United States District Court, C.D. California
GORDON AND MARY FELLER, and GEORGE AND MARGARET ZACHARIA, on behalf of themselves and all others similarly situated, Plaintiffs,
TRANSAMERICA LIFE INSURANCE COMPANY, Defendant.
MARMALEFSKY SYLVIA RIVERA NANCY R. THOMAS MORRISON & FOERSTER
LLP Nancy R. Thomas Attorneys for Defendant
S. FRIEDMAN BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
Andrew S. Friedman Attorneys for Plaintiffs
HARVERY ROSENFIELD CONSUMER WATCHDOG Harvey Rosenfield
Attorneys for Plaintiffs
WILLIAM M. SHERNOFF SHERNOFF BIDART ECHEVERRIA BENTLEY LLP
William M. Shernoff Attorneys for Plaintiffs
PURPOSES AND LIMITATIONS/GOOD CAUSE
in this action is likely to involve production of
confidential and proprietary actuarial, business, technical,
and financial information as well as private information of
Plaintiffs Gordon and Mary Feller, and George and Margaret
Zacharia (collectively, "Plaintiffs") for which
special protection from public disclosure and from use for
any purpose other than prosecuting this litigation may be
warranted. Accordingly, Plaintiffs and Defendant Transamerica
Life Insurance Company ("Defendant" or
"Transamerica") hereby stipulate to and petition
the Court to enter the following Stipulated Protective Order
("Protective Order" or "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 limited information or items that are
entitled to confidential treatment under the applicable legal
principles. The parties further acknowledge, as set forth in
Section 12.3 (Filing Protected Material), below, that this
Order does not entitle them to file confidential information
under seal; Civil Local Rule 79-5 and the Court's Guide
to Electronically Filing Under Seal Documents in Civil Cases
set forth the procedures that must be followed and the
standards that will be applied when a party seeks permission
from the court to file material under seal.
Action: Gordon Feller, et al. v. Transamerica
Life Insurance Company, Case No. 2:16-cv-01378-CAS-AJW.
Challenging Party: A Party or Non-Party that
challenges the designation of information or items under this
"CONFIDENTIAL" Information or Items:
Confidential proprietary or commercially sensitive business
and financial information, trade secrets, and personal
information which is not generally known or publicly
available and which the Designating Party would not normally
reveal to third parties or information that otherwise meets
the standard for protection set forth in Rule 26(c) of the
Federal Rules of Civil Procedure. It is the intent of the
parties that information will not be designated as
confidential for tactical reasons and that nothing be so
designated without a good faith belief that it has been
maintained in a confidential non-public manner, and there is
good cause why it should not be part of the public record of
Counsel: Outside Counsel of Record and House Counsel
(as well as their support staff).
Designating Party: A Party or Non-Party that
designates information or items that it produces or that are
produced in disclosures or in response to discovery as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-
ATTORNEYS' EYES ONLY."
Disclosure or 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 disclosures or responses to
discovery in this matter.
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 current employee of a Party or a current employee of
a Party's competitor and who, at the time of retention,
is not anticipated to become an employee of a Party or a
competitor of a Party. This definition includes a
professional jury or trial consultant retained in connection
with this litigation.
"HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY"
Information or Items: Extremely sensitive
"Confidential Information or Items, " disclosure of
which to another Party or Non-Party would create a
substantial risk of serious harm that could not be avoided by
less restrictive means.
House Counsel: Attorneys who are employees of a
party to this Action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: Any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: Attorneys who are not
employees of a party to this Action but are retained to
represent or advise a party to this Action and have appeared
in this Action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party, and
includes support staff.
Party: Any party to this Action, including all of
its officers, directors, and employees.
Producing Party: A Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
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
Protected Material: Any Disclosure or Discovery
Material that is designated as "CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY."
Receiving Party: A Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties, their Counsel or their Experts that might reveal
Protected Material. Any use of Protected Material at trial
shall be governed by the orders of the trial judge. This
Order does not govern the use of Protected Material at trial.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this Action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews of this Action, including the time limits for
filing any motions or applications for extension of time
pursuant to applicable law.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material
for Protection: Each Party or Non-Party that designates
information or items for protection under this Order must
take care to limit any such designation to specific material
that qualifies under the appropriate standards. To the extent
it is practical to do so, the Designating Party must
designate for protection only those parts of material,
documents, items, or oral or written communications that
qualify so that other portions of the material, documents,
items, or communications for which protection is not
warranted are not swept unjustifiably within the ambit of
this Order. If it comes to a Designating Party's
attention that information or items that it designated for
protection do not qualify for protection, that Designating
Party must promptly notify all other Parties that it is
withdrawing the inapplicable designation.
Manner and Timing of Designations: Except as
otherwise provided in this Order (see, e.g., second
paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that
qualifies for protection under this Order must be clearly so
designated before ...