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Philadelphia Indemnity Insurance Co. v. Gotham Management, LLC

United States District Court, S.D. California

April 5, 2017

PHILADELPHIA INDEMNITY INSURANCE COMPANY, a Pennsylvania corporation, Plaintiff,
v.
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]

          Hon. Nita L. Stormes United States Magistrate Judge

         The 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 HEREBY ORDERED:

         The following stipulated protective order is approved and is hereby adopted as the Order of this Court:

         IT IS 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 as follows:

         1. In 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 or Testimony.
i. “Testimony” means all depositions, declarations or other testimony taken or used in this Proceeding.

         2. The 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.

         3. The 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.

         4. Any 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 Information.

         a. For Documents (apart from transcripts of depositions or other pretrial or trial proceedings), the Designating Party must affix the legend “Confidential” on each page of any ...


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