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David Ribot, Perry Hall, Jr., Deborah Mills, Anthony Butler, Jennifer v. Farmers Services

May 16, 2012

DAVID RIBOT, PERRY HALL, JR., DEBORAH MILLS, ANTHONY BUTLER, JENNIFER BUTLER, JONATHAN LUNA, RITA DUNKEN, AND LOIS BARNES, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
FARMERS SERVICES, LLC, FARMERS INSURANCE EXCHANGE, AND 21ST CENTURY INSURANCE COMPANY, DEFENDANTS.



The opinion of the court was delivered by: Honorable Fernando M. Olguin

[DISCOVERY MATTER] STIPULATION AND PROTECTIVE ORDER RE: PRODUCTION OF CONFIDENTIAL INFORMATION

Second Amended Complaint Filed: September 19, 2011 NOTE CHANGES MADE BY THE COURT

Plaintiffs DAVID RIBOT, PERRY HALL, JR., DEBORAH MILLS, ANTHONY BUTLER, JENNIFER BUTLER, JONATHAN LUNA, RITA DUNKEN, AND LOIS BARNES ("Plaintiffs"), and Defendants FARMERS SERVICES, LLC, FARMERS INSURANCE EXCHANGE and 21ST CENTURY INSURANCE COMPANY ("Defendants") (collectively, the "Parties"), acknowledge that discovery in this lawsuit may require the disclosure of information, documents and other records that constitute or contain trade secrets and/or commercially sensitive, proprietary and/or other confidential information, including documents and information related to Defendants' business operations, payroll records, personnel records, and/or current or former employees.

In light of the substantial volume of records and information at issue and the fact that many of these documents and other forms of information are of the type deserving of protection, and to eliminate the need for repeated requests that the Court become directly involved in the discovery process, the Parties, by and through their respective counsel, HEREBY STIPULATE, AGREE, AND JOINTLY REQUEST, that a protective order with the following terms and provisions be entered:

1. This Stipulation and Protective Order shall govern documents, other records, depositions or other testimony, deposition exhibits, interrogatory responses, responses to requests for admissions, responses to document requests, and any and all other information and documents produced by the Parties (or third-parties) in connection with this case (all such records and information shall be referred to as "Information").

DESIGNATION AS CONFIDENTIAL

2. Any Information produced by a party to this litigation or a third party in connection with this case ("the Producing Party") that the Producing Party believes in good faith contains or comprises any confidential, proprietary, commercially sensitive, trade secret as defined by California Civil Code § 3426.1, or otherwise non-public business, technical, or financial information, employee personnel and/or earnings information, or information protected by third-party privacy rights ("Confidential Information") may be designated by the Producing Party as "Confidential" by marking or designating the Information in the manner provided in paragraph 3 of this Stipulated Protective Order. Confidential Information shall not include any advertising materials published to the general public or documents published to the general public. Failure of counsel to designate Information as Confidential Information shall not be deemed a waiver of confidentiality. In the event that a Producing Party inadvertently fails to designate Confidential Information, or in the event that any other person or party learns of the disclosure of Information that it deems to be Confidential Information, the Producing Party or another party may make a later designation or change the designation by so notifying all parties to whom the Confidential Information has been disclosed. Late designation shall not be deemed a waiver of the protected status of the designated Information. The Producing Party must reproduce late-designated documents or other materials with the appropriate designation, and the receiving parties must return or certify destruction of the non-designated copies of the documents or other materials. To minimize the risk of inadvertent disclosure of Confidential Information, all documents or other materials produced shall be treated as Confidential Information for thirty (30) days after their production. Confidential Information includes not only the information contained in documents and other materials designated as such pursuant to this Order, but also any summaries, copies, abstracts, compilations, or other documents or material derived from Confidential Information.

3. The Producing Party may designate as "Confidential," in whole or in part, any documents or other materials by marking any copies of the documents or other materials, in a manner not affecting legibility, with the word "Confidential." Whenever counsel for a party deems that any question or line of questioning calls for the disclosure of Information that should be treated as Confidential Information, or when Confidential Information is used during or in connection with a deposition, counsel may: (i) state on the record that such Information is being designated as "Confidential" or (ii) give written notice to all other counsel that such Information is being designated as "Confidential" within twenty-one (21) days after receiving a copy of the deposition transcript. Only those portions of the transcript of the deposition designated "Confidential" shall be so treated, except that all copies of deposition transcripts that contain designated Information shall be prominently marked "Confidential" on the cover, and when filed with the Court, in whole or in part, shall be filed under seal. For convenience, if a deposition transcript contains repeated references to Confidential Information that cannot be conveniently segregated from non-confidential Information, any party may request that the entire transcript be designated Confidential. To avoid any inadvertent disclosure of Confidential Information, all deposition transcripts and exhibits shall be treated as Confidential for twenty-one (21) days after copies of the transcript are available.

4. A party may designate as "Confidential" documents or discovery materials produced by a non-party or another party by providing written notice to all parties of the relevant documents or other Information to be so designated within thirty (30) days after receiving such documents or materials. If that happens, the parties agree to treat that Information as Confidential for all purposes, regardless of whether the Information was previously disclosed without a "Confidential" designation.

5. Any party may designate any documents or Information produced, disclosed or exchanged during discovery prior to entry of this Stipulated Protective Order, which such party considers in good faith to contain Confidential Information, as "Confidential" by informing all other parties to this action in writing. Such materials are covered by this Stipulated Protective Order.

6. The designation of Information as "Confidential" shall not be dispositive of the actual confidentiality of such material, nor shall it affect the burden of proof necessary to demonstrate the appropriateness of the designation of said material. Any dispute between the Parties as to the actual confidentiality of any particular material or Information shall be resolved pursuant to paragraphs 7, 8 and 14, infra, of this Stipulated Protective Order.

7. Unless and until a court order changing a prior "Confidential" designation is entered, the "Confidential" designation shall not be affected.

CHALLENGING DESIGNATION

8. Nothing in this Stipulated Protective Order shall prevent a party receiving Confidential Information from seeking a further order of this Court declaring that such Information shall not be subject to the provisions of this Stipulated Protective Order.

AUTHORIZED USE AND DISCLOSURE

9. All Confidential Information produced, disclosed, or exchanged in the course of this litigation shall be used by the party or parties to whom the Information is produced or disclosed solely for the purpose of this litigation, and for no other purpose.

10. Any Information that has been designated "Confidential" in accordance with paragraphs 2, 3, 4, or 5 supra, shall not be disclosed to any person without the written consent of counsel for the party producing or designating it, except that disclosure may be made to:

a. Any party to this action (except that neither the named plaintiffs nor any subsequently-named plaintiffs, nor any member of the class, in the event one is certified, shall have the right to review any other employee's confidential employment data), subject to the condition that any party to whom the Confidential Information is communicated must be advised of this protective order and be instructed and agree not to disclose the Confidential Information to any other individual or entity not entitled to receive such Information pursuant to the terms of this Stipulated Protective Order;

b. Any officer, employee, or former employee of any party who is requested by counsel to assist in the defense or prosecution of this litigation, provided, however, that disclosure of Confidential Information to said individual is made only to the extent necessary for the officer, employee, or former employee to provide such assistance and subject to the condition that any such person to whom the Confidential Information is communicated must be advised of this protective order and be instructed and agree not to disclose the Confidential Information to any other individual or entity not entitled to receive such Information pursuant to the terms of this Stipulated Protective Order;

c. Counsel retained by the parties for purposes of prosecuting or defending this litigation, and their employees, secretaries, ...


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