Endsley v. Travelers Property Casualty Insurance Company

Filing 44

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Gary S. Austin on 6/3/2015. (Martinez, A)

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Attorneys for Defendant TRAVELERS
PROPERTY CASUALTY INSURANCE
COMPANY

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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G. EDWARD RUDLOFF, JR. (State Bar No. 56058)
EDWARD P. MURPHY (State Bar No. 182778)
JENNIFER N. WAHLGREN (State Bar No. 249556)
FORAN GLENNON PALANDECH
PONZI & RUDLOFF PC
2000 Powell Street, Suite 900
Emeryville, CA 94608
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]
[e-mail]

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KIRIN K. VIRK (State Bar No. 221369)
DAMRELL, NELSON, SCHRIMP, PALLIOS,
PACHER & SILVA
1601 I Street, Fifth Floor
Modesto, CA 95354
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
Attorneys for Plaintiffs L. STEPHEN ENDSLEY
and ENDSLEY KIERNAN L.P.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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L. STEPHEN ENDSLEY,
Plaintiff,

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vs.
TRAVELERS PROPERTY
CASUALTY INSURANCE
COMPANY,

Case No. 1:14-CV-00346-LJO-GSA
Related Case: 1:14-CV-00671-LJOGSA
STIPULATED PROTECTIVE
ORDER

Defendant.

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STIPULATED PROTECTIVE ORDER; Case No. 1:14-CV-00346-LJO-GSA

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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WHEREAS each of the parties to the above captioned matter (the “Action”)
submit that certain documents and information sought in connection with discovery
in the Action may contain confidential, private, personal or financial information that
is not otherwise available to the public (“Confidential Information”);
WHEREAS the parties wish to engage in full discovery without impinging on
legitimate confidential and private interests;
WHEREAS this Stipulated Protective Order is pursuant to this Court’s Order
of May 13, 2015, ECF No. 33, concerning a stipulated protective order concerning
Plaintiffs’ production of attorneys’ billing records and production of Endsley
Kiernan, L.P.’s tax returns and other financial documents, and this Court’s Order
dated May 16, 2015, ECF No. 34, concerning the production of Plaintiff L. Stephen
Endsley’s tax returns and other financial documents;
AND WHEREAS good cause exists for entry of this Stipulation and Protective
Order;
IT IS THEREFORE STIPULATED, AGREED AND ORDERED that:
1.

This Stipulation and Protective Order governing the production and

exchange of confidential information shall apply to all documents, testimony and
information designated as “Confidential” by any party to the Action or by any third
party providing documents, testimony and/or information in this Action (each of
which is deemed to be a “Designating Party”).
2.

Parties may designate materials “Confidential” by taking the following

actions:
a.

With respect to documents, discovery responses or other written
materials furnished by the Designating Party in paper, as .tiff
images, or in any other form in which it is possible to add a legend
to each page, the Designating Party may designate the material
“Confidential” by stamping, inscribing or otherwise marking or

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STIPULATED PROTECTIVE ORDER; Case No. 1:14-CV-00346-LJO-GSA

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designating on each page of a document containing Confidential

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Information the words “CONFIDENTIAL, SUBJECT TO

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PROTECTIVE ORDER.”

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b.

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Designating Party in a non-paper medium, including, without

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limitation, video or audio tape, computer discs, CD-ROMs, and

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DVDs, etc., the Designating Party may designate all information
therein as “Confidential” by affixing the appropriate legend to the

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outside of the medium or container. The individual documents or

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pages of the documents containing the Confidential Information

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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should also bear the designation “CONFIDENTIAL, SUBJECT

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With respect to Confidential Information furnished by the

TO PROTECTIVE ORDER.”
3.

With respect to deposition testimony or other oral testimony to be

recorded in a written transcript, the Designating Party may designate information as
“Confidential” by making a statement on the record to that effect during the
deposition or proceeding at issue. The court reporter shall separately bind the
designated portion of the deposition transcript and all designated exhibits. The

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separately bound deposition material shall be marked as “CONFIDENTIAL,

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SUBJECT TO A PROTECTIVE ORDER.” Alternatively, the Designating Party

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may, within a reasonable time after the deposition transcript is delivered to the
Designating Party, provide to all counsel written notice identifying the specific
portion (by page and line numbers) that the Designating Party seeks to protect, and all
parties to the litigation will mark the pages with the appropriate legends.
4.

All Confidential Information subject to this Stipulation and Protective

Order shall be used solely and exclusively for purposes of preparation, prosecution,
defense or trial of the Action. Such information shall not be used in or for any other
cases, proceedings, disputes or for any commercial, business, competitive or any

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STIPULATED PROTECTIVE ORDER; Case No. 1:14-CV-00346-LJO-GSA

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this Stipulation and Protective Order. Such information shall not be presumed to be
discoverable in other cases, proceedings or disputes, even if relevant, and the burden
shall be on the party seeking discovery to establish that access to this information is
proper and necessary.
5.

Information designated as “CONFIDENTIAL, SUBJECT TO A

PROTECTIVE ORDER” pursuant to the terms of this Stipulation and Protective
Order shall not be shown to or disclosed in any manner to any person except the
following:
a.

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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other purpose whatsoever and shall not be disclosed, except as otherwise set forth in

to the Action, including partners, associates, paralegals and other

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employees in the firms that are counsel of record to the extent

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necessary to perform legal services in connection with the Action;
b.

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Order;
c.

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in connection with the Action, provided that they agree to abide

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by the terms of this Stipulation and Protective Order;
d.

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defense of the Action, provided that they agree to abide by the

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current employees of the parties to the Action, to the extent
necessary for such employees to assist in the prosecution or

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independent consultants or experts retained by the parties to the
Action or their counsel of record for consultation and/or testimony

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witnesses or potential witnesses in the Action, provided that they
agree to abide by the terms of this Stipulation and Protective

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counsel of record and in-house counsel for the respective parties

terms of this Stipulation and Protective Order;
e.

the Court in which the Action is pending, including court
personnel, provided that the parties to the Action seek to limit

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STIPULATED PROTECTIVE ORDER; Case No. 1:14-CV-00346-LJO-GSA

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further disclosure of the material, as set forth in paragraphs 6

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below;

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f.

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connection with the Action;

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g.

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presentation of evidence at a hearing or trial in this action or
providing messenger services for documents, to the extent

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reasonably necessary for use in preparation for and participation in

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trial of and proceedings in this action. Documents in the

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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possession of third parties as provided by this subsection shall be

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deemed to be in the possession of counsel releasing the

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documents, who shall remain responsible for assuring compliance

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with this Stipulation and Protective Order while the documents are

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in the possession of such third parties; and

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h.

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third parties for the limited purpose of copying documents,
providing technical or litigation support services involving the

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court reporters and videographers whose services are used in

any other persons to whom a party to this Stipulation and Order
may wish to disclose its own Confidential Information.

6.

No person or entity receiving Confidential Information shall discuss,

disseminate, or disclose the Confidential Information to any person or entity not
listed above in paragraph 5. Any person or entity receiving Confidential Information
shall take measures available to him or her to ensure that no unauthorized person or
entity is able to obtain access to the Confidential Information. The provisions of this
paragraph, however, do not apply to the Court or to Court personnel. However, no
party, person, or entity receiving Confidential Information shall attempt to
circumvent the terms of this Order by subpoenaing itself, its firm, or any other person
or entity in receipt of an opposing party’s Confidential Information.

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STIPULATED PROTECTIVE ORDER; Case No. 1:14-CV-00346-LJO-GSA

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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7.

Nothing in this Order affects or limits the use or disclosure of

Confidential Information that was lawfully created, possessed, generated, discovered
or obtained from sources other than discovery, motion practice or voluntary
disclosure in this Action by any party that has been made subject to the terms of this
Order, regardless of whether the information has been designated as
“CONFIDENTIAL, SUBJECT TO A PROTECTIVE ORDER.”
8.

A recipient of any Confidential Information that is produced or disclosed

pursuant to this Stipulation and corresponding Protective Order shall maintain such
Confidential Information in a secure and safe area, and the recipient shall exercise the
same standard of due and proper care with respect to the storage, custody, and use of
all such Confidential Information as is exercised by the recipient with respect to its
own Confidential Information.
9.

In the event any party to the Action disagrees with the designation of any

discovery materials as “Confidential”, counsel shall attempt in good faith to resolve
the disagreement on an informal basis. If it is necessary to present the dispute to the
Court for resolution, it shall be up to the party seeking to contest the designation to
move the Court for an order compelling the change of the confidentiality designation.
If a party does so move, pending the decision of the Court, the disputed document,
testimony or information shall be treated as Confidential Information and subject to
the terms of this Stipulation and Protective Order. For purposes of any motion
challenging a confidentiality designation, the party designating any discovery

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materials as “Confidential” shall bear the burden of proving that such discovery

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materials are properly designated as “Confidential.”

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10.

In the event that Confidential Information is contained in or attached to

any pleadings or other papers filed with any court, counsel filing such pleadings or
papers shall follow those procedures set forth in United States District Court Eastern
District of California Local Rules for lodging and sealing of Confidential portions of

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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the papers, unless the parties meet and confer and stipulate to follow some other
procedure for handling the Confidential Information.
11.

In the event that Confidential Information is used or disclosed at any

hearing, any party to this Stipulation and Protective Order shall request that the
portion of the hearing where said use is made of Confidential Information shall be in
camera, or with access limited only to persons described in paragraphs 4 or 5, as
applicable, or under such other conditions that will protect the Confidential
Information from disclosure, including the sealing of the record.
12.

This Order does not govern or restrict the use of any document or

information (including information designated as Confidential Information under this
order) at trial in any manner whatsoever. When and if the Action proceeds to trial, all
of the documents and information to be used at trial will be presumptively available
to all members of the public, including the press, unless good cause is shown to the
district judge in advance of the trial. This Order does not affect the right of any party
to make any motion or application to the Court to otherwise govern or restrict the use
of any document at trial.
13.

The designation of any information, documents, or things as

“Confidential” pursuant to this Order shall not, in and of itself, raise any inference as
to the confidentiality of any information, documents, exhibits, or things marked for
identification purposes or introduced into evidence at the trial of this litigation.
Nothing in this Order shall preclude any party from seeking confidential treatment
from the Court with respect to such information, documents, exhibits, or things or
from raising any available objections, including without limitation objections
concerning admissibility, materiality, and privilege. The parties to this Order
expressly reserve their rights to object to the manner in which Confidential
Information may be used in an evidentiary hearing or at trial. Special procedures or
in camera treatment, if any, shall be determined in the future.

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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14.

Within thirty (30) days after the conclusion of the Action, whether by

settlement or by the entry of a final, non-appealable judgment, all Confidential
Information (including all copies thereof and all notes, drafts, memoranda, work
papers and any other materials that contain Confidential Information) shall either be
destroyed or returned to the producing party, at the election of the party that produced
such information, provided, however, that: (a) counsel may retain for its records one
copy of all pleadings, papers, exhibits, transcripts, or other filings, so long as any
Confidential Information contained therein continues to be protected, as provided in
this Consent Stipulation and Protective Order; and (b) any party may retain
documents as required by its own recordkeeping or document-retention policies, so
long as any Confidential Information contained therein continues to be protected as
provided in this Stipulation and Protective Order. Compliance with this paragraph
shall be confirmed in a certification prepared by counsel of record in the Action,
which shall be delivered to counsel for the party who produced the Confidential
Information not more than thirty-five (35) days after the conclusion of the Action.
15.

The inadvertent or unintentional disclosure of any Confidential

Information shall not be construed to be a waiver, in whole or in part, of any claims
of confidentiality, either as to the specific information disclosed or as to any other
information relating thereto. Inadvertent disclosure of materials that are subject to
the attorney-client privilege, the work-product doctrine or any other privilege or
immunity from discovery shall not constitute a waiver of, or an estoppel as to any
claim of such privilege or protection, and any person who has received such materials
shall either immediately return them to the party that produced the information or, at
the election of the producing party, destroy such materials.
16.

The provisions of this Stipulation and Protective Order shall survive and

remain in full force and effect after settlement of the Action, or the entry of a final
non-appealable judgment therein.

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17.

or agreement that any document, testimony or information is admissible as evidence
in the Action, and designations of confidentiality shall have no meaning or effect
whatsoever with respect to the substantive issues in the lawsuit or the claims or
defenses of any party thereto.

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18.

This Stipulation and Protective Order may be modified only by further

Order of the Court.
//

WE HEREBY AGREE AND CONSENT to the terms of this Stipulation and
Protective Order:

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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This Stipulation and Protective Order does not constitute an admission

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DATED:

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FORAN GLENNON PALANDECH
PONZI & RUDLOFF PC

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By:

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G. Edward Rudloff, Jr.
Edward P. Murphy
Jennifer N. Wahlgren

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Attorneys for Defendant TRAVELERS
PROPERTY CASUALTY INSURANCE
COMPANY

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DATED:

DAMRELL NELSON SCHRIMP
PALLIOS PACHER & SILVA

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By:
Kirin K. Virk

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Attorneys for Plaintiffs

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STIPULATED PROTECTIVE ORDER; Case No. 1:14-CV-00346-LJO-GSA

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Order

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The Court has reviewed the stipulation outlined above and adopts it as a

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stipulated protective order in this case.1 To the extent motion practice is required, the

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parties are advised to review Local Rules 141 and 141.1.

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IT IS SO ORDERED.
Dated:

June 3, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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A fully executed version of the stipulation is available on the Court’s docket as ECF No. 43.
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STIPULATED PROTECTIVE ORDER; Case No. 1:14-CV-00346-LJO-GSA