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Wells Fargo Bank, N.A. v. Lincoln National Life Insurance Co.

April 24, 2009

WELLS FARGO BANK, N.A., AS TRUSTEE FOR LUZ GLORIOSO 2007 INSURANCE TRUST, FAUSTINO JUMAWAN 2007 INSURANCE TRUST, NORMA MAPAYE 2007-2 INSURANCE TRUST, SOFRONIO ABUT 2007-3 INSURANCE TRUST, MARINA LABUNTOG 2006 INSURANCE TRUST, PEDRO NICOLAS 2006-2 INSURANCE TRUST, JUANITA UTANES 2006 INSURANCE TRUST, ARTURO ARAGON 2006 INSURANCE TRUST, RAMONA ARAGON 2006 INSURANCE TRUST, RAY FUENTES 2007 INSURANCE TRUST, APOLONIA CABOTAGE 2007 INSURANCE TRUST, YOLANDA LIMJOCO 2007 INSURANCE TRUST, ROGER FLORES 2007 INSURANCE TRUST, JOVITA DEMESA 2007 INSURANCE TRUST AND GRACIANO TAGLINAO 2007 INSURANCE TRUST, AND RELATED COUNTERCLAIMS AND THIRD-PARTY COMPLAINT PLAINTIFF,
v.
LINCOLN NATIONAL LIFE INSURANCE COMPANY, AN INDIANA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

PROTECTIVE ORDER TO PRESERVE CONFIDENTIALITY OF PERSONAL, FINANCIAL AND MEDICAL INFORMATION ABOUT NON-PARTY WITNESSES (FILED CONCURRENTLY WITH STIPULATION TO ENTRY OF PROTECTIVE ORDER TO PRESERVE CONFIDENTIALITY OF PERSONAL, FINANCIAL AND MEDICAL INFORMATION ABOUT NON-PARTY WITNESSES)

WHEREAS, plaintiff and counterdefendant Wells Fargo Bank, N.A., as trustee for 15 insurance trusts (the "Trustee"), defendant, counterclaimant and third-party plaintiff The Lincoln National Life Insurance Company ("Lincoln National") and third-party defendant The CAP Accumulation Trust ("The CAP Accumulation Trust")(collectively "Parties" and individually a "Party") have entered into a Stipulation to Entry of Protective Order to Preserve Confidentiality of Personal, Financial and Medical Information About Non-Party Witnesses for the purpose of preserving the confidentiality of personal, financial and confidential information about the non-party applicants and their initial beneficiaries that may be protected under the right of privacy afforded to California citizens by the California Constitution ("Protected Material"), good cause appearing therefore,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. A Party may designate documents as Protected Material pursuant to the terms of this Stipulation by stamping or affixing the word "CONFIDENTIAL" on each such document or in the case of non-documentary items, by designating the information as "CONFIDENTIAL" in writing or on the record. If a Party subsequently believes that a document or non-documentary item that has been produced or received contains Protected Material, but was not designated as "CONFIDENTIAL" at the time of production, the Party may designate the document or non-documentary item as "CONFIDENTIAL" by notifying the other Party in writing and, in the case of a document, requesting that the document have the word "CONFIDENTIAL" stamped or affixed thereto. In the case of deposition testimony, counsel may make the designation on the record, and shall have another 30 days after the transcript is received in order to afford the Parties a further opportunity to designate testimony and exhibits as "CONFIDENTIAL," to the extent not previously so designated. Deposition transcripts shall be identified as "CONFIDENTIAL" on the cover and title page of each deposition, or volume thereof. If a Party subsequently believes that deposition testimony or a deposition exhibit contains Protected Material, but was not designated as "CONFIDENTIAL" at the deposition or within 30 days after the deposition transcript was received, the Party may designate the deposition testimony or exhibit as "CONFIDENTIAL" by notifying the other Party in writing and requesting that the word "CONFIDENTIAL" be stamped or affixed to the transcript.

2. A non-party witness may designate Protected Material by stamping or affixing the word "CONFIDENTIAL" on each such document, notifying counsel for the Parties that the witness requests the document(s) be designated and stamped as "CONFIDENTIAL", or, in the case of non-documentary items, by designating the information as "CONFIDENTIAL" in writing or on the record. In the case of deposition testimony, a non-party witness may make the designation on the record, and shall have another 30 days after the transcript is made available for review in order to afford the witness a further opportunity to designate testimony and exhibits as "CONFIDENTIAL," to the extent not previously so designated.

3. A Party shall only designate as CONFIDENTIAL those documents and items of information which the Party reasonably and in good faith believes contain or constitute Protected Material.

4. Protected Material designated as CONFIDENTIAL and received by a Party through disclosures or discovery, and any information copies or extracted there from, may be used by the receiving Party in connection with the preparation for trial and trial of this action, and for no other purpose. As used herein, the phrase "preparation for trial and trial of this action" shall mean preparation for, participation in and prosecution and defense of any motion, arbitration, trial, appeal, hearing mediation, review or other judicial proceeding in the above-entitled action. Protected Material designated as CONFIDENTIAL and received by a Party through disclosures or discovery shall not be disclosed to the general public and shall not be disclosed to anyone for any commercial, business, or competitive purpose.

Notwithstanding the foregoing, any Party may disclose Protected Material designated as CONFIDENTIAL to:

a. Experts and consultants retained to assist a Party in the preparation for trial and trial of this action, but only to the extent necessary to enable such experts or consultants to render such assistance and, further, only to such experts and consultants who agree to be bound by the terms of this Stipulation and maintain the confidentiality of the Protected Material;

b. The Court (including Court personnel and jurors) in this action, in accordance with the provisions of this Stipulation;

c. Deposition notaries and staff; d. Witnesses or prospective witnesses that a Party's counsel of record may consider deposing or calling at trial, to the extent it is necessary that such information be shown for purposes of conducting the action and, further, only to such witnesses or prospective witnesses who agree to be bound by the terms of this Stipulation and maintain the confidentiality of the Protected Material;

e. Witnesses at depositions to the extent it is necessary that such information be shown for purposes of conducting the action and, further, only to such witnesses who agree to be bound by the terms of this Stipulation and maintain the confidentiality of the Protected Material;

f. Outside litigation support vendors, including commercial photocopying vendors and scanning services vendors;

g. Professional court reporters and videographers engaged to transcribe or videotape ...


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