Great West Casualty Company v. Navistar, Inc., et al.

Filing 16

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 1/6/2015. (Michel, G)

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DAVID H. CANTER, State Bar No. 035863
[e-mail]
MICHAEL E. JENKINS, State Bar No. 245116
[e-mail]
JULIA GOWER, State Bar No.258975
[e-mail]
HARRINGTON, FOXX, DUBROW & CANTER, LLP
1055 West Seventh Street, 29th Floor
Los Angeles, California 90017-2547
Telephone [phone]; Facsimile [phone]
Attorneys for Defendant
NAVISTAR, INC.
IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREAT WEST CASUALTY COMPANY,
as SUBROGEE OF MOVIN HAY, INC.,

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Plaintiff
vs.
NAVISTAR, INC., OSRAM SYLVANIA,
INC. AND DOES 1 to 30, inclusive,

No. 2:14-cv-01940-KJM-DAD

STIPULATION FOR ENTRY OF
PROTECTIVE ORDER AND
PROTECTIVE ORDER

Defendants.

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STIPULATION FOR ENTRY OF PROTECTIVE ORDER
Defendant Navistar, Inc., through its attorneys of record Harrington, Foxx, Dubrow
& Canter, LLP and Plaintiff Great West Casualty Company, as Subrogee of Movin Hay,
Inc., through its attorneys of record Ward & Federman, hereby Stipulate and Agree to the
following:
1)

If any party to this lawsuit believes that any documents it discloses or

produces during discovery are confidential, that party shall designate such documents by
marking them with an overlay that indicates the confidential nature of the documents prior
to the time of production. The Parties shall identify confidential documents subject to this
Protective Order by marking each page at the bottom middle of each page with the
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STIPULATION FOR ENTRY OF PROTECTIVE ORDER AND PROTECTIVE ORDER

NAV.538\PLEADINGS\Stip For Prot.Order & Prot.Order Combined

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following language: "CONFIDENTIAL SUBJECT TO COURT ORDER" or
"CONFIDENTIAL".
2)

Inadvertent or unintentional production of documents without prior

designation as confidential shall not be deemed a waiver, in whole or in part, of the right
to designate documents as confidential as otherwise allowed by this Stipulation and
Protective Order.
3)

If a party disputes the confidential designation of any document, counsel for

that party shall notify counsel for the designating party of such objection in writing, and
the designating party shall file a Motion for Protective Order with respect to the
challenged documents within 30 days of receipt of such written notice (this period can be
extended by the agreement of the Parties). If the designating party does not file such a
motion within the 30-day period (or other agreed upon period), the documents whose
confidential designation are disputed shall be deemed to not be confidential by agreement
of the Parties. If a Motion for Protective Order is filed within the 30-day period (or other
agreed upon period), the disputed documents and information shall remain subject to the
provisions of this Protective Order, pending a contrary ruling by the Court.
4)

If a party determines that it is reasonably necessary in conjunction with the

prosecution or defense of claims in this case to include confidential documents, or the
information contained therein, or make references thereto in papers filed with this Court
or in any presentation to or before the Court, such shall be done in compliance with Judge
Mueller's Standing Order, which, in part, provides: "The court will only consider requests
to seal or redact filed by the proponent of sealing or redaction. If a party plans to make a
filing that includes material an opposing party has identified as confidential and
potentially subject to sealing, the filing party shall provide the opposing party with
sufficient notice in advance of filing to allow for the seeking of an order of sealing or
redaction from the court." (Standing Order, p. 6, ¶10.) The disputed documents and
information shall remain subject to the provisions of this Protective Order, pending a
contrary ruling by the Court.
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STIPULATION FOR ENTRY OF PROTECTIVE ORDER AND PROTECTIVE ORDER

NAV.538\PLEADINGS\Stip For Prot.Order & Prot.Order Combined

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5)

Confidential documents may be used in deposition, but shall remain subject

to the Protective Order. If a confidential document is read into the transcript, or if a party
believes that the nature or content of a confidential document is being revealed in a
deposition, the party may designate the pertinent portion of the transcript as confidential
and subject to this Protective Order. If the Parties cannot agree on whether any portion of
the designated transcript should be deemed confidential, the party claiming that the
transcript should be confidential shall move for a protective order asking that the disputed
portions thereof be deemed confidential, this disputed transcript shall remain subject to
the provisions of this Protective Order, pending a contrary ruling by the Court.
6)

Except as otherwise provided herein, all documents and the information

contained therein that are designated as confidential may only be disclosed by Parties and

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the Parties’ counsel of record in this case to clients, attorneys, clerks, paralegals and

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secretaries in the regular employment of the Parties’ counsel, and to independent experts

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and consultants who are employed by a party and contemplated by Rule 26 (b)(4) of the
Federal Rules of Civil Procedures. Said confidential documents and information shall be
used only for the purpose of litigating the claims in this action and in no event shall be
used for any other purpose.
7)

Prior to disclosing confidential documents or the information contained

therein to any experts or consultants pursuant to Paragraph “6" hereof, counsel for the
party shall first give a copy of this Protective Order to such person(s), and receive from
such person(s) an executed Confidentiality Agreement. The required Confidentiality
Agreement is attached hereto and incorporated herein as Exhibit "A".
8)

Upon final termination of this action, including any appeals, all documents

designated as confidential, and all copies, abstracts or summaries thereof, shall be
returned to counsel for the designating party or destroyed. If destroyed, the party
destroying such documents shall certify in writing to counsel for the designating party that
all confidential documents produced by the designating party, and all copies thereof, have
been destroyed. The foregoing shall not preclude a party’s counsel from retaining his own
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or her own work product and shall be used only for internal purpose by that attorney or by
clerks, paralegals and secretaries in the regular employment of the party’s counsel, and
shall not be shared or disclosed to anyone other than these individuals. Additionally, the
foregoing shall not preclude a party’s counsel from retaining his or her own complete
closed file for tax or professional liability purposes; however, if such file contains any
documents or information designated as Confidential pursuant to this Stipulation and
Protective Order, then the complete file shall be marked and treated as Confidential.
9)

The terms of this Protective Order shall survive the final termination of this

action, shall continue to bind the Parties and their counsel, and the Court shall retain
jurisdiction to enforce this Protective Order.
10)

Either party may seek to have the Court modify or terminate this Protective

Order at any time either party deems appropriate.

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Dated: January 6, 2015

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HARRINGTON, FOXX, DUBROW &
CANTER, LLP

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By: /s/ David H. Canter
DAVID H. CANTER
Attorneys for Defendant
NAVISTAR, INC.

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Dated: January 6, 2015

WARD & FEDERMAN

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By: /s/ Marc R. Ward
MARC R. WARD
Attorneys for Plaintiff,
GREAT WEST CASUALTY COMPANY

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: January 6, 2015

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Ddad1\orders.civil\greatwest1940.stip.prot.ord.docx

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EXHIBIT "A"

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CONFIDENTIALITY AGREEMENT

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I hereby acknowledge that I,

[NAME],
[POSITION AND EMPLOYER], am

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about to receive Confidential materials supplied in connection with the Proceeding

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entitled Great West Casualty Company v. Navistar, Inc., et al., Case No. 2:14-CV-01940

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(hereinafter "Proceeding").

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I certify that I understand that the Confidential materials are provided to me subject

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to the terms and restrictions of the Stipulation and Protective Order in this Proceeding. I

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have been given a copy of the Stipulation and Protective Order, which I have read and

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agree to be bound by the terms of the Stipulation and Protective Order.

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I understand that Confidential materials, including any notes or other records that

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may be made regarding any such materials shall not be disclosed to anyone except as

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expressly permitted by the Stipulation and Protective Order. I will not copy or use, except

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solely for the purposes of this Proceeding, any Confidential materials obtained pursuant to
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STIPULATION FOR ENTRY OF PROTECTIVE ORDER AND PROTECTIVE ORDER

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my involvement in this Proceeding, except as provided in the Stipulation and Protective
Order or as otherwise ordered by the Court in this Proceeding.

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I further understand that I am to retain all copies of all Confidential materials
provided to me in this Proceeding in a secure manner, and that all copies of such materials
are to remain in my personal custody until termination of my participation in this
Proceeding, whereupon the copies of such materials will be returned to counsel for the
designating party, destroyed, or otherwise retained, in accordance with the Stipulation and
Protective Order.
I declare under penalty of perjury, under the laws of the State of California and the
United States, that the foregoing is true and correct.

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Executed this

day of

, 20

, at

and state).

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DATED:

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SIGNATURE

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TITLE

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ADDRESS

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PHONE NUMBER

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EMAIL ADDRESS

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STIPULATION FOR ENTRY OF PROTECTIVE ORDER AND PROTECTIVE ORDER

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(city