United States District Court, C.D. California
B & R LIQUID ADVENTURE, LLC, a California Limited Liability Company, and ROGER L. STANARD, Plaintiffs,
v.
TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, a foreign corporation doing business in California, and DOES 1 through 25, Defendants.
PROTECTIVE ORDER
Jean
P. Rosenbluth Magistrate Judge.
To
expedite the flow of discovery, facilitate the prompt
resolution of disputes over confidentiality, protect material
entitled to be kept confidential, and ensure that protection
is afforded only to material so entitled, pursuant to the
Court’s authority under Rule 26(c) and with the consent
of the parties to this litigation, IT IS ORDERED:
1.
Confidential Information.
The
parties to this litigation may designate as
“CONFIDENTIAL” any document, testimony,
information or material (“Confidential
Information”) disclosed through formal or informal
discovery or otherwise in the course of this litigation as
hereinafter set forth in subsections (a), (b), and (c) of
this section. Such designation shall subject the information
produced or provided under said designation to the provisions
of this Order. All or any portion of any documents,
transcripts, writings or recordings of any sort which
substantially quote or paraphrase information regarding the
Confidential Information shall also be deemed
“CONFIDENTIAL” and subject to the terms and
conditions of this Order. The parties shall act in good faith
and on a reasonable basis when designating material
“CONFIDENTIAL.”
(a) Any writing produced by any party or person in this
litigation may be designated as ”CONFIDENTIAL” by
any of the parties to this litigation by stamping the word
“CONFIDENTIAL” on the confidential portions of
the writing. Alternatively, a party may designate any writing
as “CONFIDENTIAL” by identifying any such
confidential portion by bates number and designating it as
“CONFIDENTIAL” in a letter to the opposing
party(s)’ counsel submitted with or prior to the
production of such document.
(b) At the deposition, any party to this litigation may
designate deposition testimony or any portion of deposition
testimony as “CONFIDENTIAL” by advising the
reporter and counsel of such designation. All transcripts of
depositions and deposition exhibits, and all information
addressed in deposition, shall be treated in their entirety
as Confidential Information for twenty (20) business days
after such transcripts and exhibits are actually received by
counsel for each party. During the twenty (20) day period or
thereafter, any party may designate deposition testimony or
any portion of deposition testimony as
“CONFIDENTIAL” by advising counsel of such
designation. Portions of any deposition designated
“CONFIDENTIAL” which are to be filed with the
Court shall be filed under seal, bearing substantially the
following designation: “Portions of this deposition
were taken subject to a Confidentiality Agreement. These
portions shall remain sealed until further agreement of the
parties.” Whenever any writing designated as
“CONFIDENTIAL” is identified as an exhibit in
connection with testimony given in this case, it shall be so
marked and separately filed under seal with the Court.
(c) Any party to this litigation may designate specific
responses to information requests, including requests for
production responses and interrogatory answers,
“CONFIDENTIAL” by labeling the specific response
or portion of it “CONFIDENTIAL.”
2.
Filing Under Seal.
Whenever
any Confidential Information is used or submitted to the
Court in conjunction with any filing or proceeding in this
litigation, it shall be so marked and shall be filed
separately under seal with the Court under Local Rule 79-5.
Where possible, only “CONFIDENTIAL” portions of
filings with the Court shall be filed under seal.
3.
Access to Confidential Information.
Except
upon prior written consent of the party asserting
“CONFIDENTIAL” treatment or upon further order of
a court of competent jurisdiction, Confidential Information
shall be held in strict confidence and shall be used solely
for the purposes of prosecution or defense of this
litigation. Access to Confidential Information shall be
limited to:
(a) the Court, including any Court personnel assisting the
Court, stenographers or other persons involved in taking or
transcribing court or deposition testimony in this action,
(b) the parties, attorneys representing the parties and
paralegal, clerical and secretarial employees of such
attorneys;
(c) the officers, directors, agents or employees of the
parties participating in the prosecution, defense, settlement
or ...