The opinion of the court was delivered by: Hon. Ralph Zarefsky United States Magistrate Judge
(Assigned to Hon. Gary A. Fees and Hon. Ralph Zarefsky, Magistrate)
[PROPOSED] ORDER ON STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIALITY
Plaintiff Classic Distributing and Beverage Group, Inc. ("Classic") and Defendant Travelers Casualty and Surety Company of America ("Travelers"), through their counsel of record, hereby stipulate to the following Protective Order governing the disclosure of certain private and/or proprietary documents or information that may be produced by the Parties or third parties during this litigation:
This is an insurance coverage action concerning, among other things, defense expenses incurred in defense of the Underlying Action. Classic must prove those expenses by production of defense counsel billing records. These records include the monthly billing statements of defense counsel which include details concerning defense and strategy regarding the Underlying Action. These records must be kept confidential, because they would reveal Classic's defense and strategy in other employment-related class actions. Accordingly, Under Rule 26(c)(1)(G), a protective order ("Order") is necessary to avoid any prejudice or harm in the form of loss of attorney client work product or attorney client privilege which could result if such information is disclosed in the absence of the protections set forth herein.
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 under the applicable legal principles to treatment as confidential. The Parties further acknowledge, as set forth in Section 11, below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal; Civil Local Rule 79-5.1 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. Furthermore, the Parties acknowledge that this Order is not intended to circumscribe the confidential or proprietary topics the parties may request or exchange.
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).
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 Fed. R. Civ. P. 26(c) and include all monthly billing statements and/or invoices sent by Steven W. Brennan and/or the law firm of St. John Wallace Brennan & Folan LLP, to Classic for services rendered in relation to the Underlying Action.
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" or "Highly Confidential - Attorneys' Eyes Only."
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 or medium; etc.) and their employees and subcontractors.
2.13 Confidentiality Agreement: the agreement attached as Exhibit A hereto.
2.14 Underlying Action: All proceedings under the case captioned, Amezquita v. Classic Distributing and Beverage Group, Inc., No. BC412216, Los Angeles County Superior Court.
3.1 The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or ...