The opinion of the court was delivered by: Paul L. Abrams United States Magistrate Judge
STIPULATION AND PROTECTIVE ORDER
Complaint Filed: July 31, 2008
Complaint Transferred: Oct. 9, 2008
Trial Date: January 18, 2011
The parties in this action and their respective counsel desire to coordinate their efforts and to exchange information for purposes of this action expeditiously, while minimizing the burdens, expenses, disputes, and delays associated therewith. This action is an insurance coverage dispute in which Employers Insurance of Wausau and National Casualty Company ("NATIONAL") seek a declaration that their insurance policies provide no coverage to News Corporation, Fox Entertainment Group, Inc., Twentieth Century Fox Film Corporation, Twentieth Century Fox International Television, Inc., New World Television Productions, Inc., New World Entertainment, Ltd. ("FOX and NEW WORLD ENTITIES") in connection with an underlying copyright infringement lawsuit captioned East v. Twentieth Century Fox Film Corp., Case No. CV 04-4920, filed against certain of the FOX and NEW WORLD ENTITIES in the United States District Court for the Central District of California, including the complaint-in-intervention filed therein ( the "East lawsuit"). Syndicate 33 at Lloyd's, London (managed by Hiscox Syndicates Ltd.) ("Syndicate 33") seeks reimbursement from NATIONAL and Media/Professional Insurance for their share of the contributions made by Syndicate 33 towards the defense and settlement of the East lawsuit.
The parties recognize that discovery and other proceedings in this action may reveal, among other things, the nature and extent of the business operations of the parties, some of which are corporate competitors in the insurance industry, terms of confidential settlement agreements, and/or documents deemed confidential or protected in the East lawsuit, much of which may be sensitive, privileged, confidential, proprietary, and/or include trade secrets of the parties as defined by California Civil Code § 3426.1. In particular, widespread dissemination of the settlement agreement and/or the amount of the settlement between the Major Music Companies and certain of the FOX and NEW WORLD ENTITIES entered into in the East lawsuit could result in prejudice to the FOX and NEW WORLD ENTITIES.
The parties wish to protect the confidentiality of such information and ensure that the parties can obtain and pursue discovery without concern that such discovery will be used for any improper purpose, including for any business or commercial purpose, unrelated to this litigation.
As set forth below, the parties stipulate that any discovery in this action will only be used by the non-producing party solely for the purposes of this action, and not for any other purpose. In addition, the parties stipulate in paragraph 4, below, that certain specific documents may be designated by the producing party as "Highly Confidential -- Seek to File Under Seal." To the extent any party intends to file with the Court such designated documents, or any documents disclosing information contained in such designated documents, that party shall first apply to the Court for an order to file the document(s) under seal.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their respective counsel of record, as follows:
1. When used in this Stipulation and Protective Order, the following words shall have the following meanings:
(a) "Documents" shall mean all writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations, and electronically stored information, which (i) are or have been produced in connection with this action by any party to this action; or (ii) are produced in this action to any party to this action by any non-party, whether pursuant to the Federal Rules of Civil Procedure, subpoena, or by agreement.
(b) "Discovery Materials" shall mean (1) Documents produced in this action, other than documents which are publicly available (i.e., obtainable without formal legal process); (2) answers to interrogatories, responses to requests for production, and responses to requests for admissions served or filed in this action, except to the extent that the answers and/or responses contain information which is publicly available (i.e., obtainable without formal legal process); and (3) deposition testimony that may be taken in this action and deposition exhibits, except to the extent that the testimony contains information which is publicly available (i.e., obtainable without formal legal process). "Discovery Materials" shall also include copies, excerpts, and summaries of such documents in any pleadings or papers filed with the Court which quote from, summarize, incorporate, or attach to any of the foregoing materials. All "Discovery Materials" shall be clearly marked with the following legend: "CONFIDENTIAL -- Use Only in CD CA USDC Case Nos. CV08-6647 and CV06-2489."
(c) "Disclose" shall mean to show, give, make available, reproduce, or excerpt any Discovery Materials, or any part thereof.
2. All Discovery Materials produced or provided by any party or non-party, and the contents thereof, shall be used by the non-producing parties solely for the purposes of this action and the related action captioned New World Television Prods. v. National Casualty Co., United States District Court for the Central District of California Case No. CV06-2489. Except by order of the Court or prior written consent of the party asserting the protections of this Protective Order, such Discovery Materials shall not be used by any party other than the producing party for any other purpose, including, without limitation, any business or commercial purpose.
3. Subject to the terms, conditions, and restrictions of this Protective Order, Discovery Materials shall not be divulged, displayed, disseminated, published, transmitted, or otherwise made available or disclosed by any a party, in whole or in part, orally, in writing or otherwise to any persons other than:
(a) counsel working on this action on behalf of any party and such counsel's paralegal, secretarial, and clerical employees who are assisting in the preparation and trial of this action;
(b) witnesses or potential witnesses in this action who are contacted by or on behalf of the parties' respective counsel of record for purposes of pretrial investigation, ...