United States District Court, S.D. California
WAWGD, INC. DBA FORESIGHT SPORTS, a California Corporation, Plaintiff,
SENTINEL INS. COMPANY, LTD., a Connecticut corporation, and DOES 1-100, inclusive, Defendants.
ORDER GRANTING THIRD JOINT MOTION FOR STIPULATED
PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS [ECF NO.
Bernard G. Skomal United States Magistrate Judge.
14, 2017, the parties submitted a Third Joint Motion for
Stipulated Protective Order Re: Confidential Documents. (ECF
No. 19.) The Court previously denied two prior joint motions
for stipulated protective orders due to failure to comply
with the Court's Chambers' Rules. (ECF Nos. 16, 18.)
reviewed and considered the instant motion, and good cause
appearing, the Court GRANTS the Third Joint Motion for
Stipulated Protective Order Re: Confidential Documents (ECF
No. 19) as follows:
PURPOSES AND LIMITATIONS
to the Parties' Stipulation, discovery in this action is
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 may be warranted. As the parties
acknowledge, the Court notes that this Order does not confer
blanket protections on all disclosures or responses to
discovery and that the protection it affords from public
disclosure and use extends only to the limited information or
items that are entitled to confidential treatment under the
applicable legal principles. The Court further notes, as set
forth in Section 13.3, below, that this Stipulated Protective
Order does not entitle the Parties to file confidential
information under seal; instead, the Civil Local Rules sets
forth the procedures that must be followed and the standards
that will be applied when a party seeks permission from the
court to file material under seal.
GOOD CAUSE STATEMENT
to the Parties' Stipulation and counsel's
representations to the Court therein, this action is likely
to involve the discovery of confidential, proprietary, and
trade secret policies, procedures, manuals, guidelines,
and/or standards regarding the handling of insurance claims
for which special protection from public disclosure and from
use for any purpose other than prosecution of this action is
warranted. Such confidential and proprietary materials and
information consist of, among other things, confidential
business information, information regarding confidential
business practices, or other confidential commercial
information, information otherwise generally unavailable to
the public, or which may be privileged or otherwise protected
from disclosure under state or federal statutes, court rules,
case decisions, or common law. Accordingly, to expedite the
flow of information, to facilitate the prompt resolution of
disputes over confidentiality of discovery materials, to
adequately protect information the parties are entitled to
keep confidential, to ensure that the parties are permitted
reasonable necessary uses of such material in preparation for
and in the conduct of trial, to address their handling at the
end of the litigation, and serve the ends of justice, a
protective order for such information is justified in this
matter. It is the intent of the parties that information will
not be designated as confidential for tactical reasons and
that nothing be so designated without a good faith belief
that it has been maintained in a confidential, non-public
manner, and there is good cause why it should not be part of
the public record of this case.
Action: WAWGD, Inc. v. Sentinel Ins. Co.
Ltd., S.D. Cal., Case No. 3:16-cv-02917-CAB-BGS.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c), and as specified
above in the Good Cause Statement.
Counsel: Outside Counsel of Record (as well as their
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
“CONFIDENTIAL.” 3.6 Disclosure or Discovery
Material: all items or information, regardless of the
medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony,
transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery in this
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.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this Action but are retained to
represent or advise a party to this Action and have appeared
in this Action on behalf of that party or are affiliated with
a law firm that has appeared on behalf of that party,
including support staff.
Party: any party to this Action, including all of
its officers, directors, employees, representatives,
consultants, retained experts, and Outside Counsel of Record
(and their support staffs).
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
3.14 Receiving Party: a Party that receives
Disclosure or Discovery Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
of Protected Material at trial shall be governed by the
orders of the trial judge. This Order does not govern the use
of Protected Material at trial.
case proceeds to trial, all of the court-filed information to
be introduced that was previously designated as confidential
or maintained pursuant to this protective order becomes
public and will be presumptively available to all members of
the public, including the press, unless compelling reasons
supported by specific factual findings to proceed otherwise
are made to the trial judge in advance of the trial. See
Kamakana v. City and County of Honolulu, 447 F.3d 1172,
1180-81 (9th Cir. 2006) (distinguishing “good
cause” showing for sealing documents produced in
discovery from “compelling reasons” standard when
merits-related documents are part of court record).
Accordingly, the terms of this protective order do not extend
beyond the commencement of the trial.