Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

John Campolo v. Aetna Life Insurance Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 23, 2011

JOHN CAMPOLO,
PLAINTIFF,
v.
AETNA LIFE INSURANCE COMPANY;
OFFICE DEPOT TEMPORARY DISABILITY PLAN; TERM DISABILITY PLAN;
DEFENDANT.

The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge

JOINT STIPULATION RE: PROTECTIVE ORDER RE:

CONFIDENTIALITY OF INFORMATION, DOCUMENTS AND OTHER MATERIALS AND 23 THINGS PRODUCED BY OFFICE DEPOT LONG DEFENDANTS 24

Temporary Disability Plan, and Office Depot Long Term Disability Plan (collectively the 4 "Defendants") by and through their respective attorneys of record, as follows: 6

December 13, 2010, in the United States District Court, Northern District of California, entitled 10 ("Complaint"). The case was subsequently reassigned and the case number is now Case No. 12 B. Plaintiff has served on Aetna a: 1) First set of Interrogatories, 2) Second set of Interrogatories, 3) First Request for Production of Documents, and 4) Second Request for 15 1) First set of Interrogatories, 2) Second set of Interrogatories, 3) First Request for Production of 17 Office Depot Long Term Disability Plan a: 1) First set of Interrogatories, 2) Second set of 19 Production of Documents. 21

22 documents which Defendants believe to be protected as trade secrets, and/or other confidential 23 and proprietary business, technical, and financial information; and 24 25 of Civil Procedure, and applicable decisional law regarding the treatment of trade secrets and 26 confidential information. 27 1. Proceedings and Information Governed. This Stipulation, and Court's Order IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff John Campolo ("Plaintiff") and Defendants Aetna Life Insurance Company ("Aetna"), Office Depot 3 "Office Depot Plan") ("Aetna and the Office Depot Plan are collectively referred to herein as 5

RECITALS

A. Plaintiff commenced this action, brought under the Employee Retirement Income Security Act (ERISA), 29 USC §1001 et seq., by the filing of a complaint against Defendants on 9 John Campolo v. Aetna Life Insurance Company, et al., as Case No. CV10-05634 JCS 11 CV10-05634 CW.

KANTOR & KANTOR, LLP

NORDHOFF ST. NORTHRIDGE, CA 91324

Production of Documents. Plaintiff has served on the Office Depot Temporary Disability Plan a: 16

Documents, and 4) Second Request for Production of Documents. Plaintiff has served on the 18

Interrogatories, 3) First Request for Production of Documents, and 4) Second Request for 20

C. The discovery phase of this action may involve the disclosure of information and

E. Plaintiff and Defendants therefore stipulate under Rule 26(c) of the Federal Rules thereon, will govern any document, information, or other thing furnished or produced by any 2 party to this action, and shall mean and include Plaintiff John Campolo ("Plaintiff") and 3

Defendants Aetna Life Insurance Company ("Aetna"), Office Depot Temporary Disability Plan, 4 and Office Depot Long Term Disability Plan (collectively the "Office Depot Plan") ("Aetna and 5 the Office Depot Plan are collectively referred to herein as "Defendants"), and third parties, to 6 any other party in connection with this action, including Plaintiff or Defendants, which may be 7 produced in this action and designated by the producing party as "Confidential" information or 8 material as defined below. The information protected includes, but is not limited to, information 9 produced in connection with Federal Rule of Civil Procedure 26, information contained in 10 responses to demands for identification and production of documents or other things; responses 11 to special interrogatories; deposition testimony and exhibits, including any documents or other 12 information or materials that may be produced prior, or subsequent, to any depositions; and all copies, extracts, summaries, compilations, designations, and portions of the foregoing. 14

15 and Court's Order thereon, "Confidential" information or material will mean all information or 16 material that: 17

18 and 19

20 constitute or contain trade secrets or otherwise constitutes business proprietary and/or 21 confidential material, or other confidential research, development, or commercial information, 22 whether embodied in physical objects, documents, or other factual knowledge of persons, and 23 specifically shall include but not necessarily be limited to, the total number of peer reviews 24 performed by a consulting physician for Aetna, any agreements between Aetna and any peer 25 review physician(s), any agreements between and/or amongst Defendants and/or any predecessor 26 entity of Defendants pertaining to the administration of the short term and/or long term disability 27 plans sponsored and maintained by Office Depot, and any claim guidelines, written procedures, 28 or memoranda relating to Aetna's claims protocol or claims handling, business document

2. "Confidential" Information or Material Defined. For purposes of this Stipulation,

a. Is produced for or disclosed to a receiving party (Plaintiff or Defendants);

b. A party (Plaintiff or Defendants) reasonably and in good faith believes to templates, documents reflecting Aetna's internal policies, procedures, rules and regulations, 2 bulletins, memoranda, training materials, and any and all writings reflecting same; and 3

4 producing party in compliance with Paragraph 3 of this Stipulation, and Court's Order thereon, 5 and in advance of its production. c. Has been designated as "Confidential" information or material by a 3. Designation of "Confidential" Information or Material. Any party may designate

"Confidential" information or material by stamping or affixing to the physical objects, 8 documents, discovery responses, or deposition transcripts a stamp or other inscription that states: 9 05634 CW."

12 page of written material shall mean that all information contained on that page is designated "Confidential" and the case number - "USDC -- Northern District of California, Case No. CV10-10

For written material, documents, or other tangible items, the designation of any particular

"Confidential" unless otherwise indicated. To the extent possible, such designation shall be 14 made so as not to interfere with the content of any such written material. For information not 15 reduced to written material, document, or other tangible item, or information that can not be 16 conveniently designated as set forth in this paragraph, any party may designate the confidential 17 information by giving written notice to the receiving party at the time the confidential 18 information is produced. The written notice must clearly identify that part of the information 19 being produced that is designated as "Confidential." 20

4. Party's Own Information. The restrictions on the use of "Confidential"

21 information or material established by this Stipulation, and Court's Order thereon, apply only to 22 the use by a party of "Confidential" information or material received from another party to this 23 action, or from a non-party to this action, and shall not apply to the use by a party of his/its own 24 information. 25

26 purposes of this Stipulation, and Court's Order thereon, the term "qualified recipient" of 27 information and material that has been designated pursuant to the terms of this Stipulation, and 28

Court's Order thereon, shall mean:

5. Persons Authorized to Receive Confidential Information and Material. For

2 employees of the party to whom disclosure of confidential information is deemed necessary by 3 that party for purposes of this action only; 4

5 on behalf of the parties, any attorneys retained by the parties in this action to consult on the 6 litigation, their respective partners, associates, clerks, legal assistants, secretaries, and 7 stenographic and support personnel, and such other persons retained by such attorneys to provide 8 litigation support services in this action; 10 be made; 11

(a) The parties to this action, including officers, directors, and other

(b) The attorneys of record in this action, attorneys employed in-house by or

(c) Any persons to whom the Court in this action orders that disclosures may

(d) Any other person with prior written consent of the designating party.

Each person to whom disclosure of confidential information is made agrees to be subject

to the jurisdiction of this Court solely for purposes of proceedings relating to that person's 14 performance under, compliance with, or violation of any Order entered by this Court in 15 connection with this Stipulation, and Court's Order thereon. 16

17

6. Challenges to and Removal of "Confidential" Designation. Nothing in this

Stipulation, and Court's Order thereon, shall preclude any party from challenging a designation 18 of any information or material as "Confidential" by any party. If designated by a party as 19

"Confidential," information and material will be so treated for all purposes, and shall continue to 20 be treated as "Confidential" unless and until the Court rules to the contrary. 21

Any party may challenge or object to the designation as "Confidential" of any

22 information or material and/or seek removal of particular items of "Confidential" information or 23 material by giving counsel for all other parties written notice of her/ its intent to seek removal 24 within thirty days (30) of receipt of the information or material, which notice shall specify the 25 items of "Confidential" information and material for which removal is sought. The written 26 notice shall have attached a copy of such designated material or shall identify each subject 27 document by production number or deposition page and shall state that the receiving party 28 objects to the designation. Counsel for the objecting party shall then initiate a conference in good faith in an effort to resolve any dispute concerning such designation. Counsel for the 2 designating party shall have fourteen (14) days from the date of service of the objection to 3 provide any reasons for justifying the designation. 4

5 of service of the objection, the party objecting to the "Confidential" designation, may make a 6 motion to the Court, subject to the rules applicable to motions generally, to declassify such 7 information. No party to the action shall be deemed by treating information and/or material as 8

If the objection cannot be resolved by agreement within twenty-one (21) days of the date

"Confidential" to have conceded that the information actually is "Confidential," however, the 9 party claiming classification of any information designated as "Confidential," shall have the 10 burdens of proof and persuasion on said issue. 11

12 made pursuant to this paragraph shall mean on completion of transmission, if service is made by

facsimile, on delivery, if service is made personally, two days after mailing, if service is made by 14 express mail or other means of overnight delivery, and five days after the date of mailing, if 15 service is made by regular mail. 16

7. Use of "Confidential" Information or Material. Any information or material

17 designated as "Confidential" will be handled by the receiving party in accordance with the terms 18 of this Stipulation, and Court's Order thereon. Information and material designated as 19

"Confidential" will be held in confidence by the receiving party, will be used by each receiving 20 party for purposes of this action and trial only and not for any business, competitive or other 21 purpose, or any other legal action, unless agreed to in writing in advance by all parties to this 22 action or as authorized by further Order of the Court, and will not be disclosed to, or the 23 substance discussed with, any person who is not a qualified recipient. 24

Court's Order thereon, shall prevent or otherwise restrict a qualified recipient from making 26 working copies, abstracts, summaries, digests and analyses of "Confidential" information or 27 material for use in connection with this action. All working copies, abstracts, summaries, digests 28 and analyses will also be considered "Confidential" under the terms of a Court's Order

For purposes of this Stipulation, and Court's Order thereon, "receipt" of an objection

8. Copies of "Confidential" Information or Material. Nothing in this Stipulation, or

approving this Stipulation. 2

3

9. Transmission of "Confidential" Information or Material. Nothing in this

Stipulation, and Court's Order thereon, shall prevent or otherwise restrict the transmission or 4 communication of "Confidential" information or material between or among qualified recipients 5 of such material. 6

7 motions, or other documents that contain or annex "Confidential" information or material is 8 required to file a motion or application with the court to seal such records and to take whatever 9 other and further steps are necessary and required by the Court to comply with the requirements 10 of this paragraph and to file such pleadings, motions, or other documents under seal and in 11 accordance with United States District Court, California District, Local Rule 79-5. Any question 12 concerning the admissibility or use of confidential information at trial shall be addressed by

13

10. Sealing of Documents. Any party seeking to file with the court pleadings, further Court Order. 14

11. Court Proceedings. Pleadings, motions, or other documents to be filed with the

Court in this action that contain or annex "Confidential" information must be filed under seal and 16 in accordance with Paragraph 10 to this Stipulation, and Court's Order thereon. Any court 17 hearing or other proceeding that refers to or describes "Confidential" information will be held in 18 camera in the Court's discretion. 19

20 thereon, to the contrary, a person examined as a witness at deposition may testify concerning all 21

"Confidential" information of which the person is the author, addressee or has knowledge. If the 22 examination concerns "Confidential" information or material, the producing party will have the 23 right to exclude from that portion of the deposition concerning the "Confidential" information or 24 material any person other than the witness, the witness's attorney(s), and qualified recipients of 25 the "Confidential" information or material. 26

27 examination commences, the witness and his or her attorney each will be requested to provide 28 written confirmation that he or she will comply with the terms of this Stipulation, and Court's

12. Testimony. Notwithstanding any provision of this Stipulation, and Court's Order

If the witness and/or his or her attorney is not a qualified recipient, then before the Order thereon, and maintain the confidentiality of the "Confidential" information or material 2 disclosed during the course of the interview or examination. If the witness and/or his or her 3 attorney declines to provide written confirmation agreeing to the terms of the Stipulation, and 4

Court's Order thereon, the producing party has the right to adjourn the examination to promptly 5 seek a further protective order from the Court prohibiting the witness and/or his or her attorney 6 from disclosing the "Confidential" information or material. 7

8 examination, deposition or otherwise (collectively "deposition"), will be given a copy of this 9

Any court reporter who takes down testimony in this action, through interview,

Stipulation, and Court's Order thereon, and will be required to agree on the transcript of the 10 deposition, that he or she will not disclose any testimony and/or information revealed at the 11 deposition, except to the attorneys of record for the parties in this action or to such other 12 qualified recipients as the attorneys of record for the parties so designate in writing to the court reporter.

15 conclusion, the transcript, the original, and all copies of any deposition transcript, and exhibits, 16 will be initially considered as a whole to constitute "Confidential" information subject to this 17

Any disputes over this designation, in whole or in part, will be resolved through the procedure 19 and in accordance with the burden of proof designated in Paragraph 6, above, for challenges to 20 the designation as "Confidential" information. 21

22 transcript, and counsel will conform their copies of the transcript in accordance with the agreed-23 upon or resolved designation. The portions designated as "Confidential" will thereafter be bound 24 in a separate booklet, conspicuously marked on the cover thereof with the words 25

"Confidential" information or material subject to this Stipulation, and Court's Order thereon. 27 28 bar or otherwise restrict an attorney who is a qualified recipient from: Unless the parties reach a different written agreement prior to the deposition's Stipulation, and Court's Order thereon, and will be conspicuously marked as described below. 18

Once resolved, or if no challenge is made, the reporter will promptly conform the original

"CONFIDENTIAL - SUBJECT OF PROTECTIVE ORDER" and shall be treated as 26 13. Attorneys' Actions. Nothing in this Stipulation, and Court's Order thereon, will 3 that have been produced under this Stipulation, and the Court's Order thereon, and that contain 4 14. No Waiver. The taking of, or the failure to take, any action to enforce the 6 provisions of this Stipulation, and Court's Order thereon, or the failure to object to any 7 designation or any such action or omission, will not constitute a waiver of any right to seek and 8 obtain protection or relief, other than as specified in this Stipulation, and Court's Order thereon, 9 of any claim or defense in this action or any other action, including but not limited to, any claim 10 or defense that any information:

15 development, or commercial information of any party. 16 17 this Stipulation, and Court's Order thereon. This Stipulation, and Court's Order thereon, is 18 entered without prejudice to the right of any party to apply to the Court at any time to modify the 19 restrictions of any such Order, when convenience or necessity requires. The procedures set forth 20 in this Stipulation, and Court's Order thereon, will not affect the rights of the parties to object to 21 discovery on grounds other than those related to trade secrets or proprietary information claims, 22 nor will they relieve a party of the necessity of proper response to discovery devices. 23

15. No Probative Value. This Stipulation, and Court's Order thereon, will not 24 abrogate or diminish any contractual, statutory, or other legal obligation or right of any party or 25 person with respect to any "Confidential" information or material. The fact that information or 26 material has been designated as "Confidential" will not make it admissible during the trial of this 27 action, absent a stipulation by the parties or a ruling by the Court as to its admissibility. The fact 28 that any information designated "Confidential" is or may be disclosed, used, or produced in

(a) Rendering advice to his, her or its client(s) with respect to this action; or

(b) Generally referring to or relying on his or her examination of documents

"Confidential" information. 5

(a) Is or is not relevant, material, or otherwise discoverable;

(b) Is or is not confidential or proprietary to any party;

(c) Is or is not entitled to particular protection; or

(d) Embodies or does not embody trade secrets or confidential research,

In making this claim or defense, the party must comply with the procedures described in discovery or at the trial in this action, will not prohibit any party from asserting all objections and 2 privileges, including that the information: 3 development, or commercial information of any party. 8

(a) Is or is not relevant, material, or otherwise admissible;

(b) Is or is not confidential or proprietary to any party;

(c) Is or is not entitled to particular protection; or

(d) Embodies or does not embody trade secrets or confidential research,

Further, a party that receives material or information in this action that is designated as

"Confidential" may not use that material or information in any other legal proceeding or for any 10 purpose other than litigating the instant action, absent written consent from the disclosing party.

"Confidential" information and material. All "Confidential" information not embodied in 15 written materials, documents, or tangible items will remain subject to this Stipulation, and 16

Court's Order thereon. For purposes of this paragraph, "conclusion of this action" shall mean, as 17 to any party, the dismissal of that party from this action by Order of Court, whether by 18 stipulation, Request for Dismissal, or other proceeding, or final judgment as against that party 19 after expiration of all appellate rights or the time for any such appeal. 16. Return of Information and Materials. At the conclusion of this action, all

"Confidential" information or material will, within thirty (30) days of written request of the party

furnishing the information or materials, be delivered to the party that furnished the 14

In the event that any deposition transcript marked "CONFIDENTIAL --

SUBJECT OF PROTECTIVE ORDER" contains information or materials deemed confidential 22 by more than one party, the transcript shall be returned to the party first making request for 23 return of same. 24

17. Court's Jurisdiction. The Court retains jurisdiction to make amendments,

25 modifications, deletions, and additions to the Order approving this Stipulation as the Court from 26 time to time considers appropriate. The provisions of this Stipulation, and Court's Order 27 thereon, regarding the use or disclosure of information designated as "Confidential" information 28 or material will survive the termination of this action, and the Court will retain jurisdiction with respect to this Stipulation, and Court's Order thereon. 2

18. Notices. Any of the notice requirements in this Stipulation and the Court's Order

3 entered thereon may be waived, in whole or in part, but only a writing signed by the attorney of 4 record for the party against whom such waiver is sought will be effective. 5

19. Amendments. The parties may amend this Stipulation, Court's Order thereon, in

6 writing and may seek to have the amendments entered by the Court as part of its Order. 7

20. Interpretation. This Stipulation has been negotiated at arm's length and between

8 and among persons sophisticated and knowledgeable in the matters dealt with in this Stipulation. 9

Accordingly, none of the parties hereto shall be entitled to have any provisions of the Stipulation 10 construed against any of the other parties hereto in accordance with any rule of law, legal 11 decision, or doctrine, such as the doctrine of contra proferendum, that would require 12 interpretation of any ambiguities in this Stipulation against the party that has drafted it. The provisions of this Stipulation shall be interpreted in a reasonable manner to effect the purposes of 14 the parties hereto and this Stipulation. 15

21. Binding on all Parties/Extension to Non-Parties. This Stipulation, upon entry as

2 an Order of the Court, shall bind the parties represented by the undersigned counsel, the parties' 3 agents, officers, directors, employees, and representatives who receive notice of this Stipulation, 4 and Court's Order thereon, and all other parties who appear in this case during the course of this 5 litigation. 6

Respectfully submitted,

Dated: November 21, 2011 GORDON & REES LLP

By: /s/ Tad A. Devlin

Tad A. Devlin

Joel A. Morgan Attorneys for Defendants

AETNA LIFE INSURANCE COMPANY; OFFICE DEPOT

TEMPORARY DISABILITY PLAN

and OFFICE DEPOT LONG

KANTOR & KANTOR, LLP

NORDHOFF ST. NORTHRIDGE, CA 91324

TERM DISABILITY PLAN

Dated: November 21, 2011 KANTOR & KANTOR LLP 15 16

By: /s/ Brent Dorian Brehm

Brent Dorian Brehm

Corinne Chandler Attorneys for Plaintiff

JOHN CAMPOLO

ORDER

21

Good cause appearing, the above Joint Stipulation Re: Protective Order Re:

Confidentiality of Information, Documents and other Materials and Things Produced by 23

Defendants is GRANTED. 24

DATED: ____________, 2011 _______________________________________ 25

20111123

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.