph 4 (DURATION).

Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: May 18, 2015

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Respectfully submitted,
LOCKE LORD LLP

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By: /s/ Kelly S. Biggins
Kelly S. Biggins
Steven T. Whitmer (pro hac vice)
Ashlee M. Knuckey (pro hac vice)
Attorneys for Defendants ZURICH AMERICAN
INSURANCE COMPANY, AMERICAN ZURICH
INSURANCE COMPANY and ZURICH SERVICES
CORPORATION

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Dated: May 18, 2015

Respectfully submitted,
DOSS LEGAL SERVICES

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By: /s/ Bryan S. Doss
Bryan S. Doss
Attorney for Plaintiff G&M OIL COMPANY, INC.

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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

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CERTIFICATION

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Pursuant to L.R. 5-4.3.4(a)(2)(i), the filing attorney attests that she has

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obtained concurrence regarding this document’s content and authorization to file

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this document from the indicated signatories to the document.

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Dated: May 18, 2015

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By: /s/ Kelly S. Biggins
Kelly S. Biggins

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

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DATED: May 26, 2015

________________________________
Honorable Douglas F. McCormick
United States Magistrate Judge

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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM

1

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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

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

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

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California on ____________ [date] in the case of G&M Oil Company, Inc. v.

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Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM.

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I agree to comply with and to be bound by all the terms of this Stipulated

Locke Lord LLP
300 South Grand Avenue, Suite 2600
Los Angeles, California 90071

10

Protective Order and I understand and acknowledge that failure to so comply

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could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item

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that is subject to this Stipulated Protective Order to any person or entity except in

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strict compliance with the provisions of this Order.

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

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

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of this Stipulated Protective Order, even if such enforcement proceedings occur

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after 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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STIPULATED PROTECTIVE ORDER
G&M Oil Company, Inc. v. Zurich American Insurance Company, et al., Case No. 8:15-cv-00204-JVS-DFM