THE CONTINENTAL INSURANCE COMPANY, as successor-in-interest to certain liabilities of Harbor Insurance Company, Plaintiff,
UNITED STATES FIRE INSURANCE COMPANY, as successor-in-interest to Industrial Indemnity Company, ASSOCIATED ELECTRIC & GAS SERVICES LIMITED, and DOES 1 THROUGH 10 INCLUSIVE, Defendant.
ELENIUS FROST & WALSH, Brian W. Walsh (State Bar Number 126483), San Francisco, California, BERKES CRANE ROBINSON & SEAL LLP, Steven M. Crane (SBN 108930), Los Angeles, California, Attorneys for Plaintiff, THE CONTINENTAL INSURANCE COMPANY, as successor-in-interest to certain liabilities of Harbor Insurance Company.
RIVKIN RADLER LLP, Steven Zuckermann, Attorneys for Defendant, ASSOCIATED ELECTRIC & GAS INSURANCE SERVICE LIMITED.
WOOLLS & PEER, JEFFREY A. DOLLINGER, Attorneys for Defendant, Industrial Indemnity Company, by United States Fire Insurance Company pursuant to May 27, 2005 Order of the Superior Court of Los Angeles, Case No. BX083582.
STIPULATED PROTECTIVE ORDER RE: NONDISCLOSURE OF CONFIDENTIAL DOCUMENTS AND ORDER THEREON
PRECY ANDERSON, District Judge.
WHEREAS, The Continental Insurance Company ("Continental"), Industrial Indemnity Company, by United States Fire Insurance Company ("U.S. Fire") and Associated Electric & Gas Services Limited ("AEGIS") (collectively "Parties) have sought or may seek the discovery of information and/or documents in this action that the Parties may contend are subject to the attorney-client privilege or any other such privilege, or are confidential and proprietary;
NOW THEREFORE, Continental, U.S. Fire and AEGIS, by and through their undersigned counsel, hereby agree and stipulate to the following terms and conditions:
1. As used herein, the term "CONFIDENTIAL INFORMATION" means: (a) any type of non-public research, development, financial, technical, or commercial information and other such related communications that the disclosing party believes in good faith has not been made generally available to the public and the disclosure of which arguably could waive an attorney-client privilege or any other privilege under which such information falls, or harm its business operations or interests, and (b) data and communications pertaining to such CONFIDENTIAL INFORMATION, including but not limited to any summaries, compilations, quotes, or paraphrases thereof as well as letters and e-mail correspondences.
2. As used herein, the term "DOCUMENT" and "DOCUMENTS" mean documents and writings as defined in FRCP 34.
DESIGNATION OF CONFIDENTIAL INFORMATION
3. This Stipulation and Order applies to all discovery responses and other materials containing CONFIDENTIAL INFORMATION disclosed in this action that are designated by a party as "CONFIDENTIAL" as it is defined below, whether such disclosure is by order of the Court or by response to questions in depositions, written interrogatories, requests for the production of documents and other tangible things, requests for admission, or any other discovery undertaken in this action.
4. Continental, U.S. Fire and AEGIS may protect information they believe constitutes CONFIDENTIAL INFORMATION by designating such information as "CONFIDENTIAL" before or at the time of disclosure of such information. Such designation shall be accomplished by placing the notation "Confidential-Contains Information Subject to Protective Order" (hereinafter "CONFIDENTIAL") on each DOCUMENT, or the first page of every multi-page DOCUMENT or portion thereof so designed in a manner that will not interfere with legibility or audibility. In the case of CONFIDENTIAL INFORMATION disclosed in a non-paper medium, e.g., videotape, audiotape, computer disks, etc., the CONFIDENTIAL notation shall be affixed to the outside of the medium or its container so as to clearly give notice of the designation. Such designation is deemed to apply to the DOCUMENT itself and to the CONFIDENTIAL INFORMATION contained therein.
5. The Parties shall use reasonable care to avoid designating any materials as CONFIDENTIAL INFORMATION that are not entitled to such designation or that are generally available to the public.
6. If at any time prior to the trial of this action, a party realizes that some portion(s) of DOCUMENTS containing CONFIDENTIAL INFORMATION, or any information contained therein, was produced without a confidentiality designation when that material is entitled to be designated as CONFIDENTIAL by that party or entity, that party may so designate such DOCUMENTS by apprising all parties, as soon as possible, in writing of the new designation, and such designated portion(s) of the DOCUMENTS will thereafter be treated as CONFIDENTIAL, under the terms of this Stipulation and Order, unless the provisions of paragraph 11 apply. Once a party receives notice of the claimed re-designation under this paragraph, that party shall make reasonable efforts to minimize the effect of any prior distribution of the materials to persons or entities not entitled to receive such ...