Amey v. Standard Insurance Company et al

Filing 14

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/16/2018. (Zignago, K.)

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JORDAN S. ALTURA (SBN: 209431)
DANIEL S. KUBASAK (SBN: 222336)
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
THE STANDARD INSURANCE COMPANY

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MATTHEW R. SCHOECH (SBN 234774)
SCHOECH LAW GROUP, PC
4020 Lennane Drive, Ste. 102
Sacramento, California 95834
Telephone: [phone]
Facsimile: [phone]

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Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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JONATHAN A. SAUL (SBN 189271)
JONATHAN SAUL & ASSOCIATES
4020 Lennane Drive, Ste. 102
Sacramento, California 95834
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
STEPHANIE AMEY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHANIE M. AMEY,
Plaintiff,

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vs.
STANDARD INSURANCE COMPANY, an
Oregon Corporation, and DOES 1 through 30,
inclusive,
Defendants.

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CASE NO. 2:17-cv-02299-MCE-CKD
STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER
Judge: Hon. Morrison C. England
Courtroom: 7
1st Amended Complaint filed: 11/9/17
Trial Date: None

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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER;
CASE NO. 2:17-cv-02299-MCE-CKD

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1.

INTRODUCTION

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1.1

PURPOSES AND LIMITATIONS.

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Disclosure and discovery activity in this action are likely to involve production of
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confidential, proprietary, or private information for which special protection from public disclosure
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and from use for any purpose other than prosecuting this litigation would be warranted.
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Accordingly, the parties hereby jointly move the Court to enter the following Protective Order. The
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parties acknowledge that this Order does not confer blanket protections on all disclosures or
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responses to discovery and that the protection it affords extends only to the limited information or
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items that are entitled under the applicable legal principles to treatment as confidential. The parties
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further acknowledge, as set forth in Section 10, below, that this Stipulated Protective Order creates
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no entitlement to file confidential information under seal; and Local Rule 141 sets forth the
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275 Battery Street, Suite 2000
San Francisco, CA 94111

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procedures that must be followed when a party seeks permission from the court to file material under
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seal.
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1.2

GOOD CAUSE STATEMENT.

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This action is likely to involve confidential and/or private information of third parties, trade
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secrets and other valuable research, development, commercial, financial, technical and/or proprietary
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information for which special protection from public disclosure and from use for any purpose other
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than prosecution of this action is warranted.

Such confidential and proprietary materials and

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information consist of, among other things, confidential business or financial information,
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information regarding confidential business practices, or other confidential research, development,
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or commercial information (including information implicating privacy rights of third parties),
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information otherwise generally unavailable to the public, or which may be privileged or otherwise
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protected from disclosure under state or federal statutes, court rules, case decisions, or common law.
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Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over
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confidentiality of discovery materials, to adequately protect information the parties are entitled to
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keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material
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in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and
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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER;
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serve the ends of justice, a protective order for such information is justified in this matter. It is the
intent of the parties that information will not be designated as confidential for tactical reasons and
that nothing be so designated without a good faith belief that it has been maintained in a confidential,
non-public manner, and there is good cause why it should not be part of the public record of this
case.

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2.

DEFINITIONS

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2.1

Party: any party to this action, including all of its officers, directors, employees,

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consultants, retained experts, and outside counsel (and their support staff).
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2.2

Disclosure or Discovery Material: all items or information, regardless of the medium

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or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or
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tangible things) that are produced or generated in disclosures or responses to discovery in this
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matter.
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2.3

“Confidential” Information or Items: information (regardless of how generated, stored

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or maintained) or tangible things that qualify for protection under standards developed under Rule 26
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of the Federal Rules of Civil Procedure (“FRCP”).

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2.4
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“Highly Confidential — Attorneys’ Eyes Only” Information or Items: extremely

sensitive “Confidential Information or Items” whose disclosure to another Party or nonparty would

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create a substantial risk of serious injury that could not be avoided by less restrictive means.
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2.5

Receiving Party: a Party that receives Disclosure or Discovery Material from a

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Producing Party.
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2.6

Producing Party: a Party or non-party that produces Disclosure or Discovery Material

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in this action.
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2.7
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Designating Party: a Party or non-party that designates information or items that it

produces in disclosures or in responses to discovery as “Confidential” or “Highly Confidential —
Attorneys’ Eyes Only.”

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2.8
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Protected Material: any Disclosure or Discovery Material that is designated as

“Confidential” or as “Highly Confidential — Attorneys’ Eyes Only.”

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2.9

represent or advise a Party in this action.

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2.10

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2.12

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Expert: a person with specialized knowledge or experience in a matter pertinent to the

litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
consultant in this action and who is not a past or a current employee or of a competitor of a Party’s
and who, at the time of retention, is not anticipated to become an employee of a Party or a
competitor of a Party’s. This definition includes a professional jury or trial consultant retained in
connection with this litigation.

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Counsel (without qualifier): Outside Counsel and House Counsel (as well as their

support staffs).

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House Counsel: attorneys who are employees of a Party.

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Outside Counsel: attorneys who are not employees of a Party but who are retained to

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Professional Vendors: persons or entities that provide litigation support services (e.g.,

photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing,
retrieving data in any form or medium; etc.) and their employees and subcontractors.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected Material (as
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defined above), but also any information copied or extracted therefrom, as well as all copies,
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excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by
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parties or counsel to or in court or in other settings that might reveal Protected Material.
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4.

Even after the termination of this litigation, the confidentiality obligations imposed by this

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DURATION

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
otherwise directs.
5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or

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non-party that designates information or items for protection under this Order must take care to limit

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any such designation to specific material that qualifies under the appropriate standards.
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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER;
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275 Battery Street, Suite 2000
San Francisco, CA 94111

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Designating Party must take care to designate for protection only those parts of material, documents,
items, or oral or written communications that qualify — so that other portions of the material,
documents, items, or communications for which protection is not warranted are not swept
unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily
encumber or retard the case development process, or to impose unnecessary expenses and burdens
on other parties), expose the Designating Party to sanctions.
If it comes to a Party’s or a non-party’s attention that information or items that it designated
for protection do not qualify for protection at all, or do not qualify for the level of protection initially
asserted, that Party or non-party must promptly notify all other parties that it is withdrawing the
mistaken designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in this Order

(see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, material
that qualifies for protection under this Order must be clearly so designated before the material is
disclosed or produced.
Designation in conformity with this Order requires:
(a)

for information in documentary form (apart from transcripts of

depositions or other pretrial or trial proceedings), that the Producing Party affix the Legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” at the top or
bottom of each page that contains protected material. If only a portion or portions of the material on
a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s)
(e.g., by making appropriate markings in the margins) and must specify, for each portion, the level
of protection being asserted (either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL —
ATTORNEYS’ EYES ONLY”).
A Party or non-party that makes original documents or materials available for inspection
need not designate them for protection until after the inspecting Party has indicated which material it

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275 Battery Street, Suite 2000
San Francisco, CA 94111

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would like copied and produced. During the inspection and before the designation, all of the
material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL —
ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants
copied and produced, the Producing Party must determine which documents, or portions thereof,
qualify for protection under this Order, then, before producing the specified documents, the
Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL — ATTORNEYS’ EYES ONLY”) at the top or bottom of each page that contains
protected Material. If only a portion or portions of the material on a page qualifies for protection,
the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins) and must specify, for each portion, the level of protection being asserted
(either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”).
(b)

for testimony given in deposition or in other pretrial or trial

proceedings, that the Party or non-party offering or sponsoring the testimony identify on the record,
before the close of the deposition, hearing, or other proceeding, all protected testimony, and further
specify any portions of the testimony that qualify as “HIGHLY CONFIDENTIAL —
ATTORNEYS’ EYES ONLY.”

When it is impractical to identify separately each portion of

testimony that is entitled to protection, and when it appears that substantial portions of the testimony
may qualify for protection, the Party or non-party that sponsors, offers, or gives the testimony may
invoke on the record (before the deposition or proceeding is concluded) a right to have up to 20 days
after receipt of transcripts from the court reporter to identify the specific portions of the testimony as
to which protection is sought and to specify the level of protection being asserted
(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”). Only
those portions of the testimony that are appropriately designated for protection within the 20 days
shall be covered by the provisions of this Stipulated Protective Order.
Transcript pages containing Protected Material must be separately bound by the court
reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” as instructed by the Party or nonparty offering
or sponsoring the witness or presenting the testimony.

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(c)

for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the
container or containers in which the information or item is stored the legend “CONFIDENTIAL”
“HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” If only portions of the information
or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected
portions, specifying whether they qualify as “Confidential” or as “Highly Confidential — Attorneys’
Eyes Only.”

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275 Battery Street, Suite 2000
San Francisco, CA 94111

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for information produced in some form other than documentary, and

5.3

Inadvertent Failures to Designate.

If timely corrected, an inadvertent failure to

designate qualified information or items as “Confidential” or “Highly Confidential — Attorneys’
Eyes Only” does not, standing alone, waive the Designating Party’s right to secure protection under
this Order for such material. If material is appropriately designated as “Confidential” or “Highly
Confidential — Attorneys’ Eyes Only” after the material was initially produced, the Receiving
Party, on timely notification of the designation, must make reasonable efforts to assure that the
material is treated in accordance with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS.

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6.1

Timing of Challenges. Unless a prompt challenge to a Designating Party’s

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confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary
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economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive
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its right to challenge a confidentiality designation by electing not to mount a challenge promptly
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after the original designation is disclosed.
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6.2

Meet and Confer. A Party that elects to initiate a challenge to a Designating Party’s

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confidentiality designation must do so in good faith and must begin the process by conferring
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directly (in voice to voice dialogue; other forms of communication are not sufficient) with counsel
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for the Designating Party. In conferring, the challenging Party must explain the basis for its belief
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that the confidentiality designation was not proper and must give the Designating Party an
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opportunity to review the designated material, to reconsider the circumstances, and, if no change in
designation is offered, to explain the basis for the chosen designation. A challenging Party may
proceed to the next stage of the challenge process only if it has engaged in this meet and confer
process first.

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6.3

designation after considering the justification offered by the Designating Party may file and serve a
motion that identifies the challenged material and sets forth in detail the basis for the challenge.
Each such motion must be accompanied by a competent declaration that affirms that the movant has
complied with the meet and confer requirements imposed in the preceding paragraph and that sets
forth with specificity the justification for the confidentiality designation that was given by the
Designating Party in the meet and confer dialogue.

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Judicial Intervention. A Party that elects to press a challenge to a confidentiality

The burden of persuasion in any such challenge proceeding shall be on the Designating
Party. Until the court rules on the challenge, all parties shall continue to afford the material in
question the level of protection to which it is entitled under the Producing Party’s designation.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a non-party in connection with this case only for prosecuting,
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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
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the categories of persons and under the conditions described in this Order. When the litigation has
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been terminated, a Receiving Party must comply with the provisions of section 11, below (FINAL
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DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a location and in a
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secure manner that ensures that access is limited to the persons authorized under this Order.
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7.2

Disclosure of “CONFIDENTIAL” Information or Items.

Unless otherwise ordered

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by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
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information or item designated CONFIDENTIAL only to:
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(a)

employees of said Counsel to whom it is reasonably necessary to disclose the information for this
litigation and who have signed the “Agreement to Be Bound by Protective Order” that is attached
hereto as Exhibit A;

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(b)

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the “Agreement to Be Bound by Protective Order” (Exhibit A);
(c)

Protective Order” (Exhibit A);
(d)

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Protective Order” (Exhibit A);
(f)

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during their depositions, witnesses in the action to whom disclosure is

reasonably necessary and who have signed the “Agreement to Be Bound by Protective Order”
(Exhibit A).

Pages of transcribed deposition testimony or exhibits to depositions that reveal

Protected Material must be separately bound by the court reporter and may not be disclosed to
anyone except as permitted under this Stipulated Protective Order.

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court reporters, their staffs, and professional vendors to whom disclosure is

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by

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the Court and its personnel;

(e)

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experts (as defined in this Order) of the Receiving Party to whom disclosure is

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by

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the officers, directors, and employees (including House Counsel) of the

Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed

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the Receiving Party’s Outside Counsel of record in this action, as well as

(g)
7.3

the author of the document or the original source of the information.

Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”

Information or Items.

Unless otherwise ordered by the court or permitted in writing by the

Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
CONFIDENTIAL — ATTORNEYS’ EYES ONLY” only to:
(a)

the Receiving Party’s Outside Counsel of record in this action, as well as

employees of said Counsel to whom it is reasonably necessary to disclose the information for this

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litigation and who have signed the “Agreement to Be Bound by Protective Order” that is attached
hereto as Exhibit A;

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(b)

necessary for this litigation and who has signed the “Agreement to be Bound by Protective Order”
(Exhibit A);

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(c)

A);
(d)

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the Court and its personnel;

(e)

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Experts (as defined in this Order) to whom disclosure is reasonably necessary

for this litigation and who have signed the “Agreement to Be Bound by Protective Order” (Exhibit

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House Counsel of a Receiving Party to whom disclosure is reasonably

court reporters, their staffs, and professional vendors to whom disclosure is

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by
Protective Order” (Exhibit A); and

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(f)

the author of the document or the original source of the information.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION

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If a Receiving Party is served with a subpoena or an order issued in other litigation that

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would compel disclosure of any information or items designated in this action as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” the

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Receiving Party must so notify the Designating Party, in writing (by fax or electronic mail, if

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possible) immediately and in no event more than three court days after receiving the subpoena or

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order. Such notification must include a copy of the subpoena or court order. The Receiving Party

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also must immediately inform in writing the Party who caused the subpoena or order to issue in the

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other litigation that some or all the material covered by the subpoena or order is the subject of this

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Protective Order. In addition, the Receiving Party must deliver a copy of this Protective Order

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promptly to the Party in the other action that caused the subpoena or order to issue.

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The purpose of imposing these duties is to alert the interested parties to the existence of this

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Protective Order and to afford the Designating Party in this case an opportunity to try to protect its

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confidentiality interests in the court from which the subpoena or order issued. The Designating
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Party shall bear the burdens and the expenses of seeking protection in that court of its confidential
material — and nothing in these provisions should be construed as authorizing or encouraging a
Receiving Party in this action to disobey a lawful directive from another court.

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9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
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Material to any person or in any circumstance not authorized under this Protective Order, the
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Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
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disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the
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person or persons to whom unauthorized disclosures were made of all the terms of this Order; and
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(d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

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that is attached hereto as Exhibit A.
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10.

Documents

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FILING PROTECTED MATERIAL
designated

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL

—

ATTORNEYS’ EYES ONLY,” and all information contained therein or derived therefrom, may be
discussed or referred to in pleadings, motions, affidavits, briefs and other papers filed with the Court,
or attached as exhibits thereto, provided that such “confidential” documents and information, and
any portion of any paper filed with the Court that discusses or refers to them, are stamped
“confidential” and separately filed provisionally under seal with the Clerk of the Court. Applicable
law, including Civil Local Rule 79-5.1, govern the filing of documents under seal with the District
Court.
11.

FINAL DISPOSITION

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Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after

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the final termination of this action, each Receiving Party must return all Protected Material to the

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Producing Party. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

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compilations, summaries or any other form of reproducing or capturing any of the Protected

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Material. With permission in writing from the Designating Party, the Receiving Party may destroy

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some or all of the Protected Material instead of returning it. Whether the Protected Material is
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returned or destroyed, the Receiving Party must submit a written certification to the Producing Party
(and, if not the same person or entity, to the Designating Party) by the sixty day deadline that
identifies (by category, where appropriate) all the Protected Material that was returned or destroyed
and that affirms that the Receiving Party has not retained any copies, abstracts, compilations,
summaries or other forms of reproducing or capturing any of the Protected Material.

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Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney work product,
even if such materials contain Protected Material.

Any such archival copies that contain or

constitute Protected Material remain subject to this Protective Order as set forth in Section 4
(DURATION), above.

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12.

MISCELLANEOUS

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12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to seek

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its modification by the Court in the future.
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12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective Order

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no Party waives any right it otherwise would have to object to disclosing or producing any
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information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
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Party waives any right to object on any ground to use in evidence of any of the material covered by
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this Protective Order.
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IT IS SO STIPULATED.
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Dated: May 14, 2018

SCHOECH LAW GROUP, PC

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By /s/

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Matthew R. Schoech
Attorneys for Plaintiff
STEPHANIE M. AMEY

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Dated: May 14, 2018

GORDON & REES LLP

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By /s/
Jordan S. Altura
Daniel S. Kubasak
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Attorneys for Defendant
THE STANDARD INSURANCE COMPANY

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IT IS SO ORDERED, with the following amendments and clarifications:

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1. The parties shall comply with the provisions and procedures of Local Rules

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140 and 141 with respect to sealing or redaction requests. To the extent that

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the parties’ stipulation conflicts with the Local Rules, the Local Rules shall

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govern.

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2. Prior to filing any motion related to this stipulated protective order or other

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discovery motion, the parties shall first exhaust informal meet-and-confer

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efforts and otherwise comply with Local Rule 251.

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3. Nothing in this order limits the testimony of parties or non-parties, or the use

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of certain documents, at any court hearing or trial—such determinations will

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only be made by the court at the hearing or trial, or upon an appropriate

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motion.

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4. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over

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enforcement of the terms of this stipulated protective order after the action is

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terminated.

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Dated: May 16, 2018
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER;
CASE NO. 2:17-cv-02299-MCE-CKD

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EXHIBIT “A”

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

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I, _______________________, declare as follows:

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1.
2.

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Stephanie M. Amey v. Standard Insurance Company, United States District Court, Eastern District of
California, Case No. 2:17-cv-02299-MCE-CKD (MCEx) (“Protective Order”).
4.

Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

Protected Material that is disclosed to me in this case.
7.

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8.

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Upon request, I will return and deliver all Protected Material that comes into my

possession, and all documents or things that I have prepared relating thereto, to my counsel in this
action, or to counsel for the Party by whom I am employed or retained or from whom I received the
Protected Material.

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Subject to the terms of the Protective Order, I will use such information that is

disclosed to me only for purposes of this case.

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Subject to the terms of the Protective Order, I will hold in confidence, and will not

disclose to anyone not qualified under the Protective Order, any information contained in the

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I agree to comply with all the provisions of this Protective Order.

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I have carefully read this Protective Order and certify that I understand its provisions.

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My present occupation or job description is _______________________________.

I received a copy of the Confidentiality Agreement and Protective Order for the matter of

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My present employer is ________________________________.

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My address is ______________________________________.

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I hereby submit to the jurisdiction of this Court for the purpose of enforcing the

Protective Order in this case.
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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER;
CASE NO. 2:17-cv-02299-MCE-CKD

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

Executed this ______ day of _________, 20__, at

__________________________ [City], _______ [State].

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_____________________________

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Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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1104813/24570016v.1

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STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER;
CASE NO. 2:17-cv-02299-MCE-CKD