ILWU-PMA Welfare Plan Board of Trustees et al v. Connecticut General Life Insurance Company et al

Filing 68

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS by Hon. William Alsup granting 67 Stipulation.(whalc1, COURT STAFF) (Filed on 4/4/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ILWU-PMA WELFARE PLAN BOARD OF
TRUSTEES and ILWU-PMA WELFARE
PLAN,

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No. C 15-02965 WHA

Plaintiffs,

ORDER APPROVING
STIPULATED PROTECTIVE
ORDER SUBJECT TO
STATED CONDITIONS

v.
CONNECTICUT GENERAL LIFE
INSURANCE COMPANY, GREAT-WEST
LIFE & ANNUITY INSURANCE
COMPANY, and CAREWISE HEALTH,
INC. f/k/a Ships Health Management
Solutions, Inc.,

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Defendants.
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/

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The stipulated protective order submitted by the parties is hereby APPROVED, subject to
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the following conditions, including adherence to the Ninth Circuit’s strict caution against
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sealing orders (as set out below):
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1.

The parties must make a good-faith determination that any

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information designated “confidential” truly warrants protection under Rule 26(c)
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of the Federal Rules of Civil Procedure. Designations of material as
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“confidential” must be narrowly tailored to include only material for which there
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is good cause. A pattern of over-designation may lead to an order un-designating
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all or most materials on a wholesale basis.
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2.

In order to be treated as confidential, any materials filed with the

Court must be lodged with a request for filing under seal in compliance with Civil

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Local Rule 79-5. Please limit your requests for sealing to only those narrowly

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tailored portions of materials for which good cause to seal exists. Please include

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all other portions of your materials in the public file and clearly indicate therein

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where material has been redacted and sealed. Each filing requires an

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individualized sealing order; blanket prospective authorizations are no longer

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allowed by Civil Local Rule 79-5.

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3.

Chambers copies should include all material — both redacted and

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unredacted — so that chambers staff does not have to reassemble the whole brief

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or declaration. Although chambers copies should clearly designate which
portions are confidential, chambers copies with confidential materials will be

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For the Northern District of California

United States District Court

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handled like all other chambers copies of materials without special restriction, and

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will typically be recycled, not shredded.

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4.

In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006),

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the Ninth Circuit held that more than good cause, indeed, “compelling reasons”

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are required to seal documents used in dispositive motions, just as compelling

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reasons would be needed to justify a closure of a courtroom during trial.

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Otherwise, the Ninth Circuit held, public access to the work of the courts will be

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unduly compromised. Therefore, no request for a sealing order will be allowed

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on summary judgment motions (or other dispositive motions) unless the movant

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first shows a “compelling reason,” a substantially higher standard than “good

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cause.” This will be true regardless of any stipulation by the parties. Counsel are

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warned that most summary judgment motions and supporting material should be

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completely open to public view. Only social security numbers, names of

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juveniles, home addresses and phone numbers, and trade secrets of a compelling

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nature (like the recipe for Coca Cola, for example) will qualify. If the courtroom

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would not be closed for the information, nor should any summary judgment

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proceedings, which are, in effect, a substitute for trial. Motions in limine are also

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part of the trial and must likewise be laid bare absent compelling reasons. Please
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comply fully. Noncompliant submissions are liable to be stricken in

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their entirety.

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5.

Any confidential materials used openly in court hearings or trial

will not be treated in any special manner absent a further order.
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This order does not preclude any party from moving to

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undesignate information or documents that have been designated as confidential.

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The party seeking to designate material as confidential has the burden of

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establishing that the material is entitled to protection.

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7.

The Court will retain jurisdiction over disputes arising from the

proposed and stipulated protective order for only NINETY DAYS after final

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For the Northern District of California

United States District Court

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termination of the action.

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IT IS SO ORDERED.

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Dated: April 4, 2016.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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