Providence Publications, LLC v. Interwest Ins. Services, LLC

Filing 22

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Jeremy D. Peterson on 02/06/24. (Licea Chavez, V)

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BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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David Harford (SBN 270696)
[e-mail]
Bryan Cave Leighton Paisner LLP
1920 Main Street, Suite 1000
Irvine, California 92614
Telephone: [phone]
Facsimile: [phone]
Timothy M. Reynolds (Admitted pro hac vice)
[e-mail]
Bryan Cave Leighton Paisner LLP
1801 13th Street, Suite 300
Boulder, CO 80302
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff PROVIDENCE PUBLICATIONS, LLC

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Mark S. Posard (SBN: 208790)
Susan B. Meyer (SBN: 204931)
Hannah Brown (SBN: 311158)
[e-mail]
[e-mail]
[e-mail]
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant INTERWEST INSURANCE SERVICES, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PROVIDENCE PUBLICATIONS, LLC, a
California limited liability company,

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[PROPOSED] STIPULATED
PROTECTIVE ORDER

Plaintiff,

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Case No. 2:23-cv-01943-DAD-JDP

v.
INTERWEST INSURANCE SERVICES,
LLC, a Delaware limited liability company;
and DOES 1-10, inclusive,
Defendants.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Providence

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Publications, LLC (“Plaintiff”) and Defendant Interwest Insurance Services, LLC (“Defendant”),

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through their respective undersigned counsel, that, during this action, all documents, information,

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tangible items, and testimony designated as Confidential by the producing party in the above

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matter be, and hereby are, subject to the following terms and conditions:

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1.

PURPOSES AND LIMITATIONS

BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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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

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disclosure and from use for any purpose other than litigating this case would be warranted.

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Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

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Protective Order. The parties acknowledge that this Order does not confer blanket protections on

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all disclosures or responses to discovery and that the protection it affords extends only to the

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limited information or items that are entitled under the applicable legal principles to treatment as

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confidential. The parties further acknowledge, as set forth in Section 10, below, that this

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Stipulated Protective Order creates no entitlement to file confidential information under seal;

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Local Rule 141 sets forth the procedures that must be followed and reflects the standards that will

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be applied when a party seeks permission from the court to file material under seal.

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

Disclosure or Discovery Material: All items or information, regardless

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

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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2.3

“Confidential” Information or Items: Information (regardless of how

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generated, stored, or maintained) or tangible things where, in the good faith belief of the

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Designating Party and its counsel, the unrestricted disclosure of such information could be

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potentially prejudicial to the business or operations of such party.

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2.4

Receiving Party: A Party that receives Disclosure or Discovery Material

from a Producing Party.

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BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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2.5

Producing Party: A Party or non-party that produces Disclosure or Discovery

Material in this action.
2.6

Designating Party: A Party or non-party that designates information or

items that it produces in disclosures or in responses to discovery as “Confidential.”

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2.7 Protected Material: Any Disclosure or Discovery Material that is designated as
“Confidential.”
2.8

Outside Counsel: Attorneys who are not employees of a Party but who

are retained to represent or advise a Party in this action.

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2.9

House Counsel: Attorneys who are employees of a Party.

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

support staffs).

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

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to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as

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a consultant in this action.

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2.12

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 of medium; etc.) and their employees and subcontractors.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected Material

(as defined above), but also (1) any information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected Material; and (3) any deposition
testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected
Material, other than during a court hearing or at trial.

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Any use of Protected Material during a court hearing or at trial shall be governed by the

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orders of the presiding judge. This Order does not govern the use of Protected Material during a

BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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court hearing or at trial.
4.

DURATION

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

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

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otherwise directs.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

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

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

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limit any such designation to specific material that qualifies under the appropriate standards. A

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Designating Party must take care to designate for protection only those parts of material,

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documents, items, or oral or written communications for which protection is warranted, so that

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other information and items are not swept unjustifiably within the ambit of this Order.

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Indiscriminate 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.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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If it comes to a Party’s or a non-party’s attention that information or items that it

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designated for protection do not qualify for protection at all, or do not qualify for the level of

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protection initially asserted, that Party or non-party must promptly notify all other parties that it is

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withdrawing the mistaken designation.

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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.

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BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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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” at the bottom of each page that contains protected material and/or, for native
files, in the file name of the electronic document.

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A Party or non-party that makes original documents or materials available for inspection

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need not designate them for protection until after the inspecting Party has indicated which

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material it would like copied and produced. During the inspection and before the designation, all

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of the material made available for inspection shall be deemed CONFIDENTIAL. After the

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inspecting Party has identified the documents it wants copied and produced, the Producing Party

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must determine which documents, or portions thereof, qualify for protection under this Order;

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then, before producing the specified documents, the Producing Party must affix the legend

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“CONFIDENTIAL” at the bottom of each page that contains Protected Material.

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(b)
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For testimony given in deposition, that Counsel, within twenty (30) days

after the final version of the transcript has been received by such Counsel, designate any portions
of the transcript which contain testimony concerning CONFIDENTIAL information. Upon

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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request of Counsel on the record (i.e., before the deposition is concluded), deposition testimony in

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its entirety shall be treated as CONFIDENTIAL until expiration of the 30-day designation period.

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(c)
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For information produced in some form other than documentary, and 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.”

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5.3

BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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Inadvertent Failures to Designate. If corrected within 30 (thirty) days

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after discovery of inadvertent failure, an inadvertent failure to designate qualified information or

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items as “Confidential” does not, standing alone, waive the Designating Party’s right to secure

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protection under this Order for such material. If material is appropriately designated as

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“Confidential” after the material was initially produced, the Receiving Party, on timely

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notification of the designation, must make reasonable efforts to assure that the material is treated

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in accordance with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

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any time that is consistent with the Court’s Scheduling Order.

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Timing of Challenges. Any Party may challenge a designation of confidentiality at

6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

process under Local Rule 251 et seq.

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6.3

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The burden of persuasion in any such challenge proceeding shall be on

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the Designating Party. Unless the Designating Party has waived or withdrawn the confidentiality

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designation, all Parties shall continue to afford the material in question the level of protection to

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which it is entitled under the Producing Party’s designation until the Court rules on the challenge.

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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 produced by another Party or by a non-party in connection with this case only for
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

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disclosed only to the categories of persons and under the conditions described in this Order.

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When the litigation has been terminated, a Receiving Party must comply with the provisions of

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section 11 below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location and
in a secure manner that ensures that access is limited to the persons authorized under this Order.

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BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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7.2

Disclosure of “CONFIDENTIAL” 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 CONFIDENTIAL only to:

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(a)
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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
litigation;

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(b)

Receiving Party to whom disclosure is reasonably necessary for this litigation;

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(c)
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the officers, directors, and employees (including in-house counsel) of the

Experts of the Receiving Party to whom disclosure is reasonably necessary

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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(d)

the Court and its personnel;

(e)

court reporters, their staffs, and Professional Vendors to whom disclosure

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is reasonably necessary 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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(f)

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

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reasonably necessary and who have signed the “Agreement to be Bound by Protective Order” that

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is attached hereto as Exhibit A; and,
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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(g)

the author of the Protected Material or the original source of the

information.
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,” the Receiving Party must so notify the Designating Party in writing (by e-

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mail, if possible) immediately and, in no event, more than three court days after receiving the

BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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

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The Receiving Party also must immediately inform in writing the Party who caused the
subpoena or order to issue in the other litigation that some or all the material covered by the
subpoena or order is the subject of this Protective Order. In addition, the Receiving Party must
deliver a copy of this Stipulated Protective Order 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

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

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protect its confidentiality interests in the court from which the subpoena or order issued. The

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Designating Party shall bear the burdens and the expenses of seeking protection in that court of its

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confidential material. Nothing in these provisions should be construed as authorizing or

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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 Stipulated Protective

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Order, the Receiving Party must immediately: (a) notify in writing the Designating Party of the

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unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c)
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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Order, and (d) request such person or persons to execute the “Agreement to be Bound by

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Protective Order” that is attached hereto as Exhibit A.

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10.

FILING PROTECTED MATERIAL

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Without written permission from the Designating Party or a court order secured after

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appropriate notice to all interested persons, a Party may not file in the public record in this action

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any Protected Material. A Party that seeks to file under seal any Protected Material must comply

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with Local Rule 141.

BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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FINAL DISPOSITION

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Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60)

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days after the final termination of this action, each Receiving Party must destroy or return all

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Protected Material to the Producing Party. As used in this subdivision, “all Protected Material”

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includes all copies, abstracts, compilations, summaries, or any other form of reproducing or

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capturing any of the Protected Material. The Receiving Party may at its election destroy some or

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all of the Protected Material instead of returning it. Whether the Protected Material is returned or

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destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if

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not the same person or entity, to the Designating Party) by the sixty (60) day deadline that

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identifies (by category, where appropriate) all the Protected Material that was returned or

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destroyed and that affirms that the Receiving Party has not retained any copies, abstracts,

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

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Material. Notwithstanding this provision, all Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, transcripts, legal memoranda, correspondence, or attorney work

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product even if such materials contain Protected Material. Any such archival copies that contain

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or constitute Protected Material remain subject to this Protective Order as set forth in Section 4

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(DURATION) above.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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RULE 502(d)
The production of privileged or work-product protected documents, electronically stored

information (“ESI”) or other information, whether inadvertent or otherwise, is not a waiver of the
privilege or protection from discovery in this case or in any other federal or state proceeding. This
Order shall be interpreted to provide the maximum protection allowed by Federal Rule of
Evidence 502(d).

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13. MISCELLANEOUS

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BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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13.1

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

seek its modification by the Court in the future.

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13.2

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

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Order, 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

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by this Protective Order.

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Respectfully submitted,

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Dated: January 26, 2024

Dated: January 26, 2024

/s/ David Harford

/s/ Hannah Brown

Bryan Cave Leighton Paisner LLP
David Harford
Tim Reynolds (pro hac vice)

Gordon Rees Scully Mansukhani, LLP
Mark S. Posard
Susan B. Meyer
Hannah Brown
Attorneys for Defendant

Attorneys for Plaintiff
IT IS SO ORDERED.

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Dated:

February 6, 2024
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PROVIDENCE PUBLICATIONS, LLC, a
California limited liability company,

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Case No. 2:23-cv-01943-DAD-JDP

Plaintiff,

EXHIBIT A TO STIPULATED
PROTECTIVE ORDER

v.
INTERWEST INSURANCE SERVICES,
LLC, a Delaware limited liability company;
and DOES 1-10, inclusive,

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Defendants.

BRYAN CAVE LEIGHTON PAISNER LLP
1290 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK 10104-3300

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AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER
I,

, acknowledge and declare that I have received a

copy of the Protective Order (“Order”) in Providence Publications, LLC v. Interwest Insurance
Services, LLC, Case No. 2:23-cv-01943, pending the United States District Court for the Eastern

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District of California. Having read and understood the terms of the Order, I agree to be bound

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by the terms of the Order and consent to the jurisdiction of said Court for the purpose of any

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proceeding to enforce the terms of the Order.

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Sign: ___________________________________________
Date: ___________________________________________

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Address: ___________________________________________