Continental Casualty Company v. St. Paul Surplus Lines Insurance Company

Filing 129

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 8/22/11. (Mena-Sanchez, L)

1 JOHN E. PEER (SBN 95978)
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A Professional Corporation
One Wilshire Boulevard, 22nd Floor
Los Angeles, California 90017

WOOLLS & PEER

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JEFFREY A. DOLLINGER (SBN 146582)
CAITLIN R. ZAPF (SBN 255450)
WOOLLS & PEER
A Professional Corporation nd
One Wilshire Boulevard, 22 Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
CONTINENTAL CASUALTY COMPANY

GEORGE J. STEPHAN (SBN 67692)
BUCHALTER NEMER
A Professional Corporation
1000 Wilshire Boulevard, Suite 1500
Los Angeles, California 90017-2457
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Nonparty
CROWN EQUIPMENT
CORPORATION

CHARLES J. FARUKI (Ohio Bar No.
0010417)
MELINDA K. BURTON (Ohio Bar No.
G. EDWARD RUDLOFF, JR. (SBN 56058)
0064618)
KATHLEEN M. DELANEY (SBN 196376)
FARUKI IRELAND & COX P.L.L.
DIANNE J. MECONIS (SBN 120895)
500 Courthouse Plaza, S.W.
FORAN GLENNON PALANDECH PONZI 10 North Ludlow Street
& RUDLOFF PC
Dayton, Ohio 45402
2000 Powell Street, Suite 900
Telephone: [phone]
Emeryville, California 94608
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Nonparty
Attorneys for Defendant ST. PAUL
CROWN EQUIPMENT
SURPLUS LINES INSURANCE COMPANY CORPORATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION

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18 CONTINENTAL CASUALTY
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CASE NO.2:07-CV-01744-MCE-EFB

COMPANY,
(Hon. Judge Morrison C. England, Jr.)

Plaintiff,

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21 v.

STIPULATED PROTECTIVE
ORDER

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ST. PAUL SURPLUS LINES

23 INSURANCE COMPANY and DOES 1 24 100, inclusive,
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Defendants.

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STIPULATED PROTECTIVE ORDER

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Plaintiff Continental Casualty Company ("Plaintiff"), Defendant St. Paul

2 Surplus Lines Insurance Company ("St. Paul"), and nonparty Crown Equipment
3 Corporation ("Crown"), by their respective counsel of record, agree and stipulate to
4 the following protective order pursuant to Fed. R. Civ. P. 26(c):
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1.

The above-referenced lawsuit may involve the discovery and exchange of

6 information deemed confidential and/or proprietary by Plaintiff, Defendants or
7 nonparty Crown; and the parties desire to expedite the flow of discovery materials,
8 facilitate the prompt resolution of disputes of confidentiality, and adequately protect
9 material entitled to be kept confidential. At this time, nonparty Crown is in the
10 process of producing documents it deems confidential and/or proprietary in
11 accordance with Crown's response to Plaintiff's July 5, 2011 Subpoena to Crown.

A Professional Corporation
One Wilshire Boulevard, 22nd Floor
Los Angeles, California 90017

WOOLLS & PEER

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2.

Nothing in this Stipulated Protective Order shall be construed as limiting

13 in any way the right of any party or person, including nonparty Crown, to object to
14 furnishing information sought by any other party. It is also understood that this
15 agreement is not intended to and, therefore, should not be construed as affecting the
16 right of any party or person, including nonparty Crown, to withhold information based
17 on a claim of privilege or attorney work product or other proper objection.
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3.

Any party and nonparty Crown may designate documents (as defined by

19 Fed. R. Civ. P. 34(a)) or any summaries or compilations derived there from, including
20 but not limited to productions of documents, answers to interrogatories, responses to
21 requests for admissions, deposition testimony, exhibits, and all other discovery,
22 regardless of format, that it deems confidential and/or proprietary by physically
23 stamping the word "CONFIDENTIAL" on such documents and/or by specifically
24 designating such documents as confidential in the letter or pleading transmitting or
25 producing such documents. The "CONFIDENTIAL" stamp shall be large enough and
26 conspicuously placed so as to allow ready and easy observation.
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4.

All documents that Crown designated as "Confidential" in Coupe v.

28 Crown Lift Trucks, et al., Yolo County Superior Court Case No. P002-1064, in

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STIPULATED PROTECTIVE ORDER

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1 accordance with the Stipulation for Protective Order and Order entered in that case,
2 and any other information, including written discovery or responses thereto,
3 deposition transcripts and exhibits, pleadings, motions, affidavits, briefs, and expert
4 reports in that case that quote, summarize, or contain confidential Crown material
5 shall remain confidential and shall be deemed designated as "CONFIDENTIAL" for
6 purposes of this lawsuit in accordance with this Stipulated Protective Order and shall
7 be entitled to all protections afforded by this Stipulated Protective Order.
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5.

The documents produced pursuant to this Stipulated Protective Order

9 shall not be disclosed, disseminated, or in any manner shared with any person or
10 entity, other than as specifically provided for herein.
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6.

The documents produced pursuant to this Stipulated Protective Order

A Professional Corporation
One Wilshire Boulevard, 22nd Floor
Los Angeles, California 90017

WOOLLS & PEER

12 many only be disclosed to:
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A.

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and employees of such attorneys to the extent reasonably necessary to render

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professional services in this litigation.

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B.

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jurisdiction over this lawsuit, and stenographers transcribing a deposition.

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C.

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counsel in this litigation, but only after such experts or consultants have

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executed a declaration in the form attached hereto as Exhibit A, which

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declaration shall be maintained by counsel for the party retaining the expert or

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consultant.

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D.

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and then only to the extent deemed reasonably necessary by counsel for such

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party, but only after such party representative has executed a declaration in the

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form attached hereto as Exhibit A, which declaration shall be maintained by

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counsel for that party.

The attorneys of record actively involved in the litigation in this lawsuit,

The Court, including court personnel, any court exercising appellate

Experts or consultants retained by the parties for the purpose of assisting

The parties to this litigation, including representatives of such parties,

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7.

Written discovery and responses thereto, deposition transcripts and

2 exhibits, pleadings, motions, affidavits, briefs, and expert reports that quote,
3 summarize or contain material entitled to protection, to the extent feasible, shall be
4 prepared in such a manner that the confidential information is bound separately from
5 that not entitled to protection.
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8.

Unless otherwise required by the Court, whenever any document

7 designated as "CONFIDENTIAL" or any pleading containing "CONFIDENTIAL"
8 information is filed with the Court, the party submitting such document or pleading
9 shall file a motion for leave to file under seal in accordance with E.D. Local Rule 141.
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9.

The inadvertent production or disclosure of any document (including but

11 not limited to e-mail or other electronic documents) or thing otherwise protected by

A Professional Corporation
One Wilshire Boulevard, 22nd Floor
Los Angeles, California 90017

WOOLLS & PEER

12 attorney-client privilege or work-product protection (as defined by Fed. R. Evid.
13 502(g)) ("Disclosed Protected Information") shall not constitute or be deemed a
14 waiver or forfeiture of any claim of privilege or work product protection that the
15 producing party would otherwise be entitled to assert with respect to the Disclosed
16 Protected Information or its subject matter. The producing party shall assert in writing
17 the attorney-client or work product protection with respect to the Disclosed Protected
18 Information. The receiving party shall, within five (5) business days of receipt of that
19 writing, return or destroy the Disclosed Protected Information and any and all copies
20 thereof or references thereto and provide a certification of counsel that all such
21 Disclosed Protected Information has been returned or destroyed.
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A.

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Protected Information was inadvertently produced or is protected by the

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attorney-client privilege or by work-product immunity, the receiving party shall

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so notify the producing party in writing when the Disclosed Protected

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Information (and all copies) are returned to the producing party.

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B.

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party shall provide to the receiving parties a list identifying all such returned

If the receiving party disputes and wishes to contest any such Disclosed

Within fifteen (15) days after receiving such notification, the producing

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Disclosed Protected Information and stating the basis for the claim of privilege

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or immunity.

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C.

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parties may file a motion to compel production of such Disclosed Protected

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Information, the protection of which is still disputed (a "Privilege Motion").

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The Privilege Motion shall not assert as a ground for compelling production the

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fact or circumstances of inadvertent production.

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D.

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by a receiving party, which derivative Disclosed Protected Information contains

Within fourteen (14) days of receiving such a list, the receiving party or

With respect to Disclosed Protected Information subsequently generated

Information, if the receiving party does not obtain an order compelling

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A Professional Corporation
One Wilshire Boulevard, 22nd Floor
Los Angeles, California 90017

information derived from such inadvertently produced Disclosed Protected

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WOOLLS & PEER

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production pursuant to a timely filed Privilege Motion, the receiving party shall,

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within five (5) business days after learning of the denial of the Privilege

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Motion, either destroy the derivative Disclosed Protected Information or redact

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from them all such derivative privileged or work-product information in a

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manner such that the derivative privileged or work-product information cannot

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in any way be retrieved, inferred or reproduced.

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E.

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that a disclosing party's affirmative use of Disclosed Protected Information in

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this litigation in fairness requires disclosure of privileged or work product

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protected information pursuant to Fed. R. Evid. 106 or 502(a).

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10.

Nothing in this paragraph shall limit a party's ability to assert to the Court

Within thirty (30) days following the final determination of the subject

23 lawsuit, each party, party representative, and their attorneys and their agents, experts
24 and consultants shall destroy or return all copies of documents designated herein as
25 "CONFIDENTIAL" to the attorney for the party or nonparty (such as Crown) which
26 produced the documents.
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11.

The documents produced pursuant to this Stipulated Protective Order

28 shall be used solely for the purpose of preparing for and conducting this litigation.

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1 The parties, their attorneys, agents, experts and consultants understand and agree that
2 the documents designated as confidential and/or proprietary shall not be used for any
3 other purpose and shall not be shared with persons or entities other than as provided
4 for herein.
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12.

The counsel of record for the parties are responsible for employing

6 reasonable measures to control, consistent with this Stipulated Protective Order, the
7 duplication of, access to, and distribution of the documents produced pursuant to this
8 Stipulated Protective Order.
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13.

If a person who has obtained a document under the terms of this

10 Stipulated Protective Order receives a subpoena or other similar request for such
11 document, that person shall promptly notify in writing the party or other person who

A Professional Corporation
One Wilshire Boulevard, 22nd Floor
Los Angeles, California 90017

WOOLLS & PEER

12 designated the document as confidential of the pendency of such subpoena or similar
13 request.
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14.

Unless the parties stipulate otherwise, evidence of the existence or

15 nonexistence of a designation under this Stipulated Protective Order shall not be
16 admissible for any purpose.
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15.

Notwithstanding the termination of the instant litigation, the court shall

18 retain jurisdiction over the parties and persons receiving information pursuant to the
19 terms of this Stipulated Protective Order for the purpose of enforcing all obligations
20 arising hereunder.
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ORDER

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GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT the
Stipulated Protective Order is approved.

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25 DATED: August 22, 2011.
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