LEHMAN COMMERCIAL PAPER INC., a New York corporation, Plaintiff,
FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, Defendant. AND RELATED Third-Party Action.
THOMAS E. GIBBS (BAR NO. 93819), BRIAN R. BAUER (BAR NO. 238368), ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, Irvine, California, Attorneys for Plaintiff, LEHMAN COMMERCIAL PAPER INC.
MICHAEL G. KING, RONALD K. GILLER, Attorneys for Defendant and Third-Party Plaintiff FIDELITY NATIONAL TITLE INSURANCE COMPANY.
WILLIAM P. DONOVAN, JR., RACHEL E.K. LOWE, Attorneys for Third-Party Defendant FIRST AMERICAN TITLE INSURANCE COMPANY.
PROPOSED ORDER GOVERNING THE DESIGATION AND HANDLING OF CONFIDENTIAL MATERIALS
ARTHUR NAKAZATO, Magistrate Judge.
Plaintiff Lehman Commercial Paper, Inc. ("LCPI"), Defendant and Third-Party Plaintiff Fidelity National Title Insurance Company ("Fidelity") and Third-Party Defendant First American Title Insurance Company ("First American"), by and through their respective counsel of record, hereby stipulate to, and request that the Court enter, the following Stipulated Order Governing the Designation and Handling of Confidential Materials (the "Order"):
1. PURPOSES AND LIMITATIONS.
Discovery activity in this action may involve production of confidential, pro-prietary, competitively sensitive, or private information for which special protection from public disclosure or use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter this Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the information or items that are entitled to confidential treatment under the applicable legal principles.
2.1 "Challenging Party": A Party or Non-Party that challenges the designation of information or items under this Order.
2.2 "Confidential Information": Information or tangible documents or things (regardless of how generated, stored or maintained) that contain confidential, proprietary, or competitively sensitive information or otherwise qualify for protection against disclosure or use under federal law and any other applicable law, that may be designated as "CONFIDENTIAL."
2.3 "Counsel": Outside Counsel.
2.4 "Designating Party": A party or non-party that designates information or items as "CONFIDENTIAL."
2.5 "Discovery Material": All items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in responses to discovery in this matter.
2.6 "Expert": a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Named Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a current employee of a competitor of a Named Party, and (3) at the time of retention, is not anticipated to become an employee of a competitor of a Named Party.
2.7 "Named Party": LCPI, Fidelity and First American or any one or more of them.
2.8 "Non-Party": any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.
2.9 "Outside Counsel": attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action, along with such attorneys' support staff.
2.10 "Party": any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel (and their support staffs).
2.11 "Producing Party": a Party or Non-Party that produces Discovery Material in this action.
2.12 "Professional Vendors": persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.13 "Designated Material": any Discovery Material or other Confidential Information that is designated as "CONFIDENTIAL."
2.14 "Receiving Party": a Party that receives Discovery Material from a Producing Party.
The protections conferred by this Order cover all Designated Material (as defined above), and (1) any information copied or extracted from Designated Material; (2) all copies, excerpts, summaries, or compilations of Designated Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Designated Material. However, the protections conferred by this Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after ...