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Berns v. Sentry Select Insurance Co.

United States District Court, C.D. California

February 26, 2014

STEVEN J. BERNS, an individual residing in the State of California, Plaintiff,
v.
SENTRY SELECT INSURANCE COMPANY, an Illinois corporation; and DOES 1 to 10, inclusive, Defendants.

ELDON S. EDSON, LAURA R. RAMOS, SELMAN BREITMAN LLP, Los Angeles, CA, Attorneys for Defendant SENTRY SELECT INSURANCE COMPANY

GOSHGARIAN & MARSHALL APC, MARK GOSHGARIAN, JOHN A. MARSHALL, MERAK ESKIGIAN, Attorney for Plaintiff STEVEN J. BERNS.

STIPULATION RE (PROPOSED) PROTECTIVE ORDER

ALICIA G. ROSENBERG, Magistrate Judge.

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES AS FOLLOWS:

WHEREAS Steven J. Berns ("Berns") is the plaintiff in this action relating to a policy of insurance issued by Sentry Select Insurance Company ("Sentry").

WHEREAS, Berns has sought the production of documents from Sentry in this action regarding Berns' claim and the Sentry policy, including but not limited to: documents from Sentry's underwriting files, underwriting guidelines, claims manuals, correspondence between Sentry and the California Department of Insurance, documents from Sentry's claim file, documents from the agents and/or brokers for the named insureds. And Sentry has indicated its intention to seek production of documents which reflect corporate and financial information from Berns and the named insureds on the Sentry policy in connection with the defense of this matter. Collectively these are referred to herein as the Documents",

WHEREAS, the Documents may consist of confidential and possibly sensitive financial information proprietary (including trade secret) information and information otherwise protected from disclosure due to its sensitive nature. Such information is referred to herein as "Confidential Information."

WHEREAS, the Parties share concerns regarding maintaining the confidentiality of the Documents, so that they are not used outside of nor disclosed or revealed to persons or entities not involved in the instant litigation; and

WHEREAS, entry of this Protective Order will permit discovery to proceed more expeditiously and with less expense;

WHEREAS Information and Matters Subject to this Stipulation and Order shall govern all Confidential Information and all information derived there from including, but not limited to, all copies, excerpts or summaries thereof.

NOW, THEREFORE, the Parties, through their undersigned counsel, stipulate to the following and request entry of an Order of the Court thereon:

I. PART ONE: USE OF PRIVACY PROTECTED/CONFIDENTIAL MATERIALS IN DISCOVERY

1. The Parties may designate as "Confidential Level I" or "Confidential Level II" (by stamping the relevant page or otherwise set forth herein) any document or response to discovery which the Parties consider in good faith to contain information involving privacy-protected information, confidential business information, proprietary information or financial information, subject to protection under Federal Rule of Civil Procedure, Rule 26(c) and other applicable law. Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be so designated.

2. By indentifying documents and information as "Confidential Level I", the producing party is indicating that although the documents and information constitute "Confidential Information", the producing party concedes that the documents and information may be filed in the Court's public file without sealing or redaction. By indentifying documents and information as "Confidential Level II", the producing party is contending that the documents and information should only be filed with the Court under seal.

3. The Parties may designate information disclosed during a deposition or in response to written discovery as "Confidential Level I" or "Confidential Level II" by so indicating in said responses or on the record at the deposition. Whether or not such testimony was designated as confidential during the deposition, all deposition testimony relating to information produced under this Protective Order shall be treated as Confidential Level I during that initial thirty (30) days after the receipt of the deposition transcript. The parties may designate in writing, within thirty (30) days after receipt of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as "Confidential Level I" or "Confidential Level II." After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the designation, and counsel for all parties shall be responsible for marking all previously unmarked copies of the designated material in their possession or control with the specified designation.

4. If a Party, through inadvertence, produces any Confidential Information to another Party without labeling or marking or otherwise designating it as such in accordance with this Protective Order, the designating Party may given written notice to the receiving Parties that the document or thing produced is deemed Confidential Information, and that the document or thing produced should be treated as such in accordance with that designation under this Protective Order. The receiving Parties must treat the materials as Confidential Information subject to this Protective Order, once the designating Party so notifies the receiving Parties. If a receiving Party has disclosed the materials before receiving the designation, the receiving Party must notify the designating Party in writing of each such disclosure. Counsel for the Parties shall agree on a mutually acceptable manner of labeling or marking the inadvertently produced material as Confidential Information.

5. If any Party produces information which another Party claims is Confidential Information without labeling or marking or otherwise designating it as such in accordance with this Protective Order, the Party claiming the information to be Confidential Information may give written notice to the receiving Parties and the producing Party that the document or thing produced is deemed Confidential Information, and that the document or thing produced should be treated as such in accordance with that designation under this Protective Order. The receiving Parties and the producing Party must treat the materials as Confidential Information subject to this Protective Order once the Party claiming the information to be confidential so notifies the receiving Parties and the producing Party. If any of the receiving Parties and/or the producing Party have disclosed the materials before receiving the designation, the receiving party or parties must notify the party claiming the information to be confidential in writing of each such disclosure. Counsel for the Parties shall agree on a mutually acceptable manner of labeling or marking the inadvertently produced material as Confidential Information,

6. All Confidential Information produced or exchanged in the course of this action (not including information that is publicly available) shall be used by the Parties solely in the prosecution of this action. "Prosecution of this action" shall mean preparation for trial of this action, including specifically, but not exclusively, pretrial discovery, mediation, trial and any appeal in this action. The Confidential Information identified herein shall not be used by the Parties for any other purpose and/or any other action.

7. The Parties shall use any Confidential Information produced or exchanged in the course of this action only pursuant to written permission and Order of the Court and as authorized in this Protective Order.

8. The Confidential Information identified herein, and the contents thereof, shall not be disclosed any person or entity except in accordance with the terms, conditions, and restrictions of this Protective Order.

9. The Confidential Information identified herein, and the contents thereof, shall not be published except in accordance with the terms, conditions, and restrictions of this Protective Order.

10. For the purposes of the Prosecution of this action, and subject to the terms, conditions, and restrictions of this Protective Order, the Confidential Information identified herein may be disclosed only to the following persons and only to the extent such persons have a ...


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