The opinion of the court was delivered by: Honorable Robert N. Block United States Magistrate Judge
Jonathan A. Shapiro (257199) Andrea J. Robinson (pro hac vice) Timothy J. Perla (pro hac vice) firstname.lastname@example.org email@example.com firstname.lastname@example.org WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Tel: (650) 858-6101 Fax: (650) 858-6100 Attorneys for Defendant Life Insurance Company of the Southwest
Assigned for all purposes to the Honorable James V. Selna
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER
Plaintiff Bruce M. Krall ("Plaintiff") and Defendant Life Insurance Company of the Southwest ("Defendant" and, together with Plaintiff, the "Parties") desire the ability to discover from each other documents, material, and other information that, in whole or in part, is contended by those Parties to be confidential, privileged and/or proprietary for the sole purpose of pre-trial and trial of the proceedings in this action. The Parties by this stipulation and protective order recognize that some of the documents and information that have been or will be requested in the course of discovery in this action contain personal, medical and/or financial information, trade secrets and/or proprietary confidential information ("Confidential Material"), which although likely to lead to the discovery of admissible evidence in these proceedings, would otherwise be protected from disclosure. Further, the Parties wish to avoid the expenses, including attorney's fees, which would necessarily be incurred to resolve a controversy regarding the potential disclosure of such Confidential Material.
Thus, IT IS HEREBY STIPULATED by and among all Parties, through their respective attorneys of record, as follows:
1. The Parties (and possibly third parties) will produce Confidential Material during the course of discovery. With respect to such information, the producing party or third party (the "Producing Party") will identify or otherwise designate such materials as follows:
a) For written material, by placing the following legend on each applicable page of the document: "CONFIDENTIAL"; and
b) For depositions, by designating the material as "CONFIDENTIAL INFORMATION -- PROTECTIVE ORDER."
2. All documents and information produced in this action shall be used only for the purpose of litigating this action (and any appeal taken therefrom) and shall not be used for any other purpose whatsoever.
3. By producing Confidential Material, the Parties do not waive any objection regarding admissibility, relevancy, or any other evidentiary ground, all of which are specifically reserved.
4. If documents and information subject to a claim of privacy, attorney-client privilege or attorney work-product are inadvertently disclosed to another party, such disclosure shall in no way prejudice or otherwise constitute a waiver of any claim of privacy, attorney-client privilege or attorney work product to which the Producing Party or other person would be entitled. If a claim of inadvertent disclosure is made pursuant to this paragraph with respect to information then in the custody of another party, such party will promptly return to the claiming party or person that material as to which the claim of inadvertent disclosure has been made. Such claims of inadvertent disclosure shall be made with reasonable diligence. The party returning such material may then move the Court for an order compelling production of the material, but such motion shall not assert as a ground for entering such an order the fact or circumstances of the inadvertent disclosure. In other words, the motion shall only involve the appropriateness of the claim of privacy, attorney-client privilege or attorney work-product.
5. Confidential Material and any related copies, summaries, extracts, notes or memoranda, shall not be disclosed except to the following persons, each of whom shall be bound by the terms of this Stipulation and Order and subject to the jurisdiction of this Court for purposes of enforcement of this Stipulation and Order:
a) the Court and its officers or personnel;
b) attorneys at the law firms of record in this action only, including such attorneys' legal assistants, paralegals, stenographic and clerical employees working under counsel's direct supervision in this action, as well as outside copying, graphic, computer services ...