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)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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CALIFORNIA SURGICAL INSTITUTE,
INC.,
Plaintiff,

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v.

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AETNA LIFE AND CASUALTY
(BERMUDA) LTD., et al.,

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Defendants.

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No. SA CV 17-310-AG (PLAx)
MEMORANDUM AND ORDER RE:
PARTIES’ PROPOSED STIPULATION AND
QUALIFIED PROTECTIVE ORDER

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The Court has received and considered the parties’ proposed Stipulation and Qualified

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Protective Order (“Protective Order”). The Court is unable to adopt the Protective Order as

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stipulated to by the parties for the following reasons:

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First, if confidential material is included in any papers to be filed in Court, such papers shall

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be accompanied by an application to file the papers -- or the confidential portion thereof -- under

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seal; the application must demonstrate good cause for the under seal filing. (See page 5, ¶ 4).

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The application shall be directed to the judge to whom the papers are directed. Pending the ruling

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on the application, the papers or portions thereof subject to the sealing application shall be lodged

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under seal.

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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).

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Third, in the event of a dispute regarding the designation or disclosure of confidential

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information, the procedure for obtaining a decision from the Court is that set forth in Local Rule

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37. (See, e.g., pages 7-8, ¶ 9). If the parties want to file the Joint Stipulation required by Local

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Rule 37 under seal, the parties may file a stipulation to that effect or the moving party may file an

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ex parte application making the appropriate request. The parties must set forth good cause in the

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stipulation or ex parte application as to why the Joint Stipulation or portions thereof should be filed

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under seal.

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Fourth, once a case proceeds to trial, all of the court-filed information that is to be

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introduced and was previously designated as confidential and/or kept and maintained pursuant

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to the terms of a protective order becomes public and will be presumptively available to all

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members of the public, including the press, unless compelling reasons supported by specific

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factual findings to proceed otherwise are made to the district judge in advance of the trial. See,

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e.g., Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995); San Jose Mercury News, Inc.

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v. U.S. District Court - Northern District, 187 F.3d 1096, 1102 (9th Cir. 1999); Kamakana v. City

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and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause”

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showing for sealing documents produced in discovery and attached to non-dispositive motions

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from “compelling reasons” standard when merits-related documents are part of the judicial record).

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The Court will not enter a protective order that extends beyond the commencement of trial.

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Finally, the Court may only enter a protective order upon a showing of good cause. Phillips

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v. G.M. Corp., 307 F.3d 1206, 1209 (9th Cir. 2002) (Rule 26(c) requires a showing of “good cause”

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for a protective order); Makar-Wellbon v. Sony Electronics, Inc., 187 F.R.D. 576, 577 (E.D.Wis.

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1999) (even stipulated protective orders require good cause showing). The parties’ stipulation

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does not contain sufficient statements to demonstrate good cause for issuing the protective order.

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In any revised stipulated protective order submitted to the Court, the parties must include a

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statement demonstrating good cause for entry of a protective order pertaining to the documents

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or information described in the order. The paragraph containing the statement of good cause

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should be preceded by a heading stating: “GOOD CAUSE STATEMENT.”

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DATED: October 10, 2017
PAUL L. ABRAMS
UNITED STATES MAGISTRATE JUDGE

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