Wood et al v. Scottsdale Indemnity Company

Filing 47

ORDER Stipulated Protective Order/Confidentiality Agreement Re Production Of Defendant Scottsdale Indemnity Company's Documents in Response to Plaintiff Wood's Notice Of Taking Deposition And For Production Of Documents re 45 Stipulation, filed by Scottsdale Indemnity Company, 46 Amended Document, filed by Scottsdale Indemnity Company. Signed by Judge Nandor J. Vadas on 5/26/09. (glm, COURT STAFF) (Filed on 5/26/2009)

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LINDA WENDELL HSU (SBN 162971) SUNGJEE LEE (SBN 246860) SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorney for Defendant Scottsdale Indemnity Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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CLARENCE JONATHON WOOD and HEIDI COLLINGWOOD, Plaintiffs, v. SCOTTSDALE INDEMNITY CO.; and DOES 1 to 100, inclusive, Defendants.

CASE NO.

CV 08 3335 NJV

AMENDED STIPULATED PROTECTIVE ORDER/CONFIDENTIALITY AGREEMENT RE PRODUCTION OF DEFENDANT SCOTTSDALE INDEMNITY COMPANY'S DOCUMENTS IN RESPONSE TO PLAINTIFF WOOD'S NOTICE OF TAKING DEPOSITION AND FOR PRODUCTION OF DOCUMENTS

Plaintiffs Clarence Jonathon Wood and Heidi Collingwood ("Plaintiffs") and Scottsdale Indemnity Company ("Scottsdale") hereby stipulate that documents within Scottsdale's custody and control responsive to Plaintiffs' Notice of Taking Deposition of James Hardina are subject to the terms and conditions of this Protective Order and Confidentiality Agreement (hereinafter "Agreement"): /// 1

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RECITALS Plaintiff Heidi Collingwood sued Kimberly Holz

Lindstrom, Ralph L. Lindstrom and Pamela W. Lindstrom for the wrongful death of her daughter Kayla Wood. The action was

entitled Collingwood v. Lindstrom, et al., Humboldt County Superior Court, case number DR020419. 2. Plaintiff Clarence Jonathon Wood sued Kimberly Holz

Lindstrom, Ralph L. Lindstrom and Pamela W. Lindstrom for the wrongful death of his daughter Kayla Wood. The action was

entitled Wood v. Lindstrom, et al., Humboldt County Superior Court, case number DR020685. 3. The underlying actions brought by Plaintiffs were

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thereafter consolidated ("Underlying Action"). 4. Ralph L. Lindstrom and Pamela W. Lindstrom obtained

summary judgment in the Underlying Action and the action went forward against Kimberly Holz Lindstrom. 5. It is the understanding of the parties to this

Agreement that Plaintiffs' claims against Kimberly Holz Lindstrom were adjudicated through trial in the Underlying Action. 6. Following adjudication of Plaintiffs' claims against

Kimberly Holz Lindstrom, Plaintiffs sued Defendant Scottsdale in above-referenced action, Wood, et al. v. Scottsdale Indemnity Company, United States District Court, Northern District of California, Case Number CV 08 3335 NJV. 7. Plaintiffs seek damages for breach of contract and bad

faith arising out of the Scottsdale policy issued to named insureds Ralph L. and Pamela W. Lindstrom. 2 Plaintiffs contend

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that Kimberly Holz Lindstrom is an "insured" under the Scottsdale policy issued to named insureds Ralph L. and Pamela W. Lindstrom. 8. On April 14, 2009, Plaintiff Clarence Jonathon Wood

noticed the deposition of Scottsdale representative James Hardina. (See Attachment "A" hereto.) The deposition notice

includes a request for production of documents, including "[a]ny and all claims handling manuals used, referred to or relied upon by Scottsdale employees from the period of July 2004 to the present". 9. Based on the above Recitals, the parties to this

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Agreement hereby submit this Stipulated Protective Order and Confidentiality Agreement with request that this Court approve it. DEFINITIONS 10. When used in this Agreement, the terms "Party" and

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"Parties" refer to the Plaintiffs and Scottsdale. 11. When used in this Agreement, the term "Wood Action"

refers to the above-referenced action, Wood, et al. v. Scottsdale Indemnity Company, United States District Court, Northern District of California, Case Number CV 08 3335 NJV. 12. When used in this Agreement, the term "Documents"

refers to all non-privileged, non-protected documents within the custody and possession of Defendant Scottsdale which are responsive to Plaintiff Clarence Jonathon Wood's Notice of Taking Deposition of James Hardina and for the Production of Documents and will be produced in accordance with the terms of this Stipulated Protective Order and Confidentiality Agreement and 3

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approval of this Court.

The Parties understand and agree that

there are additional documents for which Scottsdale claims privilege or other protection which are not a part of this Agreement. TERMS & AGREEMENT 13. The Documents produced by Defendant Scottsdale pursuant

to this Agreement and Court Order approving this Agreement, shall be used only for the purpose of the prosecution, defense or settlement of this action and for no other purpose. 14. Documents produced pursuant to this Agreement and Court

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Order approving this Agreement, may be disclosed or made available only to the Court, to counsel for a Party, and to the "Qualified Persons" expressly designated below: A. A Party, or an officer, director, or employee of a Party deemed necessary by counsel to aid in the prosecution, defense or settlement of this Action; B. Experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense or settlement of this Action; C. D. Court reporter(s) employed in this Action; A witness at any deposition or other proceeding in this Action; and E. Any other person as to whom the parties in writing agree. 15. Before disclosing any matters identified herein to any

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"Qualified Persons" herein, counsel shall give such person a copy 4

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of this Agreement and Court Order approving this Agreement and shall obtain from them a signed written certification in the following form:

"I hereby acknowledge that I, [name], [position of employment], am about to receive confidential information supplied in connection with the litigation entitled Wood, et al. v. Scottsdale Indemnity Company, et al., United States District Court, Northern District of California, Case Number CV 08 3335 NJV. I certify

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my understanding that such information is to be provided to me pursuant to the terms and restrictions of the Agreement in this action, and that I have been given a copy, have read and understand the Agreement and agree to be bound by its terms. I understand that

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such information and any copies that I make of any documents as identified in that Agreement, or any notes or other records that may be made regarding any such matter, shall not be disclosed to any persons except as defined in the Agreement."

Each Party and each other Qualified Person that has agreed to be bound hereto by executing the above-written confirmation shall maintain a file containing the certification that said Party or said Qualified Person obtains pursuant to this Paragraph. 16. Nothing herein shall impose any restrictions on the use

or disclosure by a Party of materials obtained by such Party 5

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independent of discovery in this Action, whether or not such materials were also obtained through Defendant Scottsdale's production of documents in response to Plaintiff Clarence Jonathon Wood's Notice of Taking Deposition of James Hardina and for the Production of Documents, or from disclosing its own Confidential Material as it deems appropriate. 17. If any of the Documents obtained pursuant to this

Agreement and Court Order approving this Agreement are included in any papers to be filed in Court, such papers shall be labeled "CONFIDENTIAL ­ SUBJECT TO COURT ORDER" and filed under seal until further court order of this Court. 18. In the event that any Documents are used in any court

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proceeding in the Wood Action, such Documents or any of them shall not lose their confidential status through such use, and the Party using such shall take all reasonable steps to maintain their confidentiality during such use. 19. This Agreement and Court Order shall be without

prejudice to the rights of the Parties: (a) to bring before this Court at any time the question of whether any particular document or information is confidential or whether its use should be restricted; or (b) to present a motion to the Court for a separate protective order as to any particular document, including restrictions differing from those as specified herein. 20. This Agreement and Court Order is entered solely for

the purpose of facilitating the exchange of documents and information between the Parties to this Action without involving the Court unnecessarily in the process. 6 Nothing in this

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Agreement and Court Order nor the production of Documents under the terms of this Agreement and Court Order nor any proceeding pursuant to this Agreement and Court Order, shall be deemed to have the effect of any admission or waiver by any Party or of altering the confidentiality of the Documents or altering any existing obligation of any Party or the absence thereof. Parties specifically reserve the right to object to the admissibility and use of the Documents. 21. This Agreement and Court Order shall survive the final The

termination of this Action, to the extent that the Documents do not become known to the public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of such Documents disclosed hereunder. 22. Nothing in this Protective Order shall reduce the

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production afforded to other documents produced in and testimony and other information generated during the course of the Wood Action by any other protective order entered.

DATED: May 19, 2009

SELMAN BREITMAN LLP

By: /s/ Linda Wendell Hsu LINDA WENDELL HSU SUNGJEE LEE Attorneys for Defendant SCOTTSDALE INDEMNITY COMPANY

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DATED: May 19, 2009

THE LAW OFFICES OF DAVID DIBBLE

By:

/s/ David P. Dibble DAVID P. DIBBLE Attorney for Plaintiff CLARENCE JONATHON WOOD

DATED: May 19, 2009

THE LAW OFFICES OF ZACHARY ZWERDLING

By:

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/s/ Zachary E. Zwerdling ZACHARY E. ZWERDLING Attorney for Plaintiff HEIDI COLLINGWOOD

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 By: THE HONORABLE NANDOR J. VADAS United States Magistrate Judge IT IS SO ORDERED: DATED: May 26, 2009

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