United States District Court, C.D. California
JUDITH L. COOK, Plaintiff,
STANDARD INSURANCE COMPANY, an Oregon Corporation, and DOES 1 through 30, inclusive, Defendant.
NEWMEYER & DILLON LLP Robert K. Scott Attorney for
Plaintiff JUDITH COOK
MESERVE, MUMPER & HUGHES LLP Linda M. Lawson Cindy Mekari
Cindy Mekari Attorneys for Defendant STANDARD INSURANCE
CONFIDENTIALITY AGREEMENT AND PROTECTIVE
Michael R. Wilner United States Magistrate Judge.
to the stipulation of plaintiff Judith L. Cook
(“Plaintiff”) and defendant Standard Insurance
Company (“Standard”), by and through their
counsel of record, with good cause shown, IT IS HEREBY
ORDERED as follows:
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation would be warranted. Accordingly,
the parties hereby jointly move the Court to enter the
following Protective 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
extends only to the limited information or items that are
entitled under the applicable legal principles to treatment
as confidential. The parties further acknowledge, as set
forth in Section 10, below, that this Stipulated Protective
Order creates no entitlement to file confidential information
under seal; Central District Local Rule 79-5 sets forth the
procedures that must be followed and reflects the standards
that will be applied when a party seeks permission from the
Court to file material under seal.
Party: any party to this action, including all
officers, directors, employees, consultants, retained
experts, and outside counsel (and their support staff).
Disclosure or Discovery Material: all items or
information, regardless of the medium or manner generated,
stored, or maintained (including, among other things,
testimony, transcripts, or tangible things) that are produced
or generated in disclosures or responses to discovery in this
“Confidential” Information or Items:
information (regardless of how generated, stored or
maintained) or tangible things that qualify for protection
under the applicable procedural rules governing protective
“Highly Confidential - Attorneys’ Eyes
Only” Information or Items: extremely sensitive
“Confidential Information or Items” whose
disclosure to another Party or nonparty would create a
substantial risk of serious injury that could not be avoided
by less restrictive means.
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
Producing Party: a Party or non-party that produces
Disclosure or Discovery Material in this action.
Designating Party: a Party or non-party that
designates information or items that it produces in
disclosures or in responses to discovery as
“Confidential” or “Highly Confidential -
Attorneys’ Eyes Only.” 2.8 Protected
Material: any Disclosure or Discovery Material that is
designated as “Confidential” or as “Highly
Confidential - Attorneys’ Eyes Only.” 2.9
Outside Counsel: attorneys who are not employees of
a Party but who are retained to represent or advise a Party
in this action.
House Counsel: attorneys who are employees of a
Counsel (without qualifier): Outside Counsel and
House Counsel (as well as their support staffs).
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 a current employee or of a competitor of a
Party’s 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.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying;
videotaping; translating; preparing exhibits or
demonstrations; organizing, storing, retrieving data in any
form or medium; etc.) and their employees and subcontractors.
protections conferred by this Stipulation and Order cover not
only Protected Material (as defined above), but also any
information copied or extracted therefrom, as well as all
copies, excerpts, summaries, or compilations thereof, plus
any deposition testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material, other than during a court hearing or trial.
after the termination 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.
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. A Designating
Party must take care to 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.
indiscriminate, or routine designations are prohibited.
Designations that are shown to be clearly unjustified, or
that have been made for an improper purpose (e.g., to
unnecessarily encumber or retard the case development
process, or to impose unnecessary ...