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Federal Insurance Company, An Indiana Corporation v. Aletheia Research & Management

May 22, 2012

FEDERAL INSURANCE COMPANY, AN INDIANA CORPORATION, PLAINTIFF,
v.
ALETHEIA RESEARCH & MANAGEMENT, INC., A CALIFORNIA CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Hon. Paul L. Abrams United States Magistrate Judge

AMENDED STIPULATED CONFIDENTIALITY ORDER Complaint Filed: November 3, 2011 [PROPOSED] AMENDED STIPULATED CONFIDENTIALITY ORDER

1. PURPOSES AND LIMITATIONS

1.1 Good Cause Statement

As set forth in the accompanying Stipulation filed by Federal and Aletheia, which is incorporated herein as though fully set forth, disclosure and discovery activity in this action are likely to involve the production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted, including the production of:

 Proprietary business models and investment strategies, as well as private financial information. Federal Rule of Civil Procedure 26(c)(1)(G) (The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: [.] (G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way[.]")

 Confidential settlement discussions and agreements. See, e.g.,

Phillips v. GMC, 307 F.3d 1206, 1212 (9th Cir. 2002) ("courts have granted protective orders to protect confidential settlement agreements").

Further, Federal seeks discovery of documents produced in the Boskovich v. Aletheia litigation, Los Angeles Superior Court case no. BC 398381 (consolidated with SC 100238, and collectively referred to herein as "the Underlying Actions"), some of which have been designated as confidential and must be treated as such pursuant to the April 6, 2009 protective order entered there (attached hereto as Exhibit A-1).

1.2 Agreement and Acknowledgment

By signing this Stipulation, the Parties agree that documents designated as confidential in the Underlying Actions shall also be treated as Protected Material, as defined in Section 2.7 below, in the instant action. As such, all of the rights, obligations, and responsibilities concerning the treatment of Protected Material, as set forth below, shall apply equally to those documents designated as confidential in the Underlying Actions.

However, the Parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The Parties further acknowledge, as set forth in Section 10, below, that this Order creates no entitlement to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the court to file material under seal.

2. DEFINITIONS

2.1 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff) (collectively, "the Parties").

2.2 Disclosure or Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

2.3 "Confidential" Information or Items: information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.Civ.P. 26(c) which is designated by a producing party as "Confidential".

2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.

2.6 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential."

2.7 Protected Material: any Disclosure or Discovery Material that is designated as "Confidential."

2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action.

2.9 House Counsel: attorneys who are employees of a Party.

2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs).

2.11 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who is not a past or a current employee of a Party or of a competitor of a Party's and who, at the time of retention, is not anticipated to become an employee of a Party or a competitor of a Party's. This definition includes a professional jury or trial consultant retained in connection with this litigation.

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form ...


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