United States District Court, S.D. California
PHILADELPHIA INDEMNITY INSURANCE COMPANY, a Pennsylvania corporation, Plaintiff,
GOTHAM MANAGEMENT, LLC, a New York corporation; and DOES 1 through 10, Defendants. AND RELATED COUNTER-ACTION
ORDER GRANTING JOINT MOTION FOR PROTECTIVE
ORDER-CONFIDENTIAL DESIGNATION ONLY [DKT. NO. 33]
Nita L. Stormes United States Magistrate Judge
Court, having read the Stipulation and Proposed Protective
Order regarding Confidential Designation Only entered into by
counsel for PHILADELPHIA INDEMNITY INSURANCE COMPANY and
GOTHAM MANAGEMENT, LLC, cause appearing therefore, IT IS
following stipulated protective order is approved and is
hereby adopted as the Order of this Court:
HEREBY STIPULATED by and between the undersigned parties
(collectively, the “Parties” or individually as a
“Party”), by and through their respective counsel
of record, that in order to facilitate the exchange of
information and documents which may be subject to
confidentiality limitations on disclosure due to federal
laws, state laws, and privacy rights, the Parties stipulate
this Stipulation and Protective Order, the words set forth
below shall have the following meanings:
a. “Proceeding” means the above-entitled
proceeding, Case No. 16-CV-00673 NLS JMA.
b. “Court” means the Hon. Nita L. Stormes, or any
other judge to which this Proceeding may be assigned,
including Court staff participating in such proceedings.
c. “Confidential” means any information which is
in the possession of a Designating Party who believes in good
faith that such information is entitled to confidential
treatment under applicable law.
d. “Confidential Materials” means any Documents,
Testimony or Information as defined below designated as
“Confidential” pursuant to the provisions of this
Stipulation and Protective Order.
e. “Designating Party” means the Party that
designates Materials as “Confidential.”
f. “Disclose” or “Disclosed” or
“Disclosure” means to reveal, divulge, give, or
make available Materials, or any part thereof, or any
information contained therein.
g. “Documents” means (i) any “Writing,
” “Original, ” and “Duplicate”
as those terms are defined by Federal Rules of Evidence, Rule
1001 (a) and Federal Rule of Civil Procedure 34, which have
been produced in discovery in this Proceeding by any person,
and (ii) any copies, reproductions, or summaries of all or
any part of the foregoing.
h. “Information” means the content of Documents
i. “Testimony” means all depositions,
declarations or other testimony taken or used in this
Designating Party shall have the right to designate as
“Confidential” any Documents, Testimony or
Information that the Designating Party in good faith believes
to contain non-public information that is entitled to
confidential treatment under applicable law.
entry of this Stipulation and Protective Order does not
alter, waive, modify, or abridge any right, privilege or
protection otherwise available to any Party with respect to
the discovery of matters, including but not limited to any
Party's right to assert the attorney-client privilege,
the attorney work product doctrine, or other privileges, or
any Party's right to contest any such assertion.
Documents, Testimony or Information to be designated as
“Confidential” must be clearly so designated
before the Document, Testimony or Information is Disclosed or
produced. The parties may agree that the case name and number
are to be part of the “Confidential” designation.
The “Confidential” designation should not obscure
or interfere with the legibility of the designated
Documents (apart from transcripts of depositions or other
pretrial or trial proceedings), the Designating Party must
affix the legend “Confidential” on each page of