William Jeffrey Burnett et al v. Conseco Life Insurance Company et al

Filing 33

STIPULATION AND ORDER to File Under Seal Plaintiff's Motions to Compel and Supporting Documents signed by Chief Magistrate Judge Elizabeth D. Laporte on 06/6/14. (shyS, COURT STAFF) (Filed on 6/9/2014)

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STEPHEN A. WEISBROD (Pro Hac Vice)
AUGUST J. MATTEIS, JR. (Pro Hac Vice)
Weisbrod Matteis & Copley PLLC
1900 M Street NW, Suite 850
Washington, D.C. 20036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
IN RE CONSECO LIFE INSURANCE
COMPANY LIFETREND INSURANCE
SALES AND MARKETING LITIGATION,

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______________________________________ )
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WILLIAM JEFFREY BURNETT and JOE H.
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CAMP,
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Plaintiffs,
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v.
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CONSECO LIFE INSURANCE COMPANY,
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INC. an Indiana corporation,
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Defendant.
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CASE NO.: 3:10-md-2124 SI

Case No. 3:12-cv-05906-SI

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STIPULATION AND [PROPOSED]
ORDER TO FILE UNDER SEAL
PLAINTIFFS’ MOTIONS TO
COMPEL AND SUPPORTING
DOCUMENTS

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{00080688;v1}STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL
PLAINTIFFS’ MOTIONS TO COMPEL AND SUPPORTING DOCUMENTS

3:10-md-02124-SI

STIPULATION

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WHEREAS, on August 13, 2013, the Court entered a Stipulation and Order for the

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Protection and Exchange of Confidential Information (the “Stipulation and Order”) in this matter;

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WHEREAS, Plaintiffs, William Jeffrey Burnett and Joe H. Camp (“Plaintiffs”) have
moved the above-entitled Court for six orders compelling Defendant Conseco Life Insurance
Company, Inc. (“Conseco Life”) to provide further responses to Requests for Production and

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Interrogatories served on Conseco Life by Plaintiffs on November 27, 2013 (the “Requests for
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Production”) and produce responsive documents and information; and
WHEREAS, in support of their motions to compel, Plaintiffs have submitted the

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following documents to the Court that Conseco Life designated as “Confidential” under the

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Stipulation and Order and the following pages of Plaintiffs’ Notices of Motion and Motions to

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Compel contain information designated “Confidential” by Conseco Life (the “Designated
Materials”), and Conseco Life has identified the Designated Materials as “Confidential” due to

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their containing confidential business information or trade secrets:
1. Plaintiffs’ Notice of Motion and Motion to Compel Production of Information
Regarding Committees, Task Forces, and Other Groups: Pages 2-5 and 8-10
2. Plaintiffs’ Notice of Motion and Motion to Compel Production of Actuarial
Consultant Information: Pages 2-4 and 10-11

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3. Plaintiffs’ Notice of Motion and Motion to Compel Production of Information
Concerning Regulatory Negotiations: 3 and 8-9; and

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4. Omnibus Declaration of Stephen A. Weisbrod: Pages 5-8 and Exhibits F and K-N
thereto

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WHEREAS, the parties agree that good cause exists now for filing the Designated

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Materials under seal, although the parties reserve their rights to challenge the confidentiality of
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the Designated Materials in a future proceeding and/or at trial;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned
parties as follows:

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STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL
PLAINTIFFS’ MOTIONS TO COMPEL

3:10-md-02124-SI

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(1)

Plaintiffs may file the Designated Materials under seal until the final disposition of

this case, including any appeals;
(2)

At the conclusion of this litigation, after any appeals have been exhausted, the

Designated Materials shall be returned to the party that designated them as confidential; and
(3)

The clerk shall seal:
a. Plaintiffs’ Notice Of Motion And Motion To Compel Production Of
Information Regarding Committees, Task Forces, And Other Groups: Pages 25 and 8-10
b. Plaintiffs’ Notice Of Motion And Motion To Compel Production Of Actuarial
Consultant Information: Pages 2-4 and 10-11
c. Plaintiffs’ Notice Of Motion And Motion To Compel Production Of
Information Concerning Regulatory Negotiations: 3 and 8-9; and
d. Omnibus Declaration of Stephen A. Weisbrod: Pages 5-8 and Exhibits F and
K-N thereto

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March 10, 2014

Respectfully submitted,

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/s/ Stephen A. Weisbrod
Stephen A. Weisbrod (admitted pro hac vice)
August J. Matteis, Jr. (admitted pro hac vice)
WEISBROD MATTEIS & COPLEY PLLC
1900 M Street, NW, Suite 850
Washington, DC 20036
[e-mail]
[e-mail]
Telephone: [phone]
Facsimile: [phone]
Barbara L. Lyons (SBN #173548)
405 Primrose Road
Suite 202
Burlingame, CA 94010
[e-mail]
Tel.: [phone]

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/s/ John Aerni, by consent
John M. Aerni (pro hac vice)
Adam J. Kaiser (pro hac vice)

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STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL
PLAINTIFFS’ MOTIONS TO COMPEL

3:10-md-02124-SI

WINSTON & STRAWN LLP
200 Park Avenue
New York, New York 10166
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Counsel for Conseco

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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June 6,
Dated __________ 2014

_________________________
Hon. Elizabeth Laporte
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER TO FILE UNDER SEAL
PLAINTIFFS’ MOTIONS TO COMPEL

3:10-md-02124-SI