Anselmo et al v. Maryland Casualty Company et al

Filing 18

PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 5/12/14. (Manzer, C)

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K. Greg Peterson, Esq. (SBN: 118287)
LAW OFFICES OF K. GREG PETERSON
1716 L Street
Sacramento, California 95811
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiffs
Randy M. Marmor, Esq. (SBN: 074747)
SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC
Two Embarcadero Center, Suite 1410
San Francisco, California 94111
Telephone: [phone];
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant MARYLAND CASUALTY COMPANY
Bruce N. Telles, Esq. (SBN: 152080)
AIWASIAN & ASSOCIATES
725 S. Figueroa Street, Suite 1050
Los Angeles, CA 90017
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant CENTURY INDEMNITY COMPANY

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
)
)
)
Plaintiffs,
)
)
vs.
)
MARYLAND CASUALTY COMPANY, et al., )
)
)
Defendants.
)
ELEANOR J. ANSELMO, et al.,

Case No.: 2:14-CV-00162-WBS-AC
STIPULATION RE: CONFIDENTIALITY
OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER;
PROTECTIVE ORDER

The following is hereby stipulated and agreed to, by and between Plaintiffs,
ELEANOR J. ANSELMO, individually, and as Trustee under that certain document

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-1STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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entitled “The Albert A. and Eleanor J. Anselmo 1988 Revocable Trust” Dated February

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19, 1988, and as Successor-in-Interest to Albert A. Anselmo, Deceased; ROSALIE A.

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ANSELMO, individually and as Co-Trustee under that certain document entitled “The

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Edward A. Anselmo and Rosalie A. Anselmo 1992 Revocable Trust” Dated December

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21, 1992; KAREN L. LILIENTHAL, as Co-Trustee under that certain document entitled

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“The Edward A. Anselmo and Rosalie A. Anselmo 1992 Revocable Trust” Dated

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December 21, 1992; DAVE DAVELAAR , individually, and LINDA DAVELAAR,

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individually, and Defendants, MARYLAND CASUALTY COMPANY, a Maryland

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corporation; and CENTURY INDEMNITY COMPANY (as successor-in-interest to CCI

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Insurance Company, as successor-in-interest to Insurance Company of North America),

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a Pennsylvania corporation, and is entered into by and through their respective counsel.

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1.

This agreement (“Agreement” or “Protective Order”) shall apply to the

above-captioned matter (“Action”) and shall have an effective date of April 28, 2014.
2.

This Agreement shall bind the named parties and all attorneys, employees,

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consultants and representatives of the named parties, and any other person or entity

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who agrees to be bound by this Agreement (by executing a Certification in the form

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attached hereto as Exhibit “A”).

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3.

This Agreement shall govern the disclosure and use in this action of

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CONFIDENTIAL documents and information designated as such in good faith and

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disclosed after this Protective Order’s effective date, whether contained in documents

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and records voluntarily produced by any party prior to the onset of discovery in this

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action, deposition or other pretrial testimony in this Action, any order issued in this

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matter, deposition transcripts, deposition exhibits, interrogatory responses, admissions

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and any other information produced, given, or exchanged by and among the parties and

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any non-parties to this Action in connection with discovery in the Action or referenced in

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any pleadings filed in this action. Such information and documents shall hereinafter be

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referred to collectively as disclosed “Discovery Material”). All Discovery Material

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designated CONFIDENTIAL in accordance with the terms of this Agreement and
-2STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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produced or exchanged in the course of this Action shall be used or disclosed solely for

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the purposes related to the prosecution and/or defense of this litigation, and in

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accordance with all of the provisions of this Agreement.

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4.

Any party producing Discovery Material may designate any Discovery

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Material as CONFIDENTIAL which such party, in good faith, believes to contain (a) non-

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public, confidential, attorney-client privileged, work-product privileged, proprietary,

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and/or financial privacy privileged information; and/or (b) information that should

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otherwise be subject to confidential treatment pursuant to applicable California law.

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5.

The parties hereto agree that Discovery Material designated

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CONFIDENTIAL may be disclosed or made available in whole or in part only to the

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following persons:

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a.

a named party, or corporate representatives, directors, officers,

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agents, and employees of a named party in this matter who have executed the

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Certification attached hereto as Exhibit “A”;

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b.

outside counsel representing a named party in this matter, including

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members of their firms, associate attorneys, paralegals, secretarial staff, clerical

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and other regular and/or temporary employees, and service vendors of such

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counsel (including, but not limited to, translators, interpreters, outside copying

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services, graphic support services, document imaging services, and

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database/coding services);

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c.

during depositions, preparation for depositions, testimony in a

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pretrial hearing, and preparation for testimony in a pretrial hearing, a witness who

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is a current employee of the party that produced the applicable document(s) or

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who appears, based upon the document itself or other testimony, to have

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reviewed or prepared the document designated CONFIDENTIAL or to have

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participated in the specific event, transactions, discussions, or data reflected in

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the document, provided such witness executes a Certification attached hereto as

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Exhibit “A”;
-3STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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d.

a third party witness who appears, based upon the document itself

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or other testimony, to have reviewed or prepared the document designated

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CONFIDENTIAL or to have participated in the specific event, transactions,

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discussions, or data reflected in the document, provided said witness has

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executed a Certification attached hereto as Exhibit “A”;

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e.

Auditors or accountants of any party, should disclosure of any

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document designated CONFIDENTIAL to such auditors or accountants be

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required by law or otherwise be reasonable and necessary; and

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f.

an expert or consultant who (i) is retained by outside counsel to

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assist with this matter, (ii) agrees not to use nor disclose such CONFIDENTIAL

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information in any other litigation or proceeding; and (iii) has executed a

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Certification attached hereto as EXHIBIT “A”.

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6.

This Protective Order has no effect upon, and shall not apply to, the

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parties’ use of their own Discovery Material whether designated as CONFIDENTIAL for

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any purpose.

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7.

This Protective Order has no effect upon, and shall not constitute a waiver

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of, the right of any named party to attend the deposition of any witness in this Action,

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except that to the extent any party attending a pre-trial deposition becomes aware of

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CONFIDENTIAL Discovery Material during the course of a deposition, all of the parties

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hereto and their counsel agree that all of the parties attending, or later receiving a

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transcript of, such a deposition shall be bound as a “receiving party” under the terms of

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this Protective Order.

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8.

Any person, entity, or named party receiving CONFIDENTIAL Discovery

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Material that receives a request or subpoena for production or disclosure of

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CONFIDENTIAL Discovery Material shall promptly give written notice to the producing

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party, and all opposing named parties, if different from the producing party, identifying

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the Discovery Material sought and enclosing a copy of the subpoena or request.

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Provided that the producing party makes a timely objection, motion, or other application
-4STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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for relief from the subpoena or other request in the appropriate manner and forum, the

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person, entity, or named party subject to the subpoena or other request shall not

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produce or disclose the requested Discovery Material without consent of the producing

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party or until ordered by a court of competent jurisdiction; however, the producing party

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shall be responsible for all attorneys’ fees and costs incurred in regard to formally

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opposing any third party request or subpoena.

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9.

Counsel shall inform each person to whom they wish to disclose or give

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access to CONFIDENTIAL Discovery Material and who is authorized to receive such

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material of the terms of this Agreement, and counsel shall assume the responsibility for

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securing the obligation of that person to comply with each of its terms.
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Counsel for any receiving party shall be responsible for maintaining a

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record of all signed Certifications (EXHIBIT “A”) required by this Agreement. Such

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Certifications shall not be available for review by opposing counsel absent agreement of

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the parties or an order of the Court determining that there is a good faith basis to allow a

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review.

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11.

The designation of Discovery Material as CONFIDENTIAL for purposes of

this Agreement shall be made in the following manner by any producing party as follows:
a.

in the case of documents, discovery responses, and/or other

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materials of any kind (apart from depositions or other pretrial testimony): by

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affixing the legend “CONFIDENTIAL – Subject to Protective Order” as

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appropriate, to each page containing any Discovery Material determined to

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warrant such a designation, provided that the failure to designate a document as

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CONFIDENTIAL does not constitute a waiver of such claim, and a producing

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party may so designate a document after such document has been produced,

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with the effect that such document is subject to the protections of this Agreement

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on and after the date of its designation as “CONFIDENTIAL.” The producing party

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may also designate a document or a group of documents as CONFIDENTIAL by

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identifying the Bates stamp numbers of such documents that warrant the
-5STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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designation in writing to all other parties at the time the documents are produced;

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and

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b.

in the case of depositions or other pretrial testimony: (i) by a

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statement on the record, by counsel for the producing party, at the time of such

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disclosure, identifying certain portions of the testimony and any documents

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reviewed as CONFIDENTIAL with such portions then being marked appropriately

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by the court reporter; or (ii) by written notice of the specific pages, sent by such

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counsel to all parties within ten (10) business days after the transcript of the

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testimony is received; and in both of the foregoing instances, directing the court

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reporter to affix the appropriate confidential legend to the first page and all

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portions of the original and all copies of the transcript containing the

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CONFIDENTIAL Discovery Material. The parties may modify this procedure for

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any particular deposition, through agreement on the record at such deposition,

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without further order of the Court.

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12.

If any Discovery Material designated as CONFIDENTIAL is sought to be

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used in any court proceeding, the party attempting to use said materials shall see that

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said materials are submitted to the Court consistent with the procedures for sealing filed

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documents from public disclosure and/or access as set forth under United States District

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Court, Eastern District of California, Local Rules, Rule 141 and as set forth in this

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Agreement.

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13.

If any brief, memorandum, motion, letter, affidavit, or other document filed

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with the Court (such information shall hereinafter be referred to collectively as “Filings”)

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is submitted to the Court containing Discovery Material which has been designated as

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CONFIDENTIAL pursuant to this Agreement, the parties shall comply with all applicable

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rules that govern the sealing of only those sections of Filings that the designating party

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believes, in good faith, should be sealed for good cause.

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14.

Any Filings containing CONFIDENTIAL Discovery Material to be filed with

the Court may only be lodged in conjunction with a motion or application to seal said
-6STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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materials in accordance with the procedures set forth under the United States District

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Court Eastern District of California, Local Rules, Rule 141, and if said Court grants an

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order sealing said materials shall bear a statement substantially in the following form:

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CONFIDENTIAL
FILED UNDER SEAL PURSUANT TO A PROTECTIVE ORDER DATED _______,
2014, GOVERNING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION
OBTAINED OR UTILIZED DURING THE COURSE OF THE LITIGATION.
THIS ENVELOPE IS NOT TO BE OPENED AND THE CONTENTS THEREOF SHALL
NOT BE DISPLAYED OR REVEALED EXCEPT BY OR TO QUALIFIED PERSONS
OR BY COURT ORDER.
15.

In the event the Court denies a request to seal any portion of any Filing

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containing CONFIDENTIAL Discovery Material, based on its ruling on the merits that

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such Discovery Material contains no actual confidential or otherwise privileged

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information, the designating party shall have the right to challenge said ruling within five

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(5) court days of such denial. In the event of any such challenge to the Court’s refusal to

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seal the Discovery Material in question, said materials shall continue to be treated as

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CONFIDENTIAL during the five (5) day period and during the period that the challenge

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in question is pending before the Court. If the designating party does not challenge the

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ruling within this time, or the Court denies the challenge of the designating party, the

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non-designating party may submit the subject Discovery Material with any Filing, or file

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or submit the subject Discovery Material to the Court without seal.

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16.

Nothing in this Agreement shall be construed in any way as a finding that

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Discovery Material designated CONFIDENTIAL actually is or contains CONFIDENTIAL

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information. Any named party may object, in writing, to the designation by another party,

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including those of third parties, by specifying the information at issue and its grounds for

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questioning the designation. A named party shall not be obligated to challenge the

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propriety of a designation at the time made, and a failure to do so shall not preclude any

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subsequent challenge. In the event that any named party to this Action disagrees at any

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point in these proceedings with the designation by the producing party, the parties shall

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try first to dispose of such dispute in good faith on an informal basis. If the dispute
-7STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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cannot be resolved, the named party challenging the designation may file a motion to

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compel within twenty-one (21) days after informal attempts at resolution have concluded

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by an unequivocal statement in writing by counsel for any party that no informal

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resolution can be reached and that Court intervention is necessary. The information,

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documents or materials shall continue to receive the protection of their designation until

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the Court rules on the motion. The party designating the information CONFIDENTIAL

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shall have the burden of demonstrating the propriety of its designation. All parties to this

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Protective Order agree to an in-camera review of the Discovery Material and/or an off

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the record, in-chambers conference with the Court to allow the Court to determine the

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propriety of the CONFIDENTIAL designation of the Discovery Material.
17.

The inadvertent or mistaken disclosure by a producing party of

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undesignated or improperly designated CONFIDENTIAL Discovery Material shall not

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constitute a waiver of any claim of confidentiality, provided that the producing party

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notifies the receiving party in writing of such inadvertent or mistaken disclosure and

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provides re-designated documents to the receiving party within thirty (30) days of such

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notice. Upon receipt of properly re-designated documents, the receiving party shall

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return or confirm the destruction of all unmarked or incorrectly designated documents

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and other materials to the producing party within five (5) business days. The receiving

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party shall not retain copies thereof and shall treat information contained in said

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documents and materials and any summaries or notes thereof as appropriately marked

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pursuant to the producing party’s notice.

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18.

Should any CONFIDENTIAL Discovery Material be disclosed, through

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inadvertence or otherwise, by a receiving party to any person, entity, or party not

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authorized under this Agreement, then the receiving party shall: (a) immediately notify

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the producing party; (b) use its best efforts to obtain the return of any such

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CONFIDENTIAL information and to bind such person to the terms of this Agreement; (c)

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within five (5) business days of the discovery of such disclosure, inform such person of

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all provisions of this Agreement and identify such person, entity, or party to the originally
-8STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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producing party; and (d) request such person or party to sign the Certification attached

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hereto as EXHIBIT “A”. The executed Certification shall be served upon counsel for the

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producing party within ten (10) business days of its execution by the person, entity, or

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party to whom the CONFIDENTIAL information was inadvertently disclosed. Nothing in

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this paragraph is intended to limit the remedies that the producing party may pursue for

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breach of this Agreement.

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19.

The terms and conditions of this Stipulation and Protective Order shall,

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absent written permission of the producing party or further order of the Court, continue to

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be binding on the parties and their counsel throughout and after the conclusion of the

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Action for a period of twenty-five (25) years from the effective date, including without

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limitation any appeals therefrom.

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20.

Any party seeking enforcement of this Agreement against any other party

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may petition the Court by properly noticed motion, and the prevailing party shall be

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entitled to an award of its attorneys’ fees and costs.

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IT IS SO STIPULATED.

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Dated: April 28, 2014

LAW OFFICES OF K. GREG PETERSON

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By: /s/ K. Greg Peterson
Greg Peterson, Esq.
Attorney for Plaintiffs

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Dated: May 6, 2014

SINNOTT, PUEBLA, CAMPAGNE &
CURET, APLC

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By: /s/ Randy M. Marmor
Randy N. Marmor, Esq.
Attorneys for Defendant MARYLAND
CASUALTY COMPANY

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///
-9STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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Dated: May 1, 2014

AIWASIAN & ASSOCIATES

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By: /s/ Bruce N. Telles
Bruce N. Telles, Esq.
Attorneys for Defendant CENTURY
INDEMNITY COMPANY (as successor-ininterest to CCI Insurance Company, as
successor-in-interest to Insurance Company of
North America)

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-10STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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ORDER
The parties having stipulated to the foregoing Protective Order and good cause
appearing,
IT IS SO ORDERED.

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DATED: May 12, 2014

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-11STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER

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CERTIFICATION – EXHIBIT “A”

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I hereby certify that I have read the attached Stipulated Protective Order for the

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matter entitled ELEANOR J. ANSELMO, et al. vs. MARYLAND CASUALTY COMPANY,

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et al., United States District Court, Eastern District of California, Case No. 2:14-CV-

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00162-WBS-AC, and I agree that I will not reveal CONFIDENTIAL information and

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documents (“Discovery Material”) to, or discuss such with, any person who is not entitled

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to receive CONFIDENTIAL information and documents in accordance with the

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Stipulated Protective Order, and that I will use and rely upon CONFIDENTIAL

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information and documents in accordance with this Stipulated Protective Order. I agree

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that the United States District Court, Eastern District of California, has jurisdiction to

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enforce the terms of the Stipulated Protective Order, and I consent to jurisdiction of the

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United States District Court, Eastern District of California, over my person and the

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Company, if any, listed below for that purpose. I will otherwise be bound by the

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provisions of the Stipulated Protective Order, whose terms shall be deemed fully

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incorporated herein.

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I HEREBY AGREE TO THE ABOVE-REFERENCED PROVISIONS.

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Dated:
[Signature]

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[Print Name]

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[The Company]

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[Address]

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STIPULATION RE: CONFIDENTALITY OF DOCUMENTS AND INFORMATION
AND FOR PROTECTIVE ORDER ; [PROPOSED] PROTECTIVE ORDER