Westport Insurance Corporation v. Vasquez, Estrada and Conway LLP et al

Filing 67

STIPULATED PROTECTIVE ORDER re 66 Stipulation, filed by Westport Insurance Corporation, Swiss Re America Holding Corporation, Swiss Re Corporate Solutions Americas Holding Corporiation, SR Corporate America Holding Corporation. Signed by Judge Jon S. Tigar on May 31, 2016. (wsn, COURT STAFF) (Filed on 5/31/2016)

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1 MANATT, PHELPS & PHILLIPS, LLP CRAIG J. DE RECAT (BarNo. CA 105567) 2 E-mail: cderecatcmmanatt.com MATTHEWP. KANNY (BarNo. CA 167118) 3 E:mail: mkannycmmanatt.com KATRINA DELl\ CRUZ (Bar No. CA 293398) 4 E:mail: kdelacruz@manatt.com 11355 West Olympic Boulevard 5 Los Angeles, CA 90064-1614 Tele_phone: (31 0) 312-4000 6 Facsimile: (31 0) 312-4224 7 Attorneys for Plaintiff and Counter Defendants WESTPORT INSURANCE CORPORATION and 8 SR CORPORATE SOLUTIONS AMERICA HOLDING CORPORATION, erroneously sued as 9 SWISS RE CORPORATE SOLUTIONS AMERICAS HOLDING CORPORATION 10 KLINEDINST, PC 11 HEATHER L. ROSING (SBN 183986) FRANK C. OLAH (SBN 247843) 12 MICHAEL L. MARTUCCI (SBN 279623) 777 S. Figueroa St., Suite 2800 13 Los Angeles, CA 90017 Tele_phone: (213) 406-1100 14 Facsimile: (213) 406-1101 Email: hrosin__g@klinedinstlaw.com 15 Email: fo lah(fgklinedinstlaw. com Email: mmartucci@klinedinstlaw.com 16 Attorneys for Defendant 17 VASQUEZ ESTRADA & CONWAY LLP 18 19 20 21 22 23 24 DONALD W. CARLSON (Bar No.: 79258) ROBERT M. PETERSON (BarNo.: 100084) ERICK. IWASAKI (BarNo.: 256664) CARLSON, CALLADINE & PETERSON LLP 353 Sacramento Street, 16th Floor San Francisco, CA 94111 Telephone: (415) 391-3911 Facsimile: (415) 391-3898 Email: dcarlson@ccplaw.com Email: rpeterson@ccplaw.com Email: eiwasaki@ccplaw .com 25 26 27 Attorneys for Counter-claimants VASQUEZ ESTRADA & CONWAY LLP, MICHAEL A.VASQUEZ, MICHAEL J. ESTRADA AND PATRICIA KANTOR CONWAY 28 MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW LOS ANGELES STIPULATED PROTECTIVE ORDER 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA- SAN FRANCISCO 3 4 WESTPORT INSURANCE CORPORATION, A MISSOURI CORPORATION, 5 7 8 9 10 11 v. VASQUEZ ESTRADA & CONWAY LLP AND DOES 1-10, Defendants. VASQUEZ ESTRADA & CONWAY LLP, MICHAEL A. VASQUEZ, MICHAEL J. ESTRADA AND PATRICIA KANTOR CONWAY, Counter-claimants, 12 v. 13 14 15 16 17 18 Assigned to: Hon. Jon S. Tigar STIPULATED PROTECTIVE ORDER Plaintiff, 6 Case No. 3:15-cv-05789-JST WESTPORT INSURANCE CORPORATION, A MISSOURI CORPORATION, SWISS RE CORPORATE SOLUTIONS AMERICAS HOLDING CORPORATION,ADELAWARE CORPORATION, AND DOES 1-10, Counter-defendants. ~--------~~~~~~~~--L-------------------------~ Plaintiff and Counter-Defendants, Westport Insurance Corporation and SR 19 20 Corporate Solutions America Holding Corporation, erroneously sued as Swiss Re Corporate Solutions Americas Holding Corporation (collectively referred to here as 21 22 "Westport") and Defendant and Counter-Claimant, Vasquez Estrada & Conway LLP, Michael A. Vasquez, Michael J. Estrada and Patricia Kantor Conway (collectively 23 refenĀ·ed to here as "Vasquez") (together, the "parties"), by and through their respective 24 counsel of record, hereby stipulate and agree as follows: 25 26 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 27 28 confidential, proprietary, or private information for which special protection from public MANATT, PHELPS & PHILLII'S, LLP ATTORNEYS AT LAW Los ANGELES STIPULATED PROTECTIVE ORDER 1 disclosure and from use for any purpose other than prosecuting this litigation may be 2 warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the 3 following Stipulated Protective Order. The parties acknowledge that this Order does not 4 confer blanket protections on all disclosures or responses to discovery and that the 5 protection it affords from public disclosure and use extends only to the limited 6 information or items that are entitled to confidential treatment under the applicable legal 7 principles. The parties further acknowledge, as set forth in Section 12.3, below, that this 8 Stipulated Protective Order does not entitle them to file confidential information under 9 seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the 10 standards that will be applied when a party seeks permission from the court to file 11 material under seal. 12 2. 13 14 15 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 "CONFIDENTIAL" Information or Items: information (regardless ofhow 16 it is generated, stored or maintained) or tangible things that qualify for protection under 17 Federal Rule of Civil Procedure 26(c). 18 19 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or 21 items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL- 22 SUBJECT TO PROTECTIVE ORDER." 23 2.5 Disclosure or Discovery Material: all items or information, regardless of the 24 medium or manner in which it is generated, stored, or maintained (including, among other 25 things, testimony, transcripts, and tangible things), that are produced or generated in 26 disclosures or responses to discovery in this matter. 27 28 MANATT, PHELPS & PHILLIPS, LLP ATTORNI!YS AT LAW los ANGELES STIPULATED PROTECTIVE ORDER 1 2.6 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as an 3 expert witness or as a consultant in this action. 4 5 2.7 House Counsel does not include Outside Counsel of Record or any other outside counsel. 6 7 House Counsel: attorneys who are employees of a party to this action. 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 8 2.9 Outside Counsel of Record: attorneys who are not employees of a party to 9 this action but are retained to represent or advise a party to this action and have appeared 10 in this action on behalf of that party or are affiliated with a law firm which has appeared 11 on behalf of that party. 12 2.10 Party: any party to this action, including all of its officers, directors, 13 employees, consultants, retained experts, and Outside Counsel of Record (and their 14 support staffs). 15 16 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 17 2.12 Professional Vendors: persons or entities that provide litigation support 18 services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or medium) and 20 their employees and subcontractors. 21 22 2.13 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER." 23 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 24 from a Producing Party. 25 3. 26 SCOPE 3.1 The protections conferred by this Stipulation and Order cover notĀ· only 27 Protected Material (as defined above), but also (1) any information copied or extracted 28 from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW LOS ANGELES STIPULATED PROTECTIVE ORDER 1 Material; and (3) any testimony, conversations, or presentations by Parties or their 2 Counsel that might reveal Protected Material. 3 3.2 However, the protections conferred by this Stipulation and Order do not cover 4 the following information: (a) any information that is in the public domain at the time of 5 disclosure to a Receiving Party or becomes part of the public domain after its disclosure to 6 a Receiving Party as a result of publication not involving a violation of this Order, 7 including becoming part of the public record through trial or otherwise; and (b) any 8 information known to the Receiving Party prior to the disclosure or obtained by the 9 Receiving Party after the disclosure from a source who obtained the information lawfully 10 and under no obligation of confidentiality to the Designating Party. 11 3.3 Any use of Protected Material at trial shall be governed by a separate 12 agreement or order. 13 4. DURATION 14 Even after final disposition of this litigation, the confidentiality obligations 15 imposed by this Order shall remain in effect until a Designating Party agrees otherwise in 16 writing or a court order otherwise directs. Final disposition shall be deemed to be the later 17 of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) 18 final judgment herein after the completion and exhaustion of all appeals, rehearings, 19 remands, trials, or reviews of this action, including the time limits for filing any motions 20 or applications for extension of time pursuant to applicable law. 21 5. 22 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 23 Party or Non-Party that designates information or items for protection under this Order 24 must take care to limit any such designation to specific material that qualifies under the 25 appropriate standards. The Designating Party must designate for protection only those 26 parts of material, documents, items, or oral or written communications that qualify- so 27 that other portions of the material, documents, items, or communications for which 28 protection is not warranted are not swept unjustifiably within the ambit of this Order. MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW Los ANGELES STIPULATED PROTECTIVE ORDER 1 Mass, indiscriminate, or routinized designations are prohibited. Designations that 2 are shown to be clearly unjustified or that have been made for an improper purpose (e.g., 3 to unnecessarily encumber or retard the case development process or to impose 4 unnecessary expenses and burdens on other parties) expose the Designating Party to 5 sanctions. 6 If it comes to a Designating Party's attention that information or items that it 7 designated for protection do not qualify for protection, then that Designating Party must 8 promptly notify all other Parties that it is withdrawing the mistaken designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this 10 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 11 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 12 must be clearly so designated before the material is disclosed or produced. 13 Designation in conformity with this Order requires: (a) 14 for information in documentary form (e.g., paper or electronic 15 documents, but excluding transcripts of depositions or other pretrial or trial proceedings), 16 that the Producing Party affix the legend "CONFIDENTIAL- SUBJECT TO 17 PROTECTIVE ORDER" to each page that contains protected material. If only a portion 18 or portions of the material on a page qualifies for protection, the Producing Party also 19 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 20 margins). 21 A Party or Non-Party that makes original documents or materials available for 22 inspection need not designate them for protection until after the inspecting Party has 23 indicated which material it would like copied and produced. During the inspection and 24 before the designation, all of the material made available for inspection shall be deemed 25 "CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER." After the inspecting Party 26 has identified the documents it wants copied and produced, the Producing Party must 27 determine which documents, or portions thereof, qualify for protection under this Order. 28 Then, before producing the specified documents, the Producing Party must affix the MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW los ANGELES STIPULATED PROTECTIVE ORDER 1 "CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER" legend to each page that 2 contains Protected Material. If only a portion or portions of the material on a page 3 qualifies for protection, the Producing Party also must clearly identify the protected 4 portion(s) (e.g., by making appropriate markings in the margins). 5 (b) for testimony given in deposition or in other pretrial or trial 6 proceedings, the Producing Party may identify on the record, before the close of the 7 deposition, hearing, or other proceeding, all protected testimony. However, each 8 transcript of testimony shall be considered Protected Material under this Order for thirty 9 (30) days after receipt of the transcript by the Producing Party to permit the Producing 10 Party to review the transcript and designate any information disclosed therein as Protected 11 Material. Thereafter, the transcript will no longer be deemed Protected Material for 12 purposes of this Order, except to the extent so designated when the testimony was given 13 or in a written notice transmitted to all parties within such period of thirty (30) days. 14 Where any portion of a transcript is designated as Protected Material, the Designating 15 Party shall, where practicable, inform the reporter precisely which portions of the 16 transcript should be marked accordingly. (c) 17 for information produced in some form other than documentary and 18 for any other tangible items, that the Producing Party affix in a prominent place on the 19 exterior of the container or containers in which the information or item is stored the 20 legend "CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER." If only a portion or 21 portions of the information or item warrant protection, the Producing Party, to the extent 22 practicable, shall identify the protected portion(s). 23 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 24 to designate qualified information or items does not, standing alone, waive the 25 Designating Party's right to secure protection under this Order for such material. Upon 26 timely correction of a designation, the Receiving Party must make reasonable efforts to 27 ensure that all inadvertently disclosed information is subsequently treated in accordance 28 with the provisions of this Order. MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW LOS ANGELES STIPULATED PROTECTIVE ORDER 1 2 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 3 of confidentiality at any time. Unless a prompt challenge to a Designating Party's 4 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 5 unnecessary economic burdens, or a significant disruption or delay of the litigation, a 6 Party does not waive its right to challenge a confidentiality designation by electing not to 7 mount a challenge promptly after the original designation is disclosed. 8 9 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing 10 the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, 11 the written notice must recite that the challenge to confidentiality is being made in 12 accordance with this specific paragraph of the Protective Order. The parties shall attempt 13 to resolve each challenge in good faith and must begin the process by conferring directly 14 (in voice to voice dialogue; other forms of communication are not sufficient) within 14 15 days of the date of service of notice. In conferring, the Challenging Party must explain the 16 basis for its belief that the confidentiality designation was not proper and must give the 17 Designating Party an opportunity to review the designated material, to reconsider the 18 circumstances, and, if no change in designation is offered, to explain the basis for the 19 chosen designation. A Challenging Party may proceed to the next stage of the challenge 20 process only if it has engaged in this meet and confer process first or establishes that the 21 Designating Party is unwilling to participate in the meet and confer process in a timely 22 manner. 23 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 24 intervention, the Designating Party shall file and serve a motion to retain confidentiality 25 under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) 26 within 21 days of the initial notice of challenge or within 14 days of the parties agreeing 27 that the meet and confer process will not resolve their dispute, whichever is earlier. Each 28 such motion must be accompanied by a competent declaration affirming that the movant MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW Los ANCP.t.ES STIPULATED PROTECTIVE ORDER 1 has complied with the meet and confer requirements imposed in the preceding paragraph. 2 Failure by the Designating Party to make such a motion including the required declaration 3 within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality 4 designation for each challenged designation. In addition, the Challenging Party may file a 5 motion challenging a confidentiality designation at any time if there is good cause for 6 doing so, including a challenge to the designation of a deposition transcript or any 7 portions thereof. Any motion brought pursuant to this provision must be accompanied by 8 a competent declaration affirming that the movant has complied with the meet and confer 9 requirements imposed by the preceding paragraph. 10 The burden of persuasion in any such challenge proceeding shall be on the 11 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 12 harass or impose unnecessary expenses and burdens on other parties) may expose the 13 Challenging Party to sanctions. Unless the Designating Party has waived the 14 confidentiality designation by failing to file a motion to retain confidentiality as described 15 above, all parties shall continue to afford the material in question the level of protection to 16 which it is entitled under the Producing Party's designation until the court rules on the 17 challenge. 18 7. 19 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 20 disclosed or produced by another Party or by a Non-Party in connection with this case 21 only for prosecuting, defending, or attempting to settle this litigation. Such Protected 22 Material may be disclosed only to the categories of persons and under the conditions 23 described in this Order. When the litigation has been terminated, a Receiving Party must 24 comply with the provisions of section 13 below (FINAL DISPOSITION). 25 Protected Material must be stored and maintained by a Receiving Party at a 26 location and in a secure manner that ensures that access is limited to the persons 27 authorized under this Order. 28 MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW Los ANGELES STIPULATED PROTECTIVE ORDER 1 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise 2 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 3 may disclose any information or item designated "CONFIDENTIAL- SUBJECT TO 4 PROTECTIVE ORDER" only to: 5 (a) the Receiving Party's Outside Counsel of Record in this action, as 6 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 7 to disclose the information for this litigation; 8 9 10 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 11 (c) Experts (as defined in this Order) of the Receiving Party to whom 12 disclosure is reasonably necessary for this litigation and who have signed the 13 "Acknowledgment and Agreement to Be Bound" (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff, professional jury or trial consultants, 16 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for 17 this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" 18 (Exhibit A); 19 (f) during their depositions, witnesses in the action to whom disclosure 20 is reasonably necessary and who have signed the "Acknowledgment and Agreement to Be 21 Bound" (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the 22 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 23 Protected Material must be separately bound by the court reporter and may not be 24 disclosed to anyone except as permitted under this Stipulated Protective Order. 25 (g) the author or recipient of a document containing the information or a 26 custodian or other person who otherwise possessed or knew the information. 27 8. 28 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW LOS ANGELES STIPULATED PROTECTIVE ORDER If a Party is served with a subpoena or a court order issued in other litigation that 1 2 compels disclosure of any information or items designated in this action as 3 "CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER," that Party must: 4 5 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 6 (b) promptly notify in writing the party who caused the subpoena or 7 order to issue in the other litigation that some or all of the material covered by the 8 subpoena or order is subject to this Protective Order. Such notification shall include a 9 copy of this Stipulated Protective Order; and 10 11 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 12 If the Designating Party timely seeks a protective order, the Party served with the 13 subpoena or court order shall not produce any information designated in this action as 14 "CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER" before a determination by 15 the court from which the subpoena or order issued, unless the Party has obtained the 16 Designating Party's permission. The Designating Party shall bear the burden and expense 17 of seeking protection in that court of its confidential material - and nothing in these 18 provisions should be construed as authorizing or encouraging a Receiving Party in this 19 action to disobey a lawful directive from another court. 20 9. 21 A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 22 (a) The terms of this Order are applicable to information produced by a 23 Non-Party in this action and designated as "CONFIDENTIAL- SUBJECT TO 24 PROTECTIVE ORDER." Such information produced by Non-Parties in connection with 25 this litigation is protected by the remedies and relief provided by this Order. Nothing in 26 these provisions should be construed as prohibiting a Non-Party from seeking additional 27 protections. 28 MANATT, PHELPS & PHILLIPS, LLP ATTORNeYS AT LAW Los ANGELES STIPULATED PROTECTIVE ORDER 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party's confidential information in its possession, and the Party is subject 3 to an agreement with the Non-Party not to produce the Non-Party's confidential 4 information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non- 6 Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; (2) 8 9 10 Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and (3) 11 12 promptly provide the Non-Party with a copy of the Stipulated make the information requested available for inspection by the Non-Party. 13 (c) If the Non-Party fails to object or seek a protective order from this 14 court within 14 days of receiving the notice and accompanying information, the Receiving 15 Party may produce the Non-Party's confidential information responsive to the discovery 16 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 17 produce any information in its possession or control that is subject to the confidentiality 18 agreement with the Non-Party before a determination by the court. Absent a court order 19 to the contrary, the Non-Party shall bear the burden and expense of seeking protection in 20 this court of its Protected Material 21 10. 22 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 25 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 26 unauthorized copies of the Protected Material, (c) inform the person or persons to whom 27 unauthorized disclosures were made of all the terms of this Order, and (d) request such 28 MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW Los ANCELES STIPULATED PROTECTIVE ORDER 1 person or persons to execute the "Acknowledgment and Agreement to Be Bound" that is 2 attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain inadvertently 6 produced material is subject to a claim of privilege or other protection, the obligations of 7 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b )(5)(B). 8 This provision is not intended to modify whatever procedure may be established in an e- 9 discovery order that provides for production without prior privilege review. Pursuant to 10 Federal Rule of Evidence 502(d) and (e), the production of a privileged or work-product- 11 protected document, whether inadvertent or otherwise, is not a waiver of privilege or 12 protection from discovery in this case or in any other federal or state proceeding. For 13 example, the mere production of privileged or work-product-protected documents in this 14 case as part of a mass production is not itself a waiver in this case or in any other federal 15 or state proceeding. 16 12. 17 18 19 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order no Party waives any right it otherwise would have to object to disclosing 21 or producing any information or item on any ground not addressed in this Stipulated 22 Protective Order. Similarly, no Party waives any right to object on any ground to use in 23 evidence of any of the material covered by this Protective Order. 24 12.3 Filing Protected Material. Without written permission from the Designating 25 Party or a court order secured after appropriate notice to all interested persons, a Party 26 may not file in the public record in this action any Protected Material. A Party that seeks 27 to file under seal any Protected Material must comply with Civil Local Rule 79-5. 28 Protected Material may only be filed under seal pursuant to a court order authorizing the MANATT, PHELPS & PHILLIPS, LLP ATTORNEYSATLAW Los ANGELES STIPULATED PROTECTIVE ORDER 1 sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5, a 2 sealing order will issue only upon a request establishing that the Protected Material at 3 issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 4 the law. If a Receiving Party's request to file Protected Material under seal pursuant to 5 Civil Local Rule 79-5( d) is denied by the court, then the Receiving Party may file the 6 information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise 7 instructed by the court. 8 13. FINAL DISPOSITION 9 Within 60 days after the final disposition of this action, as defined in paragraph 4, 10 each Receiving Party must return all Protected Material to the Producing Party or destroy 11 such material. As used in this subdivision, "all Protected Material" includes all copies, 12 abstracts, compilations, summaries, and any other format reproducing or capturing any of 13 the Protected Material. Whether the Protected Material is returned or destroyed, the 14 Receiving Party must submit a written certification to the Producing Party (and, if not the 15 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 (by category, where appropriate) all the Protected Material that was returned or destroyed 17 and (2) affirms that the Receiving Party has not retained any copies, abstracts, 18 compilations, summaries or any other format reproducing or capturing any of the 19 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 20 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 21 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 22 work product, and consultant and expert work product, even if such materials contain 23 Protected Material. Any such archival copies that contain or constitute Protected Material 24 remain subject to this Protective Order as set forth in Section 4 (DURATION). 25 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 26 27 28 MANATT, PHELPS & PHILLIPS, LLP ATTORNEYS AT LAW LOS ANGELES STIPULATED PROTECTIVE ORDER 1 2 3 Dated: Ma~6 4 5 6 7 8 9 10 Dated: Ma~~ 2016 ::~ AD~&PET RSO LP Don arson Attomeys for Defendants and C nter-Claimants VASQUEZ ESTRADA & CONWAY LLP, MICHAEL A.VASQUEZ, MICHAEL J. ESTRADA AND PATRICIA KANTOR CONWAY 11 12 13 14 15 16 KLINEDINST PC 17 18 19 20 21 Dated: May~ 2016 We~therf~L Frank C. Olah, Esq. Michael Martucci, Esq. Attomeys for Defendant VASQUEZ ESTRADA &CONWAYLLP [PROPOSED) ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. S nS J u d ge J o . Ti ga r STIPULATED PROTECTIVE ORDER ER H Los ANOIILI!S RT ATTORNEYS AT LAW NO 28 MANATT, PHHPS & PHILLIPS, LLP GRA LI 27 United States District ED NT Judge A 26 May 31, 2016 DATED: ------------------- UNIT ED 25 RT U O 24 S DISTRICT TE C TA R NIA 23 FO 22 N F D IS T IC T O R C 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I , - - - - - - - - - - - - [print or type full name], of 4 [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued by 6 the United States District Court for the Northern District of California on - - -, 2016, in 7 the case of Westport Insurance Corporation et. al. v. Vasquez, Estrada & Conway LLP 8 et. al, Case No. 3:15-cv-05789-JST. I agree to comply with and to be bound by all the 9 terms of this Stipulated Protective Order and I understand and acknowledge that failure to 10 so comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that is 12 subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for 15 the Northern District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. 18 I hereby a p p o i n t - - - - - - - - - - - [print or type full name] of 19 [print or type full address and telephone 20 number] as my California agent for service of process in connection with this action or 21 any proceedings related to enforcement of this Stipulated Protective Order. 22 23 Date: 24 City and State where sworn and signed: ----------------------- ---------------------- 25 26 Printed name: ------------------- 27 28 Signature:---------------- MANATT, PHELPS & PHILLIPS, LLP ATTOftNEYS AT LAW LOS ANCELBS STIPULATED PROTECTIVE ORDER

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