California Surgical Institute, Inc. v. AETNA Life and Casualty (Bermuda) LTD et al

Filing 35

MEMORANDUM AND ORDER RE: PARTIES' PROPOSED STIPULATION AND QUALIFIED PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams. The Court has received and considered the parties' proposed Stipulation and Qualified Protective Order ("Protective Order") 33 . The Court is unable to adopt the Protective Order as stipulated to by the parties for the following reasons: SEE ORDER FOR DETAILS. (ch)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 SOUTHERN DIVISION 11 12 13 CALIFORNIA SURGICAL INSTITUTE, INC., Plaintiff, 14 v. 15 16 AETNA LIFE AND CASUALTY (BERMUDA) LTD., et al., 17 Defendants. 18 ) ) ) ) ) ) ) ) ) ) ) ) No. SA CV 17-310-AG (PLAx) MEMORANDUM AND ORDER RE: PARTIES’ PROPOSED STIPULATION AND QUALIFIED PROTECTIVE ORDER 19 The Court has received and considered the parties’ proposed Stipulation and Qualified 20 Protective Order (“Protective Order”). The Court is unable to adopt the Protective Order as 21 stipulated to by the parties for the following reasons: 22 First, if confidential material is included in any papers to be filed in Court, such papers shall 23 be accompanied by an application to file the papers -- or the confidential portion thereof -- under 24 seal; the application must demonstrate good cause for the under seal filing. (See page 5, ¶ 4). 25 The application shall be directed to the judge to whom the papers are directed. Pending the ruling 26 on the application, the papers or portions thereof subject to the sealing application shall be lodged 27 under seal. 28 1 2 Second, any challenge to the designation or disclosure of confidential information must occur within the discovery period established by the District Judge. (See page 7, at ¶ 9). 3 Third, in the event of a dispute regarding the designation or disclosure of confidential 4 information, the procedure for obtaining a decision from the Court is that set forth in Local Rule 5 37. (See, e.g., pages 7-8, ¶ 9). If the parties want to file the Joint Stipulation required by Local 6 Rule 37 under seal, the parties may file a stipulation to that effect or the moving party may file an 7 ex parte application making the appropriate request. The parties must set forth good cause in the 8 stipulation or ex parte application as to why the Joint Stipulation or portions thereof should be filed 9 under seal. 10 Fourth, once a case proceeds to trial, all of the court-filed information that is to be 11 introduced and was previously designated as confidential and/or kept and maintained pursuant 12 to the terms of a protective order becomes public and will be presumptively available to all 13 members of the public, including the press, unless compelling reasons supported by specific 14 factual findings to proceed otherwise are made to the district judge in advance of the trial. See, 15 e.g., Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995); San Jose Mercury News, Inc. 16 v. U.S. District Court - Northern District, 187 F.3d 1096, 1102 (9th Cir. 1999); Kamakana v. City 17 and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” 18 showing for sealing documents produced in discovery and attached to non-dispositive motions 19 from “compelling reasons” standard when merits-related documents are part of the judicial record). 20 The Court will not enter a protective order that extends beyond the commencement of trial. 21 Finally, the Court may only enter a protective order upon a showing of good cause. Phillips 22 v. G.M. Corp., 307 F.3d 1206, 1209 (9th Cir. 2002) (Rule 26(c) requires a showing of “good cause” 23 for a protective order); Makar-Wellbon v. Sony Electronics, Inc., 187 F.R.D. 576, 577 (E.D.Wis. 24 1999) (even stipulated protective orders require good cause showing). The parties’ stipulation 25 does not contain sufficient statements to demonstrate good cause for issuing the protective order. 26 In any revised stipulated protective order submitted to the Court, the parties must include a 27 statement demonstrating good cause for entry of a protective order pertaining to the documents 28 2 1 or information described in the order. The paragraph containing the statement of good cause 2 should be preceded by a heading stating: “GOOD CAUSE STATEMENT.” 3 4 5 DATED: October 10, 2017 PAUL L. ABRAMS UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?