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Elkin v. New York Life Insurance Company

United States District Court, C.D. California

July 10, 2017

DINA ELKIN, Plaintiff,
v.
NEW YORK LIFE INSURANCE COMPANY; and DOES 1 to 50, Inclusive, Defendants.

          Complaint Filed: October 5, 2016

          ORDER PROTECTING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

          ALEXANDER F. MACKINNON U.S. MAGISTRATE JUDGE

         ORDER OF CONFIDENTIALITY

         Good cause having been shown within the parties' Stipulation of Confidentiality of documents to be produced in this action (the “Stipulation”), the Court hereby orders that the handling of confidential, proprietary and/or trade secret documents or information in this case shall be governed by the terms of the Stipulation as follows:

         This Court, having reviewed this Stipulation and Proposed Order Protecting Confidentiality of Documents and Information (the “Stipulation and Proposed Order”) through the parties' respective counsel, being fully advised in the premises, and good cause appearing therefor, hereby orders that the Stipulation and Proposed Order is GRANTED, and enters the following Order Protecting Confidentiality of Documents and Information (“Protective Order”) on the terms set forth below:

         1. In this action, the Plaintiff, the Defendants and Long Term Care Group (collectively, the “Parties”) anticipate producing and seeking production of CONFIDENTIAL INFORMATION (as defined in Paragraph 3 below) during discovery and that there will be questioning concerning CONFIDENTIAL INFORMATION in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties' business interests and to other individuals' privacy interests. The Parties request the Court enter the within Protective Order for the purpose of preventing the disclosure and use of CONFIDENTIAL INFORMATION except as set forth herein.

         SCOPE:

         2. This Protective Order governs the handling of all documents (within the meaning of Rule 34 of the Federal Rules of Civil Procedure), testimony and all other information, including copies, excerpts, and summaries thereof produced in this action.

         DEFINITIONS:

         3. For purposes of this Protective Order, “CONFIDENTIAL INFORMATION” means any business, financial, personal and proprietary information that is not generally known to the public and that the “Producing Party” would normally maintain in confidence and not reveal to the general public, including any and all information protected by HIPAA, the HITECH Act, and regulations promulgated thereunder. Any information that is derived from CONFIDENTIAL INFORMATION also constitutes CONFIDENTIAL INFORMATION to the extent the derived information embodies, contains, or discloses any CONFIDENTIAL INFORMATION. The attorneys each agree not to designate material as “CONFIDENTIAL INFORMATION” unless he or she is satisfied that they can demonstrate good faith reasons for treating the information in this fashion. Notwithstanding the foregoing, CONFIDENTIAL INFORMATION does not include:

(a) any information which at the time of disclosure is available to the general public;
(b) any information which at the time of disclosure had already been furnished or produced to the Receiving Party outside the course of any proposed business relationship the Receiving Party may have had with the Producing Party; or
(c) any information which (i) was already known to the Receiving Party from legitimate sources outside of any business relationship the Receiving Party may have had with the Producing Party, (ii) was independently developed by the Receiving Party, or (iii) was received after the time of disclosure hereunder from a third party having the right to make such disclosure and was not required to be held in confidence.
Nothing in this Protective Order is intended either (1) to provide a party with a basis for a claim against an opposing party for disclosing to any non-party, prior to the date of disclosure in this Action, any CONFIDENTIAL INFORMATION or (2) to supersede, usurp, or replace any confidentiality obligations owed by one party to the other party or to non-parties which may have existed prior to entry of this Order.
4. For purposes of this Protective Order, “Producing Party” means a party to this action or any non-party on behalf of which information is furnished or produced during the course of this action.
5. For purposes of this Protective Order, “Receiving Party” means a party to this action or any non-party to which information is furnished or produced during the course of this action.
6. The term “documents” shall have the same meaning as set forth in Rule 34(a)(1) of the Federal Rules of Civil Procedure.

         DESIGNATION ...


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