Western Dental Services, Inc. v. CoreSource Inc. et al

Filing 24

AGREED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 23 . (kh)

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MICHAEL B. BERNACCHI (SBN 163657)
[e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]
ELIZABETH G. DOOLIN (Pro Hac Vice)
[e-mail] (IL Bar No. 6210358)
CRAIG M. BARGHER (Pro Hac Vice)
[e-mail] (IL Bar No. 6215735)
CHITTENDEN, MURDAY & NOVOTNY LLC
303 West Madison Street, Suite 1400
Chicago, IL 60606
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
CORESOURCE INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

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WESTERN DENTAL SERVICES,
INC., a California corporation,

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Case No. 8:17-cv-1759-AG-JCG

Plaintiffs,
HONORABLE ANDREW J.
GUILFORD

v.

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DISCOVERY MATTER

CORESOURCE INC., a Delaware
Corporation; STANDARD
SECURITY LIFE INSURANCE
COMPANY OF NEW YORK, a New
York corporation and DOES 1 through
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AGREED PROTECTIVE ORDER
REGARDING CONFIDENTIAL
INFORMATION
Complaint Filed:
Trial Date:

09/08/2017
11/13/2018

Defendants.

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AGREED PROTECTIVE ORDER
CASE NO. 8:17-CV-1759-AG-JCG

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1.

PURPOSE AND LIMITS OF THIS ORDER
Discovery in this action is likely to involve confidential, proprietary, or

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private information requiring special protection from public disclosure and from

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use for any purpose other than this litigation. Thus, the Court enters this Protective

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Order. This Order does not confer blanket protections on all disclosures or

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responses to discovery, and the protection it gives from public disclosure and use

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extends only to the specific material entitled to confidential treatment under the

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applicable legal principles. This Order does not automatically authorize the filing

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under seal of material designated under this Order. Instead, the parties must

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comply with L.R. 79-5.1 if they seek to file anything under seal. This Order does

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not govern the use at trial of material designated under this Order.

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2.

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DESIGNATING PROTECTED MATERIAL
2.1

Over-Designation Prohibited. Any party or non-party who

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designates information or items for protection under this Order as

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“CONFIDENTIAL” (a “designator”) must only designate specific material that

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qualifies under the appropriate standards. To the extent practicable, only those

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parts of documents, items, or oral or written communications that require

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protection shall be designated. Mass, indiscriminate, or routinized designations are

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prohibited. Unjustified designations expose the designator to sanctions, including

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the Court’s striking all confidentiality designations made by that designator.

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Designation under this Order is allowed only if the designation is necessary to

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protect material that, if disclosed to persons not authorized to view it, would cause

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competitive or other recognized harm. Material may not be designated if it has

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been made public, or if designation is otherwise unnecessary to protect a secrecy

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interest. If a designator learns that information or items that it designated for

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protection do not qualify for protection at all or do not qualify for the level of

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AGREED PROTECTIVE ORDER
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protection initially asserted, that designator must promptly notify all parties that it

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is withdrawing the mistaken designation.

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2.2

Manner and Timing of Designations. Designation under this Order

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requires the designator to affix the applicable legend (“CONFIDENTIAL”) to each

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page that contains protected material. For testimony given in deposition or other

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proceeding, the designator shall specify all protected testimony and the level of

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protection being asserted. It may make that designation during the deposition or

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proceeding, or may invoke, on the record or by written notice to all parties on or

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before the next business day, a right to have up to 21 days from the deposition or

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proceeding to make its designation.
2.2.1 A party or non-party that makes original documents or

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materials available for inspection need not designate them for protection

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until after the inspecting party has identified which material it would like

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copied and produced. During the inspection and before the designation, all

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material shall be treated as CONFIDENTIAL. After the inspecting party has

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identified the documents it wants copied and produced, the producing party

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must designate the documents, or portions thereof, that qualify for protection

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under this Order.

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2.2.2 Parties shall give advance notice if they expect a deposition or

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other proceeding to include designated material so that the other parties can

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ensure that only authorized individuals are present at those proceedings

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when such material is disclosed or used. The use of a document as an exhibit

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at a deposition shall not in any way affect its designation. Transcripts

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containing designated material shall have a legend on the title page noting

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the presence of designated material, and the title page shall be followed by a

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list of all pages (including line numbers as appropriate) that have been

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designated, and the level of protection being asserted. The designator shall

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AGREED PROTECTIVE ORDER
CASE NO. 8:17-CV-1759-AG-JCG

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inform the court reporter of these requirements. Any transcript that is

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prepared before the expiration of the 21-day period for designation shall be

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treated during that period as if it had been designated CONFIDENTIAL

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unless otherwise agreed. After the expiration of the 21-day period, the

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transcript shall be treated only as actually designated.

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2.3

Inadvertent Failures to Designate. An inadvertent failure to

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designate does not, standing alone, waive protection under this Order. Upon timely

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assertion or correction of a designation, all recipients must make reasonable efforts

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to ensure that the material is treated according to this Order.

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3.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
All challenges to confidentiality designations shall proceed under L.R. 37-1

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through L.R. 37-4.

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4.

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ACCESS TO DESIGNATED MATERIAL
4.1

Basic Principles. A receiving party may use designated material only

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for this litigation. Designated material may be disclosed only to the categories of

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persons and under the conditions described in this Order.

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4.2

Disclosure of CONFIDENTIAL Material Without Further

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Approval. Unless otherwise ordered by the Court or permitted in writing by the

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designator, a receiving party may disclose any material designated

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CONFIDENTIAL only to:

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4.2.1 The receiving party’s outside counsel of record in this action and

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employees of outside counsel of record to whom disclosure is reasonably

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necessary;

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4.2.2 The officers, directors, and employees of the receiving party to

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whom disclosure is reasonably necessary, and who have signed the

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Agreement to Be Bound (Exhibit A);

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AGREED PROTECTIVE ORDER
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4.2.3 Experts and consultants retained by the receiving party’s outside

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counsel of record to whom disclosure is reasonably necessary, and who have

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signed the Agreement to Be Bound (Exhibit A);

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4.2.4 The Court and its personnel;

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4.2.5 Outside court reporters and their staff, professional jury or trial

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consultants, and professional vendors to whom disclosure is reasonably

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necessary, and who have signed the Agreement to Be Bound (Exhibit A);
4.2.6 During their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the Agreement to

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Be Bound (Exhibit A); and

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4.2.7 The author or recipient of a document containing the material, or

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a custodian or other person who otherwise possessed or knew the

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information.

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5.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
5.1

Subpoenas and Court Orders. This Order in no way excuses non-

compliance with a lawful subpoena or court order. The purpose of the duties
described in this section is to alert the interested parties to the existence of this
Order and to give the designator an opportunity to protect its confidentiality
interests in the court where the subpoena or order issued.
5.2

Notification Requirement. If a party is served with a subpoena or a

court order issued in other litigation that compels disclosure of any information or
items designated in this action as CONFIDENTIAL, that party must:
5.2.1 Promptly notify the designator in writing. Such notification shall
include a copy of the subpoena or court order;
5.2.2 Promptly notify in writing the party who caused the subpoena
or order to issue in the other litigation that some or all of the material

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covered by the subpoena or order is subject to this Order. Such notification

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shall include a copy of this Order; and
5.2.3 Cooperate with all reasonable procedures sought by the

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designator whose material may be affected.

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5.3

Wait For Resolution of Protective Order. If the designator timely

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seeks a protective order, the party served with the subpoena or court order shall not

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produce any information designated in this action as CONFIDENTIAL before a

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determination by the court where the subpoena or order issued, unless the party has

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obtained the designator’s permission. The designator shall bear the burden and

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expense of seeking protection of its confidential material in that court.

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6.

UNAUTHORIZED DISCLOSURE OF DESIGNATED MATERIAL
If a receiving party learns that, by inadvertence or otherwise, it has disclosed

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designated material to any person or in any circumstance not authorized under this

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Order, it must immediately (1) notify in writing the designator of the unauthorized

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disclosures, (2) use its best efforts to retrieve all unauthorized copies of the

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designated material, (3) inform the person or persons to whom unauthorized

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disclosures were made of all the terms of this Order, and (4) use reasonable efforts

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to have such person or persons execute the Agreement to Be Bound (Exhibit A).

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7.

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INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
When a producing party gives notice that certain inadvertently produced

material is subject to a claim of privilege or other protection, the obligations of the
receiving parties are those set forth in Federal Rule of Civil Procedure
26(b)(5)(B). This provision is not intended to modify whatever procedure may be
established in an e-discovery order that provides for production without prior
privilege review pursuant to Federal Rule of Evidence 502(d) and (e).

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AGREED PROTECTIVE ORDER
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8.

FILING UNDER SEAL

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Without written permission from the designator or a Court order, a party

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may not file in the public record in this action any designated material. A party

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seeking to file under seal any designated material must comply with L.R. 79-5.1.

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Filings may be made under seal only pursuant to a court order authorizing the

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sealing of the specific material at issue. The fact that a document has been

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designated under this Order is insufficient to justify filing under seal. Instead,

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parties must explain the basis for confidentiality of each document sought to be

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filed under seal. Because a party other than the designator will often be seeking to

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file designated material, cooperation between the parties in preparing, and in

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reducing the number and extent of, requests for under seal filing is essential. If a

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receiving party’s request to file designated material under seal pursuant to L.R.

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79-5.1 is denied by the Court, then the receiving party may file the material in the

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public record unless (1) the designator seeks reconsideration within four days of

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the denial, or (2) as otherwise instructed by the Court.

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9.

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FINAL DISPOSITION
Within 60 days after the final disposition of this action, each party shall

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return all designated material to the designator or destroy such material, including

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all copies, abstracts, compilations, summaries, and any other format reproducing or

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capturing any designated material. The receiving party must submit a written

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certification to the designator by the 60-day deadline that (1) identifies (by

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category, where appropriate) all the designated material that was returned or

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destroyed, and (2) affirms that the receiving party has not retained any copies,

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abstracts, compilations, summaries, or any other format reproducing or capturing

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any of the designated material. This provision shall not prevent counsel from

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

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hearing transcripts, legal memoranda, correspondence, deposition and trial

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AGREED PROTECTIVE ORDER
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exhibits, expert reports, attorney work product, and consultant and expert work

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product, even if such materials contain designated material. Any such archival

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copies remain subject to this Order.

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Respectfully submitted,
DATED: January 23, 2018

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BURKE, WILLIAMS & SORENSEN, LLP
By: /s/ Michael B. Bernacchi
Michael B. Bernacchi, Esq.

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Attorneys for Defendant
CORESOURCE INC.

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DATED: January 23, 2018

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By: /s/ Craig M. Bargher (with permission)
Craig M. Bargher, Esq.
(Pro Hac Vice)

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Attorneys for Defendant
CORESOURCE INC.

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CHITTENDEN, MURDAY & NOVOTNY
LLC

DATED: January 23, 2018

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MANATT, PHELPS & PHILLIPS, LLP
By: /s/ Susan Page White (with permission)
Susan P. White, Esq.

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Attorneys for Plaintiff
WESTERN DENTAL SERVICES, INC.

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DATED: January 23, 2018

CLYDE & CO US LLP
By: /s/ James P. Koelzer (with permission)
James P. Koelzer, Esq.
Attorneys for Co-Defendant
STANDARD SECURITY LIFE
INSURANCE COMPANY OF NEW
YORK

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AGREED PROTECTIVE ORDER
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SIGNATURE CERTIFICATION

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Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative

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Policies and Procedures Manual, I hereby certify that the content of this document

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is acceptable to all defense counsel, and that I have obtained their authorization to

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affix electronic signatures to this document.

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DATED: January 23, 2018

BURKE, WILLIAMS & SORENSEN, LLP
By: /s/ Michael B. Bernacchi
Michael B. Bernacchi, Esq.
Attorneys for Defendant
CORESOURCE INC.

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AGREED PROTECTIVE ORDER
CASE NO. 8:17-CV-1759-AG-JCG

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EXHIBIT A
AGREEMENT TO BE BOUND
I, ______________________________[print or type full name], of

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______________________________[print or type full address], declare under

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

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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 ____________________[date] in the case of Western Dental

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Services, Inc. v. CoreSource, Inc., et al., Case No. 8:17-cv-1759-AG-JCG . I

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agree to comply with and to be bound by all the terms of this Protective Order, and

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I understand and acknowledge that failure to so comply could expose me to

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sanctions and punishment for contempt. I solemnly promise that I will not disclose

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in any manner any information or item that is subject to this Protective Order to

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any person or entity except in strict compliance with 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 this Order,

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even if such enforcement proceedings occur after termination of this action.

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I hereby appoint ___________________________ (print or type full name]

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of ______________________________ [print or type full address and telephone

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number] as my California agent for service of process in connection with this

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action or any proceedings related to enforcement of this Order.

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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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AGREED PROTECTIVE ORDER
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ORDER
The Court has received and reviewed the foregoing Agreed Protective Order
Regarding Confidential Information.
NOW THEREFORE, for good cause shown, the Court hereby ORDERS

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that the parties and their respective counsel in this action shall be governed by the

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terms and conditions of this Agreed Protective Order.

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IT IS SO ORDERED.

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Dated: January 24, 2018
Honorable Jay C. Gandhi
United States Magistrate Judge

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AGREED PROTECTIVE ORDER
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