Krumpotich v. Pioneer Life Insurance Company of Illinois et al

Filing 41

ORDER GRANTING Modified 40 Stipulated Protective Order. Signed by Judge Jeffrey S. White on December 21, 2009. (jswlc2, COURT STAFF) (Filed on 12/21/2009)

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Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page1 of 9 Glenii R. Kantor - SBN 122643 e-mail; jilcaritorfelkamorlawjiel Coriimotaahdl'ermHUVm e-mait; cshawdle^kiiitorlaw^Egt Brent^Dohaft Br-clim - SBN J489B e-tnaili M?reImi#,kantQrlaw,iief ICiWTOil* KAN lOR LLP 19839 Nordhoir Street Nortfaridfle, CA 91324 telephone: (818)886-2525 Pax;: (818)350-6272 Atiomevs for Plaintiff. CLAIMS M, KRUMPOliCH UNITED STATES DISTRICT COlMir NORTHERN DISTRICT OF CALIFORNIA CLAIRE M, KRUMPOTfCH, Plaintiff, VS. PIONEER LTFE INSURANCE COMPANY OF ILLINOIS; WASHINGTON NATIONAL HEALTH INSURANCE COMPANY AND CONSECO SKNIOR HPALTK INSURANCE COMPANY, Defendants, This Stipulated Protective Order is Iterehy eutcrod into betweon the parlies and tboir atttsmeys in. ibis aofioti. The purpose of this Stipulated Protective Order is to protect against discloswe of coafideitM asd/or proprietary information that is set forth below. This is an action brought by an Insured against an msaxer arising from the denial of a elaiat for hBttcOis tutdcr an msttrmiec policy, PkinUlT Claire Kiumpotioh is seeking documents which m-e private, confidential and trade secret as <fefinert under Califortiia .Civil..Cfidc §3426,1»which definition is ittcorporated herein hy refcrenye, Stipulated Pcpteetive Order 1 ) ] CASE NO; C 09*00335 JSW STIPULATED mOIlIClWE ORDER 1 ) ) ) 1 Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page2 of 9 9 10 1 1 12 13 14 l| 16 17 Tlio partits hereby stipulate to the following proteetive order: 1, The following procedures shall be einpioy«d aad the following terms, conditions and restriction? shall govern withrespectto documents produced by defendants whiah conlains infotmatioft which is private, confidential and trade secret as defiaed under Califomia Civil Codj^ f 3426vl, including ail writings and jnfoftnation contained therein, (as broadly defined in Federal Rules of Evidence, Mole 1001) and all deposition testimony, deposition exhibits, inton.ogatories, dociunents requests, and admissions (the '"Diseowy Material"), 2« The parties agree that persons employed by the United States District Courts in California have no duty to the parties to protect o? maintain the alleged eonfidenfiality of any mfonoation hi aay papersfiledwith die Court. 1» All Discovery Material, whMi a producing party or produeiog third party boheves m good faith to be and is, in fact, entitled to protectionfrompubhe disclosure under goyerning, laWj shall be designated m "CONFIDENTIAL" at the time of production (hereinafter "Confidential Matei ial*") exeepi m othei wise pro\ ided hetein, Discovery Materia! may be designated m Confidential Materiil as A· 4. 18 follows; 19 Doeuaients shall be desigimted as eonfideaitial by being stamped or marked CONFIDBNTIAI,, Multi-paged documents can be 20 31 designated CONFIDENTIAL by stamping or marking the first page only of such doeiunent B, Depositions may be designated CONFIDENTIAL by stamping or nmktn« the faee sheet of the transcript (or tnarking on a I* 25 videotape) accordingly, 26 5, If any party desires to tile any Confidential Materials with the Court, the 27 party ntnst' 28 Stlputed Proieeuve Oidsr Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page3 of 9 A> Pile and serve art Admin is trative Motion to File under Seal, in confoouance with Northern Dktriet Local Rule 7-1 i, 79-5 accompanied by a deckralloti establishing that the entire docameat is sealable; B. C. Lodge with the Clerk and serve a proposed order sealing the document: Lodge wilh the Clerk and sen«'e the entire docttmera, contained in an & l/i by 11 tueh sealed envelope or other suitable sealed eontainoij with a oovor sheet affixed to the envelope or container, setting out the mfermatkm required by Civil hM, 3-4(a) aod (bi and prominently displaying the notation: ''DOCUMENT SUBMITTED UNDER SEAL"; D. Lodge with the Cleric for delivery to the Judge's chambers a seeond copy of the entire document, in an identical labeled envelope or eontamer, R. if only a portion of a document is scalable^ cottmcl seeking TO tile that portion of the doeoment under seal must eomply with Paragraphi? 5 Aj B and C above and must additionally; (i) identify die sealable portions of the dmnnera by notahons orfai§hligfatmgthe text In the sealed envelopes delivered to the Clerk and the Court's ehambers, and (ii) Lodge with the CleiL end ^eive a redaeted veision of the doeyroent that can be filed in the public rocoid if the Court grants the sealing order, 6, Notwithstanding the above, if any pat ty objects to the designation of any documents or discovery materials as being "Coniideitlifd Material^' said party will give written notice of the same to designating party. If the parties are unable to resolve their differences a^ to whether the* documents oi discovery materials should Stipulated Pfotectivo tiider Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page4 of 9 be designated m "Confidential Material," snbjeei to this protective ordeis the matter will be submitted to the assigned Magistrate for resolution in aeeordancc with Rule 37. 7, Confidential Material, the information contained thetein, and any summaries, copies^ or abbtracts of that informalton shall not be disclosed for any pmpose other than the prosecution, defense, or settlement of this action and jjhall not be disclosed of made available to anyone other than "qualified persons" a^ defined below, 8, 10 u 12 13 14 15 16 17 It 19 20 ^Qualified persons" are: A, the Court, hteladlftg judicial employees and othet neoessaty persoraiel such as court eeporters; B, the parties; C jurors at trial; D, trial witnesses or dcpoueirts, their attorneys, if any; E. court reporters, transcribersj notary pnblics, or stenogTaphcrb.; f, the attorneys of reoordfora party, any attorneys of record for a party, any attorney of a lawfirmdesignated as attorneys of record for a party? in-honse attorneys of a party, and the necessary paralegal, elerieal, and secretarial staff employed by such cotm&el G, in this action; designated experts and/or consultants retained by any pai t « and/or > their counsel solely for the pw^ose of discovery in this litigation. or assisting in the preparation of this litigation for trial; expert witnesses* at any deposition or othei hearittg m this action; aoy authors oi identified original recipients of the Confidential Material: and 55 24 2? H, L 28 Stipulated Pmleedve Older 4 Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page5 of 9 J. 31 4 9, any other per&ons as to whom the parties in writing agree, or as may be designated hy order of the Court after reasonable notice to the parties, Only the attorneys of record for the parties in the above- captioned 5 lawsuit may authorize copies to be made of the Confidential Matei tab All Qualified 6 persons bhall be subject to this order enjoining them from diselosiag the Confidential ? Matetial to any person, except in eorfomity with this Order, 10< 10 obtained, U tL A witnesses, including expert witnesses, and/or consultants to whom a M 12 party desires to diselose Contidenfial Material., other than authors or identified 13 · original recipients, must sign the document, in the fotm of Bxhibtt '"A" attached 4 hereto, prior to the disclosure of Confidential Material to such person. At the ^ conclusion of the ease* oonnsel for all parties shall provide opposm^ counsel copies H. of all CiMifitientialify Agreements executed pursuant to this Qrcier^ except for 17 undisclosed cumultantis, 18 Under no eireumstanees shall any party provide the Confiderttlal Matter 9 I to any competitor of defendant, unless tire defendant's written authorization is first 12 In the event that Confidential Material are used in any court pi occcding in this action, other than trial, they bhall not h»e their confidential status through vuch m^ and the parties will cooperate in taking i^asortable steps to protect iheir 2! * confidentiality during such u&e. This Order shall not be deemed a waiver of any 22 party's light to object to the pimloetiorts disclosure or admissibility of Confidential 211 Mateiial or the taking of 3ny testimony or other cvidenoe on any basis othet than their 241 confidential status pursuant to this Ordci. 25 13, This Order shall continue to be binding after the conclusion of this 26 litigation. However a patty may ^eck wrilten permission of the opposing parties or 27 i urrher order of die Court with respect to dissolution or modification of this Order at 2Bflany tinie, Slipulated Protsclivc Order Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page6 of 9 14, Within thirty (30) days after conclusion of this case, counsel shall assemble and return to the other counsel all copies of Confidential Material in their possession and in the possession of any person to whom they have disseminated Confidential Material, moluding undisclosed consultants, or may destroy them, Counsel of record for a party returning or destroying Confidential Material will verify that same has been accomplished and will verify that no other such Confidential 7 Material exists in the custody, control or possession of that parly, its counsel, its 8 agents or any consultants, whether or not disclosed. Counsel may retain copies of briefs filed with the Court and attorney work product so long as maintamed in 10 aecordanec with this Order, 11 15, All doeunteuts marked "CONFIDRNTTAL" will be treated as 12 Confidential Material until a court orders or the parties agree otherwise, 1*3 16. Nothing in the foregoing provisions of this Order shall: A, limit any party m the introduction of Confidential Material into evidence, subject to the designating party's right to seek protection from the court; B, prevent a party from objecting to discovery which it believes to be impropei; or 14 15 16 limit any party's disclosure or use of Confidential Material that 20 were produced by that party, 21 D, eonstimto an admission by a party that material designated 22 confideohal by another party* is, in fact, confidential or limit a 23 party's right to assert such materials are not confidential, 24 17. Any Confidential Material that was at is inadvertently produced without a ^CONFroBNTIAL1" stamp on it or that was previously produced in anlieipation of 2(S the entry of this Protective Orders maybe designated as confidential by a writing to 27 the receiving party that identifies the documents intended to be confidential, 19 2s C, Stipulaisd Proicciive Order 6 Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page7 of 9 I 18, If any party h served with a subpoena to produce Confidential Material, 2 or ordered by the Court to do so, the party shall give immediate wrilten notice to the 3 non-subpoenaed party to allow the non-subpoenaed party to seek protection by tbe 4 Cotnt or appointed discovery referee, 19* The parties and all third parties subject to discovery in this action or who receive a copy of this Order, hereby consent to the jurisdiction of this Court for the purpose of enforcemcttt of the provisions of this Order with respect to this action, ami the Court hereby retains jurisdiction to interpret and enforce this Order under the laws of the Uuiteci States of America, Confidential Material may be shown to trial 10 witnesses and their attorneys. If any, at trial, whether or not counsel hasfirstobtained 11 an agreement wilh the trial witness or his or her attorney(s) to hold Such material 12 confidential, as such trial witnesses shall be bound by this Order, B 2Cb The parties and their respective attorneys are in agreement concerning 14 the above terms of this Stipulated Protective Order as acknowledged hereafter by the 15 signatures of the attorneys for the parties, and have requested the Court to enter this KANTOR & KANTOR, LLP By:_ "TXJinWNEl'BAMJCBir""TM \ttoraeys for Plaintiff, Claire Krumpotich DATBDI l^f ^ C LAW OPFlCMf^mmC J. WOD1N 16 Stipulated Protective Order, 1? DATffDi <34|*lo<] 18 19 20 21 22 23 24 25 20 21 2& Bf: 4*" fff / y //MMeXWOTJIW' Attorfeyf;fef Defendants 'Pioneer Life InsrfanC'e Company of Illinois; Washineton National Health Insurance Company aoo Conseco Senior Health Jnsuranee Company Stipulated Protective Order 7 Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page8 of 9 QEMM Upon due consideration of the Stipulated Protective Order, IT IS HEREBY ADOPTED AS ORDER OF THIS COURT. DATED:December 21, 2009 _ Horn Jefffly'ErWlili"U.S. District Court: Judce __ ,, Stipulated Piotectlve Ortor 8 Case3:09-cv-00335-JSW Document40 Filed12/21/09 Page9 of 9 3 4 5 6 Glenn R. Kantor-SBN 122643 e-mail" gkantotgdcantortay .net CorinneT'handleF- SBN 111523 e-mail; cchancpertffkantoriaw.ttet Breni Dorian Brelihi'- SBN 24W-M e-maih bbrehmtglkaiitorto .net KANTOR & KANTOR LLP '' 19839 Mordhoff Street Not ihridge, CA 91324 Telephorie; (81$>S86-2S25 Pax: iU 8) 350-6272 Attorneys for Plaintiff, CLAIRE M. RMJMPOTIC1I UNITED STATES DISTRICT COURT NORIHERN DISTRICT OP CALIKORNli1 CLAIRE M KRUMPOTICH, CASE NO. C 09-00335 JSW CONflOENTlALJTY AGREEMENT Assigned to the Hon, Jeffrey S White 53 Plamtift; VS. PlONLfeR LIPP; INSURANCE 14 li WASHINGTON N A H O N A L 1? HUALTHINSURAMCB COMPANY AND CONSECO SENIOR HEALTH IS INSURANCE COMPANY, m 20 16 COMPANY OF ILLINOIS" Defendants.1 above-referenced tnatter on do hereby acknowledge that I read,, understand , a ropy of which is attached hereto _, 2008. 2i ; and agree to be bound by the leans of die Stipulated Protective Order entered in the 74 25 Done this fhe^,__._ day of iwftmMS) EXHIBIT A

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