Mesbahi et al v. GEICO Insurance Company et al

Filing 25

STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 10/8/2008. (hrllc2, COURT STAFF) (Filed on 10/8/2008)

1 Robert J. Gibson (#144974)

Danel S. Rodman (#156156)
2 SNELL & WILMER L.L.P.
600 Anton Boulevard, Suite 1400

*E-FILED 10/8/2008*

3 Costa Mesa, California 92626-7689

[phone] 4 hgibson(iswlaw.com

drodman(iswlaw.com
5

Attorneys for Defendants GEICO GENERAL

6 INSURANCE COMPANY; GEICO CASUALTY
COMPANY, GEICO INDEMNITY COMPANY

7 and GOVERNMENT EMPLOYEES INSURANCE
COMPANY, erroneously sued as GEICO
8

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA -- SAN JOSE DIVISION
CASE NO. C07 05772 JF
Honorable Jeremy Fogel
Dept.: 3

11 SHA YAN MESBAHI, MOHAMMAD
MESBAHI, MOSHEN TOOLAMI, MTM 12 AUTOMOTIVE CORP., dba AUTO TECH COLLISION CENTER
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Plaintiffs,
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vs.
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GEICO INSURANCE, ERIK STENTZ,
16 DOES 1-20,
17 18

STIPULATED PROTECTIVE ORDER GOVERNING THE PARTIES' CONFIDENTIAL AND PROPRIETARY DOCUMENTS AND OTHER INFORMATION

Defendants.

Trial Date: None

Complaint Filed: October 2, 2007

(MODIFIED BY THE COURT)

19 By way of Stipulation, the parties to this matter have demonstrated the need for a
20 protective order from this Court to protect and govern confidential, proprietary and other

21 sensitive personal and financial information of the parties to this litigation. The Court

22 agrees that an order is necessary in this case to protect the confidential financial and
23 personal information of the paries, and to permit the flow of documents and information

24 in discovery. Accordingly, it is hereby agreed upon by the paries, and ordered by the
25 Court, as follows:
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8880405.2

CASE NO. C07 05772 JF STIPULATED PROTECTIVE ORDER

1

ARTICLE 1

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DEFINITIONS
1.1

"Material" refers to any document within the meaning of the term as set

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forth in Federal Rule of Civil Procedure 34(a), including but not limited to writings,
drawings, graphs, charts, photographs, and data compilations, as well as testimony, formal

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or informal discovery responses, electronic fies or data, or other information in any form

produced or disclosed in this action, whether voluntarily or through any means of

discovery, and whether by a party or non-par to this action.
1.2 "Confidential Information" refers to any information that is personal or

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proprietary in nature that involves trade secrets, trade or business methodology, business
plans, pricing information, competitively-sensitive information, financial information, and
personal or private information that is of a confidential and non-public nature.
1.3 "Disclosing Part" refers to a part to this action who produces Material

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and/or information.

1.4 "Designating Pary" refers to a part to this action who designates Material
or information as ConfidentiaL.

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1.5 "Requesting Part" refers to a part to this action who has made a discovery
request for Material and/or information.

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1.6 "Receiving Party" refers to a party to this action who receives Material
and/or information.
ARTICLE

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SCOPE OF PROTECTIVE ORDER

2.1 To be subject to the particular confidentiality protections of this Order,

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Material or information must: (1) be confidential within the meaning of Sections 1.2 or
1.3 of this Order; and (2) be designated Confidential pursuant to Aricle 3 of

this Order.

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2.2 The protections and restrictions of this Order shall not apply to Material or

information that was or is already in the public domain (other than Material or information
that became part of the public domain as a result of violation of

this or another protective

8880405.2 CASE NO. C07 05772 JF
STIPULATED PROTECTIVE ORDER

1 Order or a breach of confidentiality) or to Material or information possessed or acquired
2 by discovery independent of

Materials or information designated as Confidential in this

3 Action.
4 ARTICLE

3

5 DESIGNATION OF MATERIAL AS CONFIDENTIAL
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3.1
Methods of Designation

3.1.1 Any part to this litigation who produces information in this

8 litigation may designate Material or information as Confidential if the part designating
9 the Material or information reasonably believes that the designated Material is not already

10 in the public domain, and has a reasonable good faith belief that the information so
11 designated constitutes Confidential Information as defined in this Order and that
12 protection is warranted. A party may designate Material or information as Confidential by

13 placing or affixing on the Material in a manner that wil not interfere with its legibilty the

14 words "CONFIDENTIAL" or "RESTRICTED FROM DISCLOSUR" or by giving
15 written notice to all parties to this Action of the designation.
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3.1.2

If an interrogatory or other discovery request calls for

17 Confidential Material, the confidential portion of the response shall be provided in a

18 separate document appended to the main body of the responses and incorporated by
19 reference therein. In the main body of the response to the interrogatory or written
20 discovery request, the response shall state: "Requests information that is restricted from

21 disclosure; see response contained in addendum, which response is incorporated herein by

22 reference."
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3.1.3

If a par wishes to designate a transcript of a deposition,

24 hearing, or trial in this matter or any portion of a transcript as Confidential, it may do so
25 by stating such designation on the record at the time of the deposition, hearing, or triaL. A

26 part may also designate all or a portion of such a transcript as Confidential by notifying

27 all parties in writing of the designation with reference to specific page and line numbers.
28 When a party designates all or a portion of a transcript as Confidential, it shall make

8880405.2 CASE NO. C07 LA05772 ORDER JF STIPU TED PROTECTIV

1 arrangements with the attending court reporter to label the cover page of the transcript
2 with the designation "Confidential" and to mark the Confidential portions in the transcript

3 with an indication to reflect their designation and the restrictions on the use of the
4 information. The Designating Party shall make such designations and arrangement within
5 thirt (30) days after receipt of

the complete transcript or a copy thereof.

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3.1.4

When Confidential Material or information is supplied or stored

7 on an electronic, digital, or magnetic medium, the confidentiality designation shall be
8 made on the medium itself (such as on a label attached to a disk) to the extent physically
9 possible or, if that is not physically possible, then on the sleeve, envelope, box, or other

10 container of the medium, and within the medium itself in a manner that immediately and

11 consistently informs those persons who access the medium that they have accessed
12 Material or information that is restricted from disclosure.
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3.1.5

A part may designate Material or information as Confidential

14 at any time during the pendency of this Action. A party may also withdraw or change its

15 designation of Confidential Information at any time during the pendency of this Action.

16 In the event that any party makes a designation after initial disclosure or production of

17 Material or information or a change of designation with respect to Confidential
18 Information, it must provide, within a reasonable period of time, written notice to all
19 Receiving Parties of its designation or change in designation. Upon such notice, all
20 Receiving Parties must treat all Material or information subject to the new designation as

21 if the Designating Part had made that designation at the time of the initial disclosure or
22 production of the Material or information.
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3.1.6

Whenever a part makes a designation of Material or

24 information as Confidential, that designation shall constitute a representation by the party
25 making the designation that it has made a good faith determination that the Material or

26 information so designated constitutes Confidential Information as defined in Section 1.2
27 of

this Order.
CASE NO. C07 05772 JF STIPULATED PROTECTIVE ORDER

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8880405.2

1

3.1.7

The failure of any party to challenge the designation of

2 information or Material as Confidential at the time of designation shall not be deemed a

3 waiver of the right to challenge the propriety of such designation at any time during these
4 proceedings.
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3.2

Challenges to Confidentiality Designations
3.2.1 In the event that a Receiving Part disputes the designation of

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7 Material or information as Confidential, it must first raise the dispute with the Designating
8 Part. The paries shall then meet and confer in a good faith attempt to resolve the

9 dispute. If the paries are unable to resolve their dispute, the Receiving Part may

10 challenge the Confidential designation by making an appropriate motion to this Court.
11 Upon such a motion, the Designating Party shall bear the burden of proving that good
12 cause exists under Federal Rule of Civil Procedure 26(c) for designating the Material or

13 information at issue as ConfidentiaL. On such a motion, the Court may find that the
14 information is not subject to protection under this Order or is Confidential Information
15 and subject to protection under this Order.
16

3.2.2

Pending ruling on a motion under Section 3.2.1, the Receiving

17 Party shall continue to treat the Material or information in question in accordance with its

18 designation as Confidential under this Order.
19 3.2.3 The failure of any part to challenge the designation of

Material

20 or information as Confidential at the time of disclosure or designation shall not be deemed
21 a waiver of its right to challenge the propriety of such designation at any time.
22 ARTICLE

4

23 DISCLOSURE, USE, AND HADLING OF MATERIAL DESIGNATED AS

24 CONFIDENTIAL
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4.1

Use and Handling of Confidential Material
4.1.1

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Material or information designated as Confidential in

27 accordance with this order shall not be used or disclosed for any purpose other than the
28 prosecution or defense of this action, including appeals. This Order's restrictions on the

8880405.2 CASE NO. C07 05772 JF
STIPULATED PROTECTIVE ORDER

1 dissemination of Confidential Information apply with equal force to any excerpt, analysis,

2 summary, or description of the Confidential Information, as well as any portion of any
3 brief, pleading, exhibit, transcript, or other document that contains or reveals the
4 substance of such Confidential Information.
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4.1.2

^

The Receiving Part shall limit access to and use of Material

Unless otherwise ordered by the court,

6 and information that is designated as Confidential Information by any other part to the
7 following persons:
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(a)

The Court and court personnel as part of proceedings in
connection with this litigation;

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(b)

Counsel to the parties, and attorneys and/or employees of

their

firms, if any, who are performing legal services in connection
with this litigation;
(c)
A designated representative or representatives of a part to

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this Protective Order who has a need to review Confidential
Material or information in connection with the litigation;
(d)

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Cour reporters before whom depositions or other proceedings
are conducted in this action;

(e)

Experts, consultants, or investigators retained by the parties or
counsel to assist in preparing for or conducting proceedings in this action, in the manner provided in this Section; and,

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(f) Witnesses at depositions or trial, or counsel to those witnesses.

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4.1.3 Any persons identified in Sections 4.1.2 (e) and (f) to whom

23 Confidential Information is to be disclosed or made available shall be given a copy of this
24 Order and shall execute an Acknowledgment in the form attached hereto as Exhibit A
25 prior to being given access to such Confidential Information. Such Acknowledgment

26 shall be kept in the possession of the pary that seeks to disclose Confidential Information

27 to such person. By their signature to this Order, the parties and their counsel shall be
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8880405.2

CASE NO. C07 05772 JF STIPULATED PROTECTIVE ORDER

1 deemed to have executed an Acknowledgment in the form of Exhibit A and thereby shall
2 have agreed to be bound by the Order.
3

4.1.4

Any par that includes Confidential Material or information in

4 any filing with the Court (including pleadings, discovery responses, exhibits, hearing,

comply with Civil Local Rule 79-5. === == ==== under seal in accordance with this 5 deposition, or trial transcripts) shall make=the=filing ============================ ^ ====The ==== === ==== file the document or papers in = sealed =========== == 6 Order. ====filing=part=shall ==========================a ======envelope that=has=
==== to it a cover === === the ======= information: 7 attached============page=with ====following ==========
8

===========of =====================the=========and = this action, including == case name == the caption
(a)

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number = ======;
==) ===A====================================sealed = n indication of the nature of the contents of the ===== (b =
=n=e==,=including ==title===========the=documents ======== ==== the == of == ======== or papers; e v lope

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=========words ================================UNER= the ===== "CONFIDENTIAL MATERIAL-FILED =====
(c)

====L" SEA ==
=d)=============in=the============= A statement = == following form: (=

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====== ========= to court order and contains 15 This envelope is=sealed=pursuant ============================= ======== ==== in === ===== == ======= of ========== 16 confidential information=fied ===this=case=by=(name ===disclosing= = be opened or === ======== ========== or ========== 17 part) and is not to===============the=contents=displayed ===inspected ==== == this ==== their counsel, court personnel, or == 18 except by the parties=to =====suit, ==================================by

19 court order.

=========

=== ==== ======= = ===== of the ========== Order == 20 The filing part shall=also=include=a=copy =======Protective========in
= sealed, filed ======== 21 the ===========envelope.

22 4.1.5 Nothing in this Order shall prohibit paries or their counsel from
23 transmitting Confidential Information through the mail, by other common carier, or by
24 non-public telephonic transmission, including directed Internet (i.e., non-broadcast e-

25 mail), so long as the transmission complies with the other aspects of this Order. Under no
26 circumstances, however, may Material or information protected under this Order be
27 posted on a publicly-available Internet web site.
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CASE NO. C07 05772 JF STIPULATED PROTECTIVE ORDER

1

4.1.6

Material or information designated as Confidential in

2 accordance with this order shall not lose its protected status through disclosure, either
3 intentionally or inadvertently, by a Receiving Part. In the event of such disclosure, the
4 parties shall take all steps reasonably required to assure the continued Confidentiality of

5 the Material or information.

6

4.1.7

Within 90 days of final adjudication, including but not limited

7 to final adjudication of any appeals or petitions or extraordinary writs, all Material or

8 information designated as Confidential in accordance with this Order and not received in
9 evidence or fied with the Court shall be returned to the Disclosing Par at the Disclosing

10 Party's expense. Alternatively, if the Disclosing Part agrees in writing, the Material or
11 information may be destroyed; in which case, the Receiving Part shall certify in writing

12 that it has destroyed all such Material or information in its possession, custody, or control.

13 After return or destruction of all such Confidential Information and Material, this Court
this Order.
14 shall no longer have jurisdiction to enforce the terms of

15 4.2 Permitted Disclosures
16

4.2.1

If any non-part demands by subpoena or other legal process the

17 production of Confidential Information from a Receiving Part, the Receiving Part shall

18 notify all other parties to this litigation promptly upon receipt of the subpoena or other the return date as possible) and use reasonable
19 legal process (and as much in advance of

20 efforts to maintain confidentiality of such Material or information in the meantime. The
21 part or person receiving the subpoena shall not produce any Confidential Information in

22 response to the subpoena without either the prior written consent of the Designating Par

23 or an order from a court of competent jurisdiction. However, the Designating Pary in

24 such case shall have the burden of seeking a court order relieving the subpoenaed party or

25 person of the obligations of the subpoena prior to the return date of such subpoena, or the
26 subpoenaed person or party shall be relieved of its obligations under this Section.
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Nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court.
8880405.2

CASE NO. C07 05772 JF STIPULATED PROTECTIVE ORDER

1

ARTICLE 5

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3

OTHER PROVISIONS
5.1

If discovery is sought from third parties in connection with this litigation,

4 and this discovery would require a third-part to disclose and/or produce Confidential
5 Information, that third-part may gain the protections of this Protective Order through a

6 written agreement by that third-part to produce documents or information pursuant to

7 this Order and to be bound by it. Under such agreement, the parties to this litigation wil
8 be bound by this Order with respect to all Confidential Information produced by the third

9 party.
10 5.2 This Order shall not prevent any part from applying to the Court for further
11 or additional protective orders, or from agreeing with the other paries to modify this
12 Order, subject to the approval of

the Court.

13 5.3 This Order shall not preclude any part from enforcing its rights against
14 anyone, believed to be violating the part's rights under this Order.
15

16 IT is SO AGREED.

17 Dated: 9hr¡ ,2008
¡

.L.P.

18 19

By:

Rob J. Gib on
Danel S. Rodman Attorneys for Defendants GEICO GENERAL INSURACE COMPANY; GEICO CASUALTY COMPANY, GEICO INDEMNITY COMPANY and GOVERNMENT EMPLOYEES INSURANCE COMPANY, erroneously
sued as GEICO

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8880405.2

CASE NO. C07 05772 JF STIPULATED PROTECTIVE ORDER

1 Dated: 4 - i 5 , 2008
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LAW OFFICES ROBERT DAVID BAKER

By:Gt~
MESBAHI, MOHA
PURSUANT TO STIPULATION (AS MODIFIED BY THE COURT),

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Robert David Baker Reed Tim Attorneys for Plaintiffs SHA Y AN

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MESBAHI, MOSHEN TOOLAM, AND MTM AUTOMOTIVE CORP., dba AUTO TECH COLLISION CENTER

9 IT is SO ORDERED.
10

Dated: October 8
11

,2008:_

The Honorable xxxxxxxFogel Jeremy xxxxx

Howard R. Lloyd

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Magistrate Judge of the United States District Court

Northern District of California

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8880405.2

CASE NO. C07 05772 JF STIPULATED PROTECTIVE ORDER

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PROOF OF SERVICE
I am employed in the County of Orange, State of California. I am over the age of 18 and not a pary to the within action; my business address is 600 Anton Boulevard, Suite 1400, Costa Mesa, California 92626.

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On October 2, 2008, I served, in the maner indicated below, the foregoing STIPULATED PROTECTIVE ORDER GOVERNING THE PARTIES' CONFIDENTIAL AND PROPRIETARY DOCUMENTS AND OTHER INFORMTION on the interested paries in this action by placing true copies thereof, enclosed in sealed envelopes, at Costa Mesa
addressed as follows:

PLAINTIFF'S COUNSEL Robert David Baker, Esquire

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Tim Reed, Esquire LAW OFFICES OF ROBERT DAVID BAKER 1611 The Alameda San Jose, California 95126 408.292.8555
408.292.0703 fax

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1L BY E-FILING: I caused such document to be sent electronically to the cour; pursuant to General Order No. 45, electronic fiing constitutes service upon the paries.
the bar of 1L FEDERAL: I declare that I am employed in the office of a member of

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this

Cour, at whose direction the service was made.
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EXECUTED on October 2, 2008,
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8576702. 18571411.

CASE NO. C07 05772 JF

STIPULATED PROTECTIVE ORDER