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Shea Homes, Inc. v. Westchester Surplus Lines Insurance Co.

United States District Court, C.D. California

November 8, 2017

SHEA HOMES, INC., a Delaware corporation, Plaintiff,
v.
WESTCHESTER SURPLUS LINES INSURANCE COMPANY, a Georgia corporation, and DOES 1 through 10, Defendant.

          Trial Dated: January 8, 2019

          Judge André Birotte

          PROTECTIVE ORDER [DISCOVERY MATTER]

          Honorable Paul L. Abrams U.S. MAGISTRATE JUDGE

         Having reviewed the Parties' Stipulation Re Protective Order, and for good cause appearing, the Court hereby enters a Protective Order as follows:

         1. Definitions.

         1.1. In this Protective Order, the words set forth below have the following meanings:

a. “Confidential Materials” means any Document, Testimony, or Information, as defined below: (i) that is produced for or disclosed to a party (Plaintiff or Defendant); (ii) that the Designating Party reasonably and in good faith believes to be entitled to confidential treatment under applicable law, and (iii) that has been designated as “Confidential Material” by the Designating Party in compliance with this Protective Order, and prior to its production. Nothing in this Protective Order shall be construed in any way to control the use, dissemination, publication, or disposition by a party of any Document, Testimony, or Information that legitimately, without breach of confidentiality, are public record or in the public domain, received at any time by that party outside the course of the discovery process in this litigation.
b. “Designating Party” means the party that designates Confidential Materials as “Confidential.”
c. “Document” or “Documents” means and includes any documents or electronically stored information as contemplated by Federal Rule of Civil Procedure 34(a), including without limitation: (i) all writings as defined in Federal Rule of Evidence 1001(a), all originals as defined in Federal Rule of Evidence 1001(e); and (ii) any copies, reproductions, or summaries of all or any part of the foregoing.
d. “Information” means the content of Documents or Testimony.
e. “Testimony” means all depositions, declarations or other testimony taken or used in this Proceeding.

         2. Designation of Confidential Material.

         2.1. All or any part of any Documents, Testimony, or Information may be designated as “Confidential Material, ” but must be clearly so designated before it is disclosed or produced. Each party or non-party that designates Documents, Testimony, or Information for protection under this Protective Order must take care to limit any such designation to specific material that qualifies under the appropriate standards, so that other portions for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routine designations are prohibited. The “Confidential” designation should not obscure or interfere with the legibility of the Document, Testimony, or Information.

a. For Documents (apart from deposition transcripts), the Designating Party must mark the words “CONFIDENTIAL” or “CONFIDENTIAL MATERIAL” on each page of any Document containing Confidential Information or, with respect to any such Document produced natively, in the Document's file name.
b. For Testimony given in depositions the party or non-party offering or sponsoring the testimony shall designate on the record, before the close of the deposition, all Confidential Information. When it is impractical to identify separately each portion of Testimony that is entitled to protection, and when it appears that substantial portions of the Testimony may qualify for protection, the party or non-party that sponsors, offers, or gives the Testimony may invoke on the record (before the deposition is concluded) a right to have up to 30 days after receipt of the transcript to identify in writing the specific portions of the Testimony as to which protection is sought. Only those portions of the Testimony that are appropriately designated for protection within the 30 days after receipt of the transcript shall be covered by the provisions of this Protective Order.

         3. Inadvertent Failure to Designate.

         3.1. If a party inadvertently produces any Document, Testimony, or Information during discovery that it considers to be “Confidential Material, ” in whole or in part, without a ...


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