NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, a Pennsylvania corporation, Plaintiff,
ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY, an Iowa corporation, Defendant.
McCormick, Barstow, Sheppard, Wayte & Carruth LLP, Patrick Fredette, Cincinnati, OH,
McCormick, Barstow, Sheppard, Wayte & Carruth LLP, Jay A. Christofferson, Fresno, California, Attorneys for Plaintiff, National Union Fire Insurance Company of Pittsburgh, PA.
MECKLER BULGER TILSON MARICK & PEARSON LLP, Karen L. Uno, Renee C. Callantine, Attorneys for Defendant, Allied Property and Casualty Insurance Company.
STIPULATED PROTECTIVE ORDER REGARDING DOCUMENTS PRODUCED BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
KENDALL J. NEWMAN, Magistrate Judge.
WHEREAS Plaintiff, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ("National Union"), has agreed to produce certain documents responsive to Defendant, ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY's ("Allied"), Request for Production of Documents, Set One.
WHEREAS the documents in question contain information that National Union considers to be proprietary, private, and/or confidential, the propriety, privacy and confidentiality of which it wishes to maintain.
IT IS HEREBY AGREED THAT:
1. In order to both provide Allied with information and documents responsive to its Request for Production, Set One, and to protect the proprietary, private and/or confidential nature of the information contained therein, the parties hereby designate the following documents to be "confidential information" for purposes of the above-captioned litigation:
(a) Underwriting materials relating to National Union Commercial Excess Liability Policy No. EBU XXXXXXXXX issued to Brewer Refrigeration Heating & Air Conditioning.
(b) Underwriting materials, if any, relating to any other National Union policy issued to Brewer Refrigeration Heating & Air Conditioning for the period 2005-2011.
2. Additional documents and information which are to be considered confidential under this Stipulated Protective Order may be so designated by writing, typing, stamping or otherwise affixing the legend "CONFIDENTIAL" (and such other and further legend as may reasonably be included to specify such confidentiality) on copies of the document(s). Stamping such legend on the cover or first page of any multi-page document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party. Confidential documents and information may also be so designated after production by written communication specifying what documents are to be so considered.
3. The inadvertent or unintentional disclosure of confidential information shall not be deemed a waiver in whole or in part of a party's claim of confidentiality. Any such inadvertently or unintentionally disclosed confidential information shall be designated as confidential information as soon as reasonably possible after the producing party becomes aware of the inadvertent or unintentional disclosure.
4. Portions of transcripts of depositions in which any confidential information is quoted, paraphrased, discussed or referred to, or in which the subject matter covered by any confidential information is discussed or referred to, shall be subject to the same confidential treatment as provided herein for the underlying confidential information, and shall be designated as confidential. The court reporter will include in the transcripts the words "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" on all pages that have been designated as containing confidential information. Requests for such confidential treatment may be made at the time of the deposition or thereafter. Any deposition exhibits that contain or constitute confidential information shall likewise be so understood and shall not be provided to anyone other than the parties' attorneys and experts, as explained below.
5. Information designated as "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" under this Stipulated Protective Order, and any summaries, copies, abstracts or other documents derived in whole or in part from information so designated as confidential, shall be used only by the parties to this action, for the purpose of the prosecution, defense or settlement of the claims asserted in this action, any pre-trial, trial, re-trial and/or appeal of this action, and only in accordance with the provisions of this Stipulated Protective Order. ...