California Capital Insurance Company v. Fasco Industries

Filing 15

STIPULATION and 14 PROTECTIVE ORDER - CONFIDENTIAL DESIGNATIONS signed by Magistrate Judge Edmund F. Brennan on 6/29/2015. (Marciel, M)

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Law Offices of

MATHENY SEARS LINKERT & JAIME, LLP
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DOUGLAS A. SEARS, ESQ. (SBN 48646)
JEFFREY E. LEVINE, ESQ. (SBN 255862)
3638 American River Drive
Sacramento, California 95864
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant, TECUMSEH PRODUCTS
COMPANY dba VON WEISE USA, INC., fka
FASCO INDUSTRIES, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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CALIFORNIA CAPITAL INSURANCE
COMPANY,

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Case No. 2:14-cv-02425-TLN-EFB
STIPULATION AND PROTECTIVE
ORDER – CONFIDENTIAL
DESIGNATIONS

Plaintiff,
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v.
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FASCO INDUSTRIES, and DOES 1
through 20, inclusive,

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Defendant.

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AGREED PROTECTIVE ORDER

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WHEREAS the parties hereto have been and may be requested to produce or disclose

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through discovery certain materials and information, which they maintain is and contains

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privileged trade secrets, proprietary information, other confidential commercial information

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and/or financial or personal information;
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AND WHEREAS other parties hereto, while not specifically conceding the privileged or

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confidential nature of said materials or the consequences of their public disclosure, are being

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permitted to inspect and obtain said materials and information for use in the course of this

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litigation;

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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATIONS

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IT IS THEREFORE ORDERED that:

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1.

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All written materials produced or disclosed by Plaintiffs and Defendants during

pretrial discovery in this action (including, but not limited to, disclosures made pursuant to the

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Federal Rules of Civil Procedure, answers to interrogatories, responses to requests for production,
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responses to requests for admission, deposition testimony and deposition exhibits) that are

"Protected Material") shall be revealed only as provided herein.

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

designated as "SUBJECT TO PROTECTIVE ORDER" or "CONFIDENTIAL" (hereinafter,

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MATHENY SEARS LINKERT & JAIME, LLP

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By entering this Agreed Protective Order, the Court does not intend to create any
presumption with regard to the actual confidentiality of any material, or to alter the normal
burden of proof necessary for obtaining a protective order from the Court.

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2.

This Agreed Protective Order is specifically designed to protect disclosure and

unauthorized communications with regard to the information provided by the Plaintiff,

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CALIFORNIA CAPITAL INSURANCE COMPANY; and the Defendant, TECUMSEH

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PRODUCTS COMPANY dba VON WEISE USA, INC., fka FASCO INDUSTRIES, INC.; upon

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the request of Plaintiffs or Defendants. Any additional information to be included within the

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Agreed Protective Order should be introduced and contemplated by paragraph 3.

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3.

On the consent of all parties, additional documents, materials and information can

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be added.

If a party contests the assertion that any protected material qualifies as

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"CONFIDENTIAL" or "SUBJECT TO PROTECTIVE ORDER", pursuant to this Agreed

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Protective Order, the contesting party shall notify in writing counsel for the producing or

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disclosing party and identify the material that is contested. Upon such written notification, the

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producing or disclosing party shall have fourteen (14) days to file a Motion for Protective Order

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with respect to the contested material. The confidentiality of the contested material shall be

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maintained in accordance with this Agreed Protective Order until and unless the Court rules that
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATIONS

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the contested material is not entitled to such protection. As to any contested material for which a

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Motion for Protective Order is not made or the requested relief is denied, that material shall be

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deemed outside the scope of this Protective Order.

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4.

A party’s attorney may distribute materials protected by this Agreed Protective

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with the following categories of persons and no others, except by further order of the Court:
a.

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any party in this action, and a party’s current or former employees,
directors, officers, or agents (i) who are actively engaged in assisting

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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Order or share information obtained from materials protected by this Agreed Protective Order

counsel with the prosecution or defense of this action; or (ii) who are being

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advised by counsel regarding this action, and the particular disclosure is

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reasonably necessary with regard to the legal advice being rendered;

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b.

counsel for any party to this action;

c.

members of the legal or support staff of a party’s counsel that are actually

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engaged in assisting counsel with the prosecution or defense of this action;
d.

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experts and consultants retained by a party’s attorneys to assist in the
evaluation, preparation or testimony in this case, after the attorneys have

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received a signed NON-DISCLOSURE AGREEMENT in the form of
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Exhibit "A", signed by the person receiving the material or information;

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e.

the Court, the Court’s personnel, witnesses at trial and the jury;

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f.

a non-party witness at a deposition; such witness may be shown the

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protected document and examined on it, but such document and all

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testimony relating to such document shall be provided only to those

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persons otherwise entitled to such protected material pursuant to Paragraph

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3(a) through 3(d) of this Order, and shall not be retained by such witness;
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATIONS

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and

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g.

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5.

the insurer of any party.

Upon the exchange of trial exhibits if a party designates as a trial exhibit a

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document identified by another party as "CONFIDENTIAL" under this Protective Order, the
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party that designated the document as “CONFIDENTIAL” hereunder expressly reserves all rights

confidentiality of such document. Upon the filing of such a motion, a party may not disclose or

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submit the "CONFIDENTIAL" exhibit at trial or otherwise until such motion is addressed by the

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

to file an appropriate motion with the Court to seek adequate protections relating to the

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MATHENY SEARS LINKERT & JAIME, LLP

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Court.
6.

Unless ordered by the Court, no person or party shall disclose information within

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the scope of this order in response to a subpoena or other demand. The producing or disclosing
person or party shall assume responsibility for preserving and prosecuting any objection to the

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subpoena or demand. The person or party served shall be obligated to cooperate to the extent

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necessary to preserve the confidentiality of the protected material until ruled upon by a court of

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competent jurisdiction.

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7.

Production by any party of protected material that was not initially marked

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"SUBJECT TO PROTECTIVE ORDER" or "CONFIDENTIAL," shall not constitute a waiver of
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its confidential nature. Any such material and any copy made of it shall be returned to the

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producing party immediately upon their request for stamping by the producing party or stamped

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by the receiving party. Production of protected material by any party at trial shall not constitute a

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waiver of the provisions of this Agreed Protective Order.

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8.

The provisions of this order shall not terminate at the conclusion of this action.

After final conclusion of all aspects of this litigation, all originals and copies of material subject

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to this Protective Order that are in a party’s possession shall be returned to the party or person
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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATIONS

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who produced the documents; or, to the extent documents contain confidential notes of the

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receiving party or attorney, they may be destroyed; or, with permission of the party or person who

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produced the documents, they may be destroyed. Counsel of record shall, upon written request,

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deliver written notice of compliance to the counsel for the party who produced the documents and
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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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made the written request within sixty (60) days after final termination of this litigation, indicating
that the documents have either been returned or destroyed.
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This order may be modified by the Court sua sponte, or upon motion of the parties,

for good cause shown.
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Deposition testimony shall be deemed "SUBJECT TO PROTECTIVE ORDER" or

"CONFIDENTIAL" only if designated as such within 14 days of receipt of the transcript. Such

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designation shall be specific as to the portions of the transcript or any exhibit to be designated as
"CONFIDENTIAL." Thereafter the deposition transcripts and any portions so designated shall be

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protected as "CONFIDENTIAL," pending objection, under the terms of this Order. Unless

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otherwise agreed, depositions shall be treated as “CONFIDENTIAL” during the 14-day time

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period following receipt of the transcript.

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11.

If “CONFIDENTIAL” documents are subpoenaed by a non-party for use in some

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other action, the disclosing party will be promptly notified so that it may take action to intervene
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or otherwise object to production of its documents.

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IT IS SO ORDERED.

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Dated: June 29, 2015.
EDMUND F. BRENNAN
United States Magistrate Judge

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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATIONS

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Approved as to form and content:

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MATHENY SEARS LINKERT & JAIME, LLP

Dated: June __, 2015

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By: signature on original
JEFFREY E. LEVINE, ESQ., Attorneys
for Defendant, TECUMSEH PRODUCTS
COMPANY dba VON WEISE USA, INC.,
fka FASCO INDUSTRIES, INC.

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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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Dated: June__, 2015

CULBRETH SCHROEDER, LLP

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By:

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signature on original
WILLIAM LOSCOTOFF, ESQ., Attorneys
for Plaintiff CALIFORNIA CAPITAL
INSURANCE COMPANY

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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATIONS

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EXHIBIT A

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NON DISCLOSURE AGREEMENT

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA CAPITAL INSURANCE COMPANY,
Plaintiff,
v.
FASCO INDUSTRIES, and DOES 1 through 20, inclusive,
Defendant.

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Case No. 2:14-cv-02425-TLN-EFB
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3638 AMERICAN RIVER DRIVE
SACRAMENTO, CALIFORNIA 95864

LAW OFFICES OF

MATHENY SEARS LINKERT & JAIME, LLP

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I, ___________________________________, hereby acknowledge that I have read the
terms and conditions of the Agreed Protective Order entered by the Court in the above-captioned

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matter on _____________, understand the terms thereof, and consent to be bound by such terms.

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Further, by executing this Nondisclosure Agreement, I hereby consent to the jurisdiction of the

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above-captioned court for the limited purpose of enforcing the terms of the Stipulation and

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Protective Order and agree to not disclose “CONFIDENTIAL” information I receive solely from

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this case.
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In the event of breach of this Agreement, I recognize that the aggrieved party may pursue

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all civil remedies, including contempt of court, available to it as a third-party beneficiary of this

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Agreement.

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Signature: __________________________
Printed name:

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Date: _____________________

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STIPULATION AND PROTECTIVE ORDER – CONFIDENTIAL DESIGNATIONS