Westchester Fire Insurance Company v. The Roman Catholic Bishop of Orange

Filing 58

STIPULATED PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Order 57 : Having considered the papers, and finding that good cause exists, the Parties' Stipulated Protective Order is GRANTED. (kh)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTCHESTER FIRE
INSURANCE CO. a Pennsylvania
corporation,

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v.

THE ROMAN CATHOLIC BISHOP
OF ORANGE, a California corporate
sole, and DOES 1 through 50,

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STIPULATED
PROTECTIVE ORDER

Defendants.

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Plaintiff,

Case No. 8:24-CV-01539MRA(ADSx)
Hon. Mónica Ramírez Almadani
Courtroom 10B

1.

GENERAL
1.1

Purposes and Limitations. Discovery in this action is likely to involve

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production of confidential, proprietary, or private information for which special

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

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this litigation may be warranted. Accordingly, the parties hereby stipulate to and

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petition the Court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or

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responses to discovery and that the protection it affords from public disclosure and

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use extends only to the limited information or items that are entitled to confidential

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

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set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle

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them to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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procedures that must be followed and the standards that will be applied when a party

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seeks permission from the court to file material under seal.

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1.2

Good Cause Statement. This action is likely to involve the exchange of

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documents, information, and things in discovery that contain confidential,

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proprietary, or private information. Such information includes, but is not limited to

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the following categories of documents: (a) confidential business or financial

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information; (b) trade secrets, intellectual property, or other confidential

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commercially sensitive or proprietary information; (c) documents containing or

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referring to confidential insurance information; (d) confidential business records and

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information concerning ongoing litigation; (e) medical evaluation and treatment

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information and records; (f) counseling or mental health records; (g) employment

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records; (h) employee evaluations; (i) employment counseling, discipline, or

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performance improvement documentation; (j) documents covered by contractual

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confidentiality provisions, subject to protective orders in other litigation, or which

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may be privileged or otherwise protected from disclosure under state or federal

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statutes, court rules, case decisions, or common law; and (k) information otherwise

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generally unavailable to the public. Accordingly, to expedite the flow of information,

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to facilitate the prompt resolution of disputes over confidentiality of discovery

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materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of such

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material in preparation for and in the conduct of trial, to address their handling at the

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end of the litigation, and serve the ends of justice, a protective order for such

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information is justified in this matter. It is the intent of the parties that information

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will not be designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a confidential,

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non-public manner, and there is good cause why it should not be part of the public

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record of this case.
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2.

DEFINITIONS

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2.1

Action: this pending federal lawsuit.

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2.2

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

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of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

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how it is generated, stored or maintained) or tangible things that qualify for protection

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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2.4

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their support staff).

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2.5

Counsel: Outside Counsel of Record and In-House Counsel (as well as
Designating Party: a Party or Non-Party that designates information or

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

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“CONFIDENTIAL.”

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2.6

Disclosure or Discovery Material: all items or information, regardless

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of the medium or manner in which it is generated, stored, or maintained (including,

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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter.

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2.7

Expert: a person with specialized knowledge or experience in a matter

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

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an expert witness or as a consultant in this Action.

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2.8

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

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Action. In-House Counsel does not include Outside Counsel of Record or any other

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outside counsel.

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2.9

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Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.

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2.10 Outside Counsel of Record: attorneys who are not employees of a party

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to this Action but are retained to represent or advise a party to this Action and have

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appeared in this Action on behalf of that party or are affiliated with a law firm that

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has appeared on behalf of that party, including support staff.

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2.11 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 their

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support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or

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Discovery Material in this Action.

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2.13 Professional Vendors: persons or entities that provide litigation support

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

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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2.14 Protected Material:

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designated as “CONFIDENTIAL.”
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

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any Disclosure or Discovery Material that is

from a Producing Party.

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3.

SCOPE

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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 extracted

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

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Protected Material; and (3) any testimony, conversations, or presentations by Parties

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or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Order does not govern the use of Protected Material at trial.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Stipulated Protective Order shall remain effective until a Designating
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Party agrees otherwise in writing or a court order otherwise directs. Final disposition

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

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

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and exhaustion of all appeals, rehearings, remands, trials, or review of this Action,

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

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pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under this

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Order must take care to limit any such designation to specific material that qualifies

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under the appropriate standards. If it comes to a Designating Party’s attention that

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information or items that it designated for protection do not qualify for protection,

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that Designating Party must promptly notify all other Parties that it is withdrawing

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the inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:

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(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, at a minimum, the legend

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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contains protected material.

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A Party or Non-Party that makes original documents available for inspection

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need not designate them for protection until after the inspecting Party has indicated
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which documents it would like copied and produced. During the inspection and

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before the designation, all of the material made available for inspection shall be

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deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

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

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qualify for protection under this Order.

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documents, the Producing Party must affix the “CONFIDENTIAL” legend to each

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page that contains Protected Material.

Then, before producing the specified

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(b) for testimony given in depositions that the Designating Party identify

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the Disclosure or Discovery Material on the record either (i) on the record during the

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deposition or (ii) by written notice to all Outside Counsel or Record within 30 days

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of receipt of the final transcript of the testimony. Pending such designation, the entire

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deposition transcript, including exhibits, and the original and all copies of the

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videotape of the deposition, if any, shall be treated as Protected Material for a period

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of 30 days following the receipt of the final transcript of the testimony. If Outside

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Counsel of Record reasonably believes that Protected Material will be used in the

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taking of a deposition or that some or all of the deposition will itself be designated as

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Protected Material, said Outside Counsel of Record has the right to exclude from the

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portion of any deposition discussing or constituting the Protected Material any person

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who is not authorized by this Order to receive or access Protected Information, other

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than the deponent, the deponent’s counsel, the court reporter, and the videographer (if

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any), unless the parties agree, or the Court orders, that other individuals may be

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present at the deposition notwithstanding this provision.

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(c) for information produced in some form other than documentary and

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for any other tangible items, that the Producing Party affix in a prominent place on

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the exterior of the container or containers in which the information is stored the legend

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“CONFIDENTIAL.” If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the protected

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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 the

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

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

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efforts to assure that the material is treated in accordance with the provisions of this

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Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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Timing of Challenges.

Any Party or Non-Party may challenge a

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designation of confidentiality at any time that is consistent with the Court’s

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Scheduling Order.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly

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comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.
6.3

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Burden. The burden of persuasion in any such challenge proceeding

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shall be on the Designating Party. Unless the Designating Party has waived or

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withdrawn the confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under the Producing

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Party’s designation until the Court rules on the challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

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

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Action only for prosecuting, defending, or attempting to settle this Action, except to

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the extent that disclosure may be required of a party to fulfill a legal duty under

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applicable statutory or regulatory reporting requirements, to fulfill a legal duty

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pursuant to a lawful subpoena or court order, to the extent that disclosure to their

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attorneys, adjusters, auditors, accountants, tax advisors, actuaries, risk managers,
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lenders, brokers, or assignees may be required in the ordinary course of business, or

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to enforce or challenge an award in a bona fide legal proceeding before a court, subject

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in each event to providing advance notice to the other party as provided in section 8

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

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and under the conditions described in this Order.

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

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(FINAL DISPOSITION).

When the Action has been

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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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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

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“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

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(a) the Receiving Party’s Outside Counsel of Record in this Action, as

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

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necessary to disclose the information for this Action;

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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 Action;

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

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

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“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 and their staff;

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(f) professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary for this Action and who have

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

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(g) the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;

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(h) during their depositions, witnesses, and attorneys for witnesses, in

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the Action to whom disclosure is reasonably necessary provided: (1) the deposing

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party requests that the witness sign the form attached as Exhibit A hereto; and (2) they

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will not be permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

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agreed by the Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material may be

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separately bound by the court reporter and may not be disclosed to anyone except as

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permitted under this Stipulated Protective Order;

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(i) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions; and

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(j) any insurers, reinsurers, and third-party administrators of insurance

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policies that insured a Party and that are relevant to the subject matter of this litigation,

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but only in their respective capacities as such.

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(k) attorneys, adjusters, auditors, accountants, tax advisors, actuaries, risk

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managers, lenders, brokers, or assignees of a Party that may be required in the

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ordinary course of business,

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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

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that compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must make timely objections to the production of

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Protected Material, including by referencing the existence of this Order. If a Non-

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Party seeks to compel the disclosure of any Protected Material over the Party’s

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objections, the Receiving 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; and

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(b) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served with

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

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as “CONFIDENTIAL” before a determination by the court from which the subpoena

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or order 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 court

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of its confidential 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

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PRODUCED IN THIS LITIGATION

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(a) The terms of this Order are applicable to information produced by a Non-

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Party in this Action and designated as “CONFIDENTIAL.”

Such information

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

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as 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 request, to produce

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a Non-Party’s confidential information in its possession, and the Party is subject to an

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agreement with the Non-Party not to produce the Non-Party’s confidential

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information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-Party

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that some or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;

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(2) promptly provide the Non-Party with a copy of the Stipulated

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Protective Order in this Action, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and

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(3) make the information requested available for inspection by the NonParty, if requested.

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(c) If the Non-Party fails to seek a protective order from this Court within 30

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days of receiving the notice and accompanying information, the Receiving Party may

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produce the Non-Party’s confidential information responsive to the discovery request.

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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

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any information in its possession or control that is subject to the confidentiality

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agreement with the Non-Party before a determination by the Court. Absent a court

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order to the contrary, the Non-Party shall bear the burden and expense of seeking

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protection in this Court of its 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 disclosed

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Protected Material to any person or in any circumstance not authorized under this

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Stipulated Protective Order, the Receiving Party must immediately (a) notify in

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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persons to whom unauthorized disclosures were made of all the terms of this Order,

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and (d) request such person or persons to execute the “Acknowledgment and

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Agreement to Be Bound” that is attached hereto as Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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11.1. No Waiver

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Consistent with Federal Rule of Evidence 502, the production of documents in

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connection with this Action, whether inadvertent or otherwise, shall not waive any

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privilege or work-product protection that would otherwise attach to the documents

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produced in this Action or any other state or federal proceeding.

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11.2. Clawback Procedure

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(a) 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 protection,

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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

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Procedure 26(b)(5)(B).

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(b) Additionally, a Receiving Party is under a good faith obligation to

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promptly alert the Producing Party if a document appears on its face or in light of the

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facts known to the Receiving Party to be privileged or work product.

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This provision is not intended to modify whatever procedure may be

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established in an e-discovery order that provides for production without prior

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privilege review.

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12.

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

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disclosing or producing any information or item on any ground not addressed in this

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Stipulated Protective Order. Similarly, no Party waives any right to object on any

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ground to use in evidence of any of the material covered by this Protective Order.

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12.3 Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5. Protected Material may

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only be filed under seal pursuant to a court order authorizing the sealing of the specific

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Protected Material at issue; good cause must be shown in the request to file under
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seal. If a Party’s request to file Protected Material under seal is denied by the Court,

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then the Receiving Party may file the information in the public record unless

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otherwise instructed by the Court.

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13.

FINAL DISPOSITION

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13.1. Order Remains in Effect.

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Unless otherwise agreed or ordered, all provisions of this Order will remain in

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effect and continue to be binding after the conclusion of this Action.

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13.2. Return or Destruction of Protected Material.

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After the final disposition of this Action (as defined in Section 4), within 60

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days of a written request by the Designating Party, each Receiving Party must return

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all Protected Material to the Producing Party or destroy such material that is not

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otherwise required to be maintained by any Party pursuant to any statutory or

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regulatory requirements, including any relevant insurance regulations requiring the

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maintenance of claim files. As used in this subdivision, “all Protected Material”

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includes all copies, abstracts, compilations, summaries, and any other format

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

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

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

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

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appropriate) all the Protected Material that was returned or destroyed, and (2) affirms

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that the Receiving Party has not retained any copies, abstracts, compilations,

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

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Notwithstanding this provision, the Parties and their counsel are entitled to retain an

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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 such

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materials contain Protected Material. Any such archival copies that contain or
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constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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14.

VIOLATION OF ORDER

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Any violation of this Order may be punished by any and all appropriate

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: March 4, 2025

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By: /s/ Jason J. Chorley
Alexander E. Potente
Jason J. Chorley

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CLYDE & CO US LLP

Dated: March 4, 2025

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O’MELVENY & MYERS LLP
By: /s/ Richard B. Goetz
Richard B. Goetz
Zoheb Noorani
Jessica A. Snyder

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Attorneys for Plaintiff-Counterdefendant
WESTCHESTER FIRE INSURANCE
COMPANY, as successor in interest to
Industrial Underwriters Insurance
Company

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Dated: March 4, 2025

LATHROP GPM LLP
By: /s/ Brent Vincent
Brent Vincent (pro hac vice)
Attorneys for Defendant-Counterclaimant
THE ROMAN CATHOLIC BISHOP OF
ORANGE
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ATTESTATION PER LOCAL RULE 5-4.3.4(a)(2)(i)

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The e-filing attorney hereby attests that concurrence in the filing of the

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document has been obtained from each of the other signatories indicated by a

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conformed signature (/s/) within this e-filed document.

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Dated: March 4, 2025

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CLYDE & CO US LLP
By: /s/ Jason J. Chorley
Alexander E. Potente
Jason J. Chorley
Attorneys for Plaintiff-Counterdefendant
WESTCHESTER FIRE INSURANCE
COMPANY, as successor in interest to
Industrial Underwriters Insurance
Company

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTCHESTER FIRE
INSURANCE COMPANY, a
Pennsylvania corporation,

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Case No. 8:24-CV-01539-MRAADSx
Hon. Mónica Ramírez Almadani
Courtroom 10B

Plaintiff,

ORDER RE STIPULATED
PROTECTIVE ORDER

v.
THE ROMAN CATHOLIC BISHOP
OF ORANGE, a California
corporation sole, and DOES 1 through
50,
Defendants.

Having considered the papers, and finding that good cause exists, the Parties’
Stipulated Protective Order is GRANTED.

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IT IS SO ORDERED.

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DATED: March 6, 2025

___________________________________
/s/ Autumn D. Spaeth
HON. AUTUMN D. SPAETH
UNITED STATES MAGISTRATE JUDGE

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