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John Campolo v. Aetna Life Insurance Company

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 ...


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