Little v. AMCO Insurance Company

Filing 13

STIPULATION and PROTECTIVE ORDER Regarding Confidential Information signed by District Judge Kimberly J. Mueller on 11/21/2017. (York, M)

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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KATHLEEN A. HERDELL (SBN 142836)
LAW OFFICES OF KATHLEEN A. HERDELL
340 McCormick Street, Suite C
St. Helena, CA 94574
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiff
CHAD LITTLE
SONIA MARTIN (SBN 191148)
MENGMENG ZHANG (SBN 280411)
DENTONS US LLP
One Market Plaza, Spear Tower, 24th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]
Attorneys for Defendant
AMCO INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CHAD LITTLE,
Plaintiff,

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Case No. 2:17-cv-00975-KJM-KJN
STIPULATION AND PROTECTIVE
ORDER REGARDING CONFIDENTIAL
INFORMATION

vs.
AMCO INSURANCE COMPANY, AND
DOES 1-20, inclusive,

(with court modifications)

Defendants.

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Plaintiff Chad Little (“Plaintiff”) and Defendant AMCO Insurance Company
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(“AMCO”), jointly the “Parties” in this action, by and through their attorneys of record, have
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filed the following Stipulation and Protective Order Regarding Confidential Information
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(“Protective Order”), pursuant to Federal Rules of Civil Procedure 26(c). See Stipulation, ECF
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No. 12. With the exception of paragraph 6, which the court alters to comply with the court’s
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standing order regarding the appropriate party for filing of a request to seal, and with the added
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CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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clarification that requests to seal must comply with local rules and applicable law, the court

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adopts the Protective Order as outlined below:

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WHEREAS, the Parties wish to protect the confidentiality of certain confidential,

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proprietary or private information for which special protection from public disclosure and from

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use for any purpose other than prosecuting and defending this litigation or related litigation

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involving the Parties would be warranted;

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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WHEREAS, the Parties wish to ensure that the Parties can obtain and pursue discovery
and litigate this matter efficiently and with a minimum of delay and expense;
THE COURT HEREBY ORDERS THAT:
This Protective Order shall govern the use and treatment of information, documents,

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testimony or other tangible things produced in this action the Defendant, AMCO Insurance

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Company (“AMCO”):

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“Confidential Information,” as used herein, means any information, in whatever

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form produced in connection with formal or informal discovery in this litigation that AMCO in

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good faith believes contains, reflects or concerns its trade secrets, confidential business or

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commercial information or other sensitive or proprietary information which, if disclosed to third

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parties, would likely cause the party injury, prejudice, harm, damage or disadvantage.

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Confidential Information includes, but is not limited to, proprietary business information,

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business plans, pricing, information relating to personnel matters, and financial and other

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sensitive information that is not publicly available (or not publicly available in the form

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maintained by the party), Confidential Information may not be used or disseminated except as

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provided in this Protective Order. Confidential Information includes all documents or

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information derived from Confidential Information, including excerpts, copies or summaries of

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Confidential Information.

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2.

AMCO may designate any information, document, testimony or other tangible

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thing that it furnishes in connection with this litigation as Confidential Information, and

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therefore subject to the provisions of this Protective Order, in any reasonable manner.

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Documents may be designated Confidential Information by affixing the legend “Confidential
CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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Document” to each item or document page. Deposition testimony and/or exhibits may be

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designated Confidential Information either by: (a) stating on the record of the deposition that

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such deposition, or portion thereof; or exhibit is confidential; or (b) stating in writing served

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upon counsel of record up to twenty (20) days after receipt of the deposition transcript that such

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deposition, or portion thereof, or exhibit is confidential.

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3.

Materials designated as “Confidential Document” may only be copied, disclosed,

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discussed, or inspected, in whole or in part, only for the purposes of this litigation and only by

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the following persons:
(a)

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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litigation;

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(b)

the Parties in this lawsuit, or their employees involved in the management of this

counsel of record who represent the Parties in this litigation, in-house counsel and

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the personnel who are directly employed or contracted by those attorneys’ firms and who are

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assisting the attorneys working on this action;

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(c)

any person who is expected to testify as a witness either at a deposition or court

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proceeding in this action for the purpose of assisting in his/her preparation therefore, and any

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other person to whom the dissemination of the document is deemed necessary by any party in

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preparation for trial;

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(d)

independent expert witnesses or consultants, including trial or jury consultants,

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retained by the Parties in this lawsuit (i.e., not employed by or similarly affiliated with a party or

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an affiliated company of a party);

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(e)

the Court and its officers, including stenographic reporters engaged in such

proceedings as are necessarily incidental to the preparation or trial of this lawsuit; and

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(f)

any mediator or arbitrator selected with the consent of all Parties or by the Court.

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4.

Confidential Information shall not be disclosed to any of the persons referred to in

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paragraph 3(c) and (d) until such persons have been provided with a copy of this Protective

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Order and have agreed in writing to be bound thereto by execution of the Confidentiality

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Agreement attached hereto as Exhibit A. All parties shall retain any such agreements and make

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them available to counsel for other parties upon request, provided that the identities of
CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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consultants, including trial or jury consultants, who have not been identified as testifying experts

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need not be disclosed.

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Confidential Information shall not be disclosed to any of the persons referred to in

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paragraph 3(c) and (d) until such persons have been provided with a copy of this Protective

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Order and have agreed in writing to be bound thereto by execution of the Confidentiality

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Agreement attached hereto as Exhibit A. All Parties shall retain any such agreements and make

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them available to counsel for other Parties upon request, provided that the identities of

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consultants, including trial or jury consultants, who have not been identified as testifying experts

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need not be disclosed.

DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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5.

AMCO may elect that certain Confidential Information not be divulged to the

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persons referred to in paragraphs 3(a) or 3(c) above if it in good faith believes that its disclosure

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could cause commercial harm or be put to any improper use or could otherwise cause irreparable

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harm. Such information shall be clearly marked “Highly Confidential-Attorneys & Experts

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Only,” and shall be treated as Confidential Information, except that such information may only

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be disclosed to those persons referred to in paragraphs 3(b), 3(d), 3(e) and 3(f) herein in

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accordance with the terms and conditions of this Protective Order. If a party objects to materials

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designated “Highly Confidential-Attorneys & Experts Only,” that party may follow the

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procedure set forth in paragraph 9 herein to remove such designation.

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6.

If a party plans to make a filing that includes or attaches material an opposing party

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has identified as confidential and potentially subject to sealing, the filing party shall provide the

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opposing party with sufficient notice in advance of filing to allow for the seeking of an order of

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sealing or redaction from the court as provided by the Court’s standing order. The Parties shall

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take such steps as are reasonably necessary to ensure that the papers or relevant portions, as the

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Court may order, shall be filed in sealed envelopes or other appropriate sealed enclosures on

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which shall be endorsed the title to the action, the words “Confidential.”

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Subject to rules of evidence, Confidential Information may be offered in evidence

at trial or any court hearing.
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The terms of this Protective Order are subject to modification, extension or

CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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limitation as may be hereinafter agreed to by the Parties in writing or as ordered by the Court.

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Any modifications, extensions or limitations agreed to in writing by the Parties shall be deemed

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effective pending approval by the Court.

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9.

With respect to any Confidential Information covered by this Protective Order, the

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Plaintiff may at any time serve upon counsel for AMCO a written notice of objection to the

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materials designated as “Confidential Document.” AMCO shall, within seven (7) business days

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of receipt of such notice, review the designated material sought to be reclassified, and notify the

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Plaintiff in writing whether or not it will agree to the reclassification requested and, if not,

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whether it will agree to reclassify a redacted copy. If no agreement can be reached, the

DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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requesting party may apply to the Court for an order that the information or documents so

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designated are not entitled to such status and protection. The designating party shall be given

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notice of the application and an opportunity to respond. In the event of such application, to

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maintain the status of the information or documents as Confidential-Information under this

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Protective Order, the proponent of confidentiality must show there is good cause for the

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information or documents to have such designated protection.

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10.

Confidential Information shall be used solely and exclusively for the purpose of

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this specific litigation and for no other purpose, including, without limitation, any business,

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competitive or educational purpose; such information shall not be disclosed or disseminated to

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any person, organization, business, governmental body or administrative agency unless ordered

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by the Court.

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In the event that Confidential Information is inadvertently produced without

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designating such documents or information “Confidential Document” within the time periods

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established in this Protective Order, AMCO shall properly designate such documents or

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information as “Confidential Document,” and the Plaintiff shall be bound by such designations

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pursuant to the terms of this Protective Order, but shall not be deemed to be in breach of this

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Protective Order by reason of any use or disclosure of such Confidential Information that

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occurred prior to notification of the correct designation. Inadvertent production of such

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documents or information in this case without designation as “Confidential Document” shall not
CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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be deemed a waiver, in whole or in part, of AMCO’s claim to confidentiality of such documents

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or information, either as to the specific information disclosed or as to any other information

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relating to the subject matter of the information disclosed.

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12.

Immediately following the conclusion of this litigation, either by settlement,

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judgment, dismissal or otherwise, counsel for the party or parties to which Confidential

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Information was produced shall destroy the Confidential Information, including any copies made

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of the Confidential Information and including any extracts and/or summaries of the Confidential

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Information. Each party shall provide written notice to the other side that the Confidential

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Information has been destroyed or, in the alternative, return the Confidential Information to the

DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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other side with a cover letter confirming all Confidential Information has been returned. The

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parties and counsel for the parties shall not discuss the Confidential Information with any person

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or party at any time after conclusion of the litigation, other than with their respective counsel and

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clients in the above-captioned action, counsel for the other parties in this action, and the Court

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under seal. If requested, counsel shall furnish a certificate of compliance that all confidential

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materials produced to that party, including all summaries, excerpts or copies of such materials,

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have been returned to the producing party.

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13.

If Plaintiff receives a subpoena from a nonparty to this Protective Order seeking

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production or other disclosure of Confidential Information, Plaintiff shall refuse to produce any

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Confidential Information under the authority of this Protective Order and shall immediately give

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written notice to counsel for AMCO, identifying the Confidential Information sought and

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enclosing a copy of the subpoena.

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14.

The Parties stipulate that this Court shall retain jurisdiction over them and any

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person to whom Confidential Information is disclosed to the extent necessary to enforce the

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terms of this Protective Order.

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15.

This Protective Order will be governed and construed in accordance with the

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Federal Rules of Civil Procedure and the laws of the United States District Court for Eastern

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District of California.

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This Protective Order contains the entire agreement between the Parties concerning

CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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the subject matter hereof, and no modifications of this Protective Order or waiver of its

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provisions will be binding upon the Parties, unless made in writing by the Parties.

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IT IS SO STIPULATED.

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Dated: November 16, 2017

LAW OFFICES OF KATHLEEN A. HERDELL

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By

/s/ KATHLEEN A. HERDELL
(As Authorized on 11/16/17)
KATHLEEN A. HERDELL
Attorneys for Plaintiff
CHAD LITTLE

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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Dated: November 16, 2017

DENTONS US LLP

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By

/s/ SONIA MARTIN
SONIA MARTIN
Attorneys for Defendant
AMCO INSURANCE COMPANY

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CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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ORDER
IT IS SO ORDERED.

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Dated: November 21, 2017.

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UNITED STATES DISTRICT JUDGE

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DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION

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EXHIBIT A

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CHAD LITTLE,
Plaintiffs,

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CONFIDENTIALITY AGREEMENT
v.

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Case No. 2:17-cv-00975-KJM-KJN

AMCO INSURANCE COMPANY, AND
DOES 1-20, inclusive,

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Defendants.

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I have read the Stipulation and Protective Order (“Protective Order”) concerning the

DENTONS US LLP
ONE MARKET PLAZA, SPEAR TOWER, 24TH FLOOR
SAN FRANCISCO, CA 94105
[phone]

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confidentiality of information in the above-captioned litigation. I understand that the Protective

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Order is a Court Order designed to preserve the confidentiality of certain designated documents

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and information contained therein. I also understand that the Protective Order restricts the use,

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disclosure and retention of such designated documents and information contained therein, and it

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also requires the safeguarding and destruction of the designated documents and other materials

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containing confidential information.
I agree to comply with all provisions of the Protective Order. I also hereby submit

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myself to the jurisdiction of the Court for the purpose of enforcement of any provision of the

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Protective Order.

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Dated:
[Signature]
[Name]
[Address]

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CASE NO. 2:17-CV-00975-KJM-KJN

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STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIAL INFORMATION