distinguishing “good cause” showing for sealing 9 || documents produced in discovery from “compelling reasons” standard when merits- 10 || related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing 9 || documents produced in discovery from “compelling reasons” standard when merits- 10 || related documents are part of court record
Written by the judges who cited it.
The opinion
1
2
3
4
5
6
7
8
9
10
11
12
13 UNITED STATES DISTRICT COURT
14 CENTRAL DISTRICT OF CALIFORNIA
15 | MICHAEL K. HAMRA, as trustee on Case No. 2:18-cv-06262-CAS-GJSx
16 ||behalf of the SAM F. HAMRA, JR. AND
7 □□□ HAMRA IRREVOCABLE [PROPOSED] ORDER GRANTING
13 ° ORDER PROTECTIVE
19 Plaintiff,
50 Vv. Tiddee Gail Standish] to Magistrate
SENSU
Defendants Complaint Filed: July 19, 2018
24
25
26
27
28
1 || 1. PURPOSES AND LIMITATIONS/GOOD CAUSE STATEMENT
2 Discovery in this action is likely to involve production of confidential and
3 || proprietary actuarial, business, technical, private, and financial information by
4 || Plaintiff Michael K. Hamra, as trustee on behalf of the Sam F. Hamra, Jr. and June
5 || S. Hamra Irrevocable Trust (“Plaintiff”) and Defendant Transamerica Life
6 || Insurance Company (“TLIC”) for which special protection from public disclosure
7 || and from use for any purpose other than prosecution of this litigation may be
8 || warranted. Accordingly, Plaintiff and TLIC hereby stipulate to and petition the
9 || Court to enter the following Stipulated Protective Order (“Order’’). The parties
10 || acknowledge that this Order does not confer blanket protections on all disclosures
11 || or responses to discovery and that the protection it affords from public disclosure
12 || and use extends only to the limited information or items that are entitled to
13 || confidential treatment under the applicable legal principles. The parties further
14 || acknowledge, as set forth in Section 12.3 (Filing Protected Material), below, that
15 || this Protective Order does not entitle them to file confidential information under
16 || seal; Local Civil Rule 79-5 and the Court’s Guide to Electronically Filing Under
17 || Seal Documents in Civil Cases set forth the procedures that must be followed and
18 || the standards that will be applied when a party seeks permission from the Court to
19 || file material under seal.
20 There is a strong presumption that the public has a right of access to judicial
21 || proceedings and records in civil cases. In connection with non-dispositive motions,
22 || good cause must be shown to support a filing under seal. See Kamakana v. City
23 || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
24 || Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
25 || Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999), and a specific showing of
26 || good cause or compelling reasons with proper evidentiary support and legal
27 || justification, must be made with respect to Protected Material that a party seeks to
28 || file under seal. The parties’ mere designation of Disclosure or Discovery Material
1 || as CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY
2 || does not—without the submission of competent evidence by declaration
3 || establishing that the material sought to be filed under seal qualifies as confidential,
4 | privileged, or otherwise protectable—constitute good cause.
5 Further, if a party requests sealing related to a dispositive motion or trial,
6 || then compelling reasons, not only good cause, for the sealing must be shown, and
7 || the relief sought shall be narrowly tailored to serve the specific interest to be
8 || protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir.
9 || 2010). For each item or type of information, document, or thing sought to be filed
10 || or introduced under seal in connection with a dispositive motion or trial, the party
11 || seeking protection must articulate compelling reasons, supported by specific facts
12 || and legal justification, for the requested sealing order. Again, competent evidence
13 || supporting the application to file documents under seal must be provided by
14 || declaration.
15 Any document that is not confidential, privileged, or otherwise protectable in
16 || its entirety will not be filed under seal if the confidential portions can be redacted.
17 || If documents can be redacted, then a redacted version for public viewing, omitting
18 || only the confidential, privileged, or otherwise protectable portions of the document,
19 || shall be filed. Any application that seeks to file documents under seal in their
20 || entirety should include an explanation of why redaction is not feasible.
21 | 2. DEFINITIONS
22 2.1 Acknowledgment: the “Acknowledgment and Agreement to be
23 || Bound” form attached as Exhibit A to this Order.
24 2.2 Action: Michael K. Hamra, as trustee on behalf of the Sam F. Hamra,
25 || Jr. and June S. Hamra Irrevocable Trust v. Transamerica Life Insurance Company,
26 || a corporation, and Does 1-30, Case No. 2:18-06262-CAS-GJSx.
27 2.3. Challenging Party: A Party or Non-Party that challenges the
28 || designation of information or items under this Order.
1 2.4 “CONFIDENTIAL” Information or Items: Proprietary or
2 || commercially sensitive business and financial information, trade secrets, and
3 || personally identifying information (2) which is not generally known or publicly
4 | available and (3) which the Designating Party would not normally reveal to third
5 || parties. It is the intent of the parties that information will not be designated as
6 || confidential for tactical reasons and that nothing be so designated without a good
7 || faith belief that it meets the definition set forth in this paragraph, and there is good
8 || cause why it should not be part of the public record of this Action.
9 2.5 Counsel: Outside Counsel of Record and House Counsel (including
10 || support staff).
11 2.6 Designating Party: A Party or Non-Party that designates information or
12 || items that it produces or that are produced in disclosures or in response to discovery
13 || as “CONFIDENTIAL” Or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
14 | ONLY.”
15 2.7. Disclosure or Discovery Material: All items or information, regardless
16 || of the medium or manner in which it is generated, stored, or maintained (including,
17 || among other things, testimony, transcripts, and tangible things), that are produced
18 || or generated in disclosures or responses to discovery in this matter.
19 2.8 Expert: A person with specialized knowledge or experience in a matter
20 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
21 || an expert witness or as a consultant in this Action and who 1s not a past or current
22 || employee of a Party or a current employee of a Party’s competitor and who, at the
23 || time of retention, is not anticipated to become an employee of a Party or a
24 || competitor of a Party. This definition includes a professional jury or trial
25 || consultant retained in connection with this litigation.
26 2.9 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY”
27 || Information or Items: Extremely sensitive “Confidential Information or Items,”
28
1 || disclosure of which to another Party or Non-Party would create a substantial risk of
2 || serious harm that could not be avoided by less restrictive means.
3 2.10 House Counsel: Attorneys who are employees for a Party. House
4 | Counsel does not include Outside Counsel of Record or any other outside counsel.
5 2.11 Non-Party: Any natural person, partnership, corporation, association,
6 || or other legal entity not named as a Party to this action.
7 2.12 Outside Counsel of Record: Attorneys who are not employees of a
8 || party to this Action but are retained to represent or advise a party to this Action and
9 || have appeared in this Action on behalf of that party or are affiliated with a law firm
10 || that has appeared on behalf of that party (including support staff).
11 2.13 Party: Any party to this Action, including its House Counsel, officers,
12 || directors, employees, consultants, and retained experts.
13 2.14 Producing Party: A Party or Non-Party that produces Disclosure or
14 || Discovery Material in this Action.
15 2.15 Professional Vendors: Persons or entities that provide litigation
16 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 || demonstrations, and organizing, storing or retrieving data in any form or medium)
18 || and their employees and subcontractors.
19 2.16 Protected Material: Any Disclosure or Discovery Material that is
20 || designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’
21 || EYES ONLY.”
22 2.17 Receiving Party: A Party that receives Disclosure or Discovery
23 || Material from a Producing Party.
24/3. SCOPE
25 The protections conferred by this Order cover not only Protected Material (as
26 || defined above), but also any information copied or excerpted from Protected
27 || Material. Any use of Protected Material at trial shall be governed by the orders of
28 || the trial judge. This Order does not govern the use of Protected Material at trial.
1 || 4. DURATION
2 Once a case proceeds to trial, information that was designated as
3 || CONFIDENTIAL, HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY, or
4 || maintained pursuant to this protective order, that 1s used or introduced as an exhibit
5 || at trial becomes public and will be presumptively available to all members of the
6 || public, including the press, unless compelling reasons supported by specific factual
7 || findings to proceed otherwise are made to the trial judge in advance of the trial. See
8 || Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
9 || documents produced in discovery from “compelling reasons” standard when merits-
10 || related documents are part of court record). Accordingly, the terms of this
11 || protective order do not extend beyond the commencement of the trial.
12 5. DESIGNATING PROTECTED MATERIAL
13 5.1 Exercise of Restraint and Care in Designating Material for Protection.
14 || Each Party or Non-Party that designates information or items for protection under
15 || this Order must take care to limit any such designation to specific material that
16 || qualifies under the appropriate standards. The Designating Party must designate for
17 || protection only those parts of material, documents, items or oral or written
18 || communications that qualify so that other portions of the material, documents,
19 || items or communications for which protection is not warranted are not swept
20 || unjustifiably within the ambit of this Order. To the extent it is practical to do so,
21 || the Designating Party must do the same for information produced in some form
22 || other than documentary and for any other tangible items.
23 Mass, indiscriminate or routinized designations are prohibited. Designations
24 || that are shown to be clearly unjustified or that have been made for an improper
25 || purpose (e.g., to unnecessarily encumber the case development process or to
26 || impose unnecessary expenses and burdens on other parties) may expose the
27 || Designating Party to sanctions.
28
l If it comes to a Designating Party’s attention that information or items that it
2 || designated for protection do not qualify for protection, that Designating Party must
3 || promptly notify all other Parties that it is withdrawing the inapplicable designation
4 | and reproduce that information without a “CONFIDENTIAL” or “HIGHLY
5 | CONFIDENTIAL-ATTORNEYS’ EYES ONLY” designation.
6 5.2 Manner and Timing of Designations. Except as otherwise provided in
7 || this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
8 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
9 || under this Order must be clearly so designated before the material is disclosed or
10 || produced. Designation in conformity with this Order requires:
11 (a) for information in documentary form (e.g., paper or electronic
12 || documents, but excluding transcripts of depositions or other pretrial or trial
13 || proceedings), that the Producing Party affix at a minimum, the legend
14 | “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
15 || ONLY,” to each page that contains protected material. If only a portion of the
16 || material on a page qualifies for protection, the Producing Party also must clearly
17 || identify the protected portion(s) (e.g., by making appropriate markings in the
18 || margins).
19 A Party or Non-Party that makes original documents available for
20 || inspection need not designate them for protection until after the inspecting Party
21 || has indicated which documents it would like copied and produced. During the
22 || inspection and before the designation, all of the material made available for
23 || inspection shall be deemed “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
24 || ONLY.” After the inspecting Party has identified the documents it wants copied
25 || and produced, the Producing Party must determine which documents, or portions
26 || thereof, qualify for protection under this Order. Then, before producing the
27 || specified documents, the Producing Party must affix the legend
28 || “CONFIDENTIAL’ or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
1 || ONLY” to each page that contains Protected Material. If only a portion of the
2 || material on a page qualifies for protection, the Producing Party also must clearly
3 || identify the protected portion(s) (e.g., by making appropriate markings in the
4 || margins).
5 (b) any Party may designate as Protected Material testimony given in a
6 || deposition or in other pretrial or trial proceedings by informing the reporter during
7 || the deposition or by sending a letter to all Outside Counsel of Record and to the
8 || deposition reporter designating by page and line any portions of the transcript to be
9 || so restricted, or the entire transcript if applicable, within thirty (30) days after
10 || receiving the deposition transcript and specifying the level of protection being
11 || asserted.
12 During this 30-day period, a transcript will be treated as if it had been
13 || designated “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” in its
14 || entirety unless otherwise agreed. After the expiration of that period, the transcript
15 || shall be treated only as actually designated.
16 When deposition testimony is designated Protected Material by informing the
17 || reporter during the deposition, the transcript containing Protected Material shall
18 || have an obvious legend on the title page that the transcript contains Protected
19 || Material, and the title page shall be followed by a list of all pages (including line
20 || numbers) that have been designated as Protected Material and the level of
21 || protection being asserted by the Designating Party. The Designating Party shall
22 || inform the court reporter of these requirements.
23 Parties shall give the other parties notice if they reasonably expect a
24 || deposition, hearing, or other proceeding to include Protected Material so that the
25 || other parties can ensure that only authorized individuals who signed the
26 || Acknowledgment are present at those proceedings. The use of a document as an
27 || exhibit at a deposition shall not in any way affect its designation as
28
1 |) “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
2 || ONLY.”
3 (c) for information produced in some form other than documentary and
4 | for any other tangible items, that the Producing Party affix in a prominent place on
5 || the exterior of the container or containers in which the information is stored the
6 || legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’
7 || EYES ONLY.” If only a portion or portions of the information warrants protection,
|| the Producing Party, to the extent practicable, shall identify the protected portion(s).
9 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
10 || failure to designate qualified information or items does not, standing alone, waive
11 || the Designating Party’s right to secure protection under this Order for such
12 || material. Upon timely correction of a designation, the Receiving Party must make
13 || reasonable efforts to assure that the material is treated in accordance with the
14 || provisions of this Order after the Designating Party reproduces the Protected
15 || Material with appropriate “CONFIDENTIAL” designations.
16 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
17 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
18 || designation of confidentiality at any time. Unless a prompt challenge to a
19 || Designating Party’s confidentiality designation is necessary to avoid foreseeable,
20 || substantial unfairness, unnecessary economic burdens, or a significant disruption or
21 || delay of the litigation, a Party does not waive its right to challenge a confidentiality
22 || designation by electing not to mount a challenge promptly after the original
23 || designation is disclosed.
24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
25 || resolution process under Local Rule 37-1. In conferring, the Challenging Party
26 || must explain the basis for its belief that the confidentiality designation was not
27 || proper and must give the Designating Party an opportunity to review the designated
28
1 || material, to reconsider the circumstances, and, if no change in designation is
2 || offered, to explain the basis for the chosen designation.
3 6.3. The burden of persuasion in any such challenge proceeding shall be on
4 | the Designating Party. Frivolous designations or challenges, and those designations
5 || or challenges made for an improper purpose (e.g., to harass or impose unnecessary
6 || expenses and burdens on other parties) may expose the respective Designating
7 || Party or Challenging Party to sanctions. Unless the Designating Party has waived
8 || or withdrawn the confidentiality designation, all parties shall continue to afford the
9 || material in question the level of protection to which it is entitled under the
10 || Designating Party’s designation until the Court rules on the challenge.
11 |) 7. ACCESS TO AND USE OF PROTECTED MATERIAL
12 7.1. Basic Principles. A Receiving Party may use Protected Material that is
13 || disclosed or produced by another Party or by a Non-Party in connection with this
14 || Action only for prosecuting, defending or attempting to settle this Action. Such
15 || Protected Material may be disclosed only to the categories of persons and under the
16 || conditions described in this Order. When the Action has been terminated, a
17 || Receiving Party must comply with the provisions of section 13 below (FINAL
18 || DISPOSITION). Protected Material must be stored and maintained by a Receiving
19 || Party at a location and in a secure manner that ensures that access is limited to the
20 || persons authorized under this Order.
21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
22 || otherwise ordered by the Court or permitted in writing by the Designating Party, a
23 || Receiving Party may disclose any information or item designated
24 || “CONFIDENTIAL” only to:
25 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
26 || well as employees of said Outside Counsel of Record to whom it is reasonably
27 || necessary to disclose the information for this Action;
28
l (b) the Receiving Party, including officers, directors, and employees
2 || (including House Counsel) of the Receiving Party to whom disclosure is reasonably
3 || necessary for this Action;(c) the Designating Party, including officers, directors,
4 | and employees (including House Counsel) of the Designating Party to whom
5 || disclosure is reasonably necessary for this Action;
6 (d) Experts (as defined in this Order) of the Receiving Party to whom
7 || disclosure is reasonably necessary for this Action and who signed the
8 || Acknowledgment;
9 (e) the Court and its personnel;
10 (f) court reporters and their staff;
11 (g) professional jury or trial consultants, mock jurors, and Professional
12 || Vendors to whom disclosure is reasonably necessary for this Action;
13 (h) the author or recipient of a document containing the information or
14 || a custodian or other person who otherwise possessed or knew the information;
15 (1) during their depositions, witnesses, and attorneys for witnesses, in
16 || the Action to whom disclosure is reasonably necessary provided: (1) the deposing
17 || party requests that the witness sign the Acknowledgment; and (2) they will not be
18 || permitted to keep any confidential information unless they sign the
19 || Acknowledgment, unless otherwise agreed by the Designating Party or ordered by
20 || the Court; and
21 (j) any mediator or settlement officer, and their supporting personnel,
22 || mutually agreed upon by any of the parties engaged in settlement discussions and
23 || who have signed the Acknowledgment.
24 7.3. Disclosure of “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
25 || ONLY Information or Items. Unless otherwise ordered by the Court or permitted
26 || in writing by the Designating Party, a Receiving Party may disclose any
27 || information or item designated “HIGHLY CONFIDENTIAL-ATTORNEYS’
28 || EYES ONLY” only to:
10
l (a) the Receiving Party’s Outside Counsel of Record in this Action, as
2 || well as employees of said Outside Counsel of Record to whom it is reasonably
3 || necessary to disclose the information for this Action;
4 (b) Experts (as defined in this Order) of the Receiving Party to whom
5 || disclosure is reasonably necessary for this Action and who have signed the
6 || Acknowledgment;
7 (c) the Designating Party, including officers, directors, and employees
8 || G@ncluding House Counsel) of the Designating Party to whom disclosure is
9 || reasonably necessary for this Action;
10 (d) the Court and its personnel;
11 (e) court reporters and their staff;
12 (f) professional jury or trial consultants, mock jurors, and Professional
13 || Vendors to whom disclosure is reasonably necessary for this Action;
14 (g) the author or recipient of a document containing the information or
15 || a custodian or other person who otherwise possessed or knew the information;
16 (h) during their depositions, witnesses, and attorneys for witnesses, in
17 || the Action to whom disclosure is reasonably necessary provided the witness signs
18 || the Acknowledgment; and
19 (i) any mediator or settlement officer, and their supporting personnel,
20 || mutually agreed upon by any of the parties engaged in settlement discussions and
21 || who have signed the Acknowledgment.
22 | 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
23 PRODUCED IN OTHER LITIGATION
24 If a Party is served with a subpoena or a court order issued in other litigation
25 || that compels disclosure of any information or items designated in this Action as
26 || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
27 || ONLY” that Party must:
28
11
1 (a) promptly notify in writing the Designating Party. Such notification shall
2 || include a copy of the subpoena or court order;
3 (b) promptly notify in writing the party who caused the subpoena or order to
4 || issue in the other litigation that some or all of the material covered by the subpoena
5 || or order is subject to this Protective Order. Such notification shall include a copy of
6 || this Order; and
7 (c) cooperate with respect to all reasonable procedures sought to be pursued
8 || by the Designating Party whose Protected Material may be affected.
9 If the Designating Party timely seeks a protective order, the Party served with
10 || the subpoena or court order shall not produce any information designated in this
11 } action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS’
12 || EYES ONLY” before a determination by the court from which the subpoena or
13 || order issued, unless the Party has obtained the Designating Party’s permission. The
14 || Designating Party shall bear the burden and expense of seeking protection in that
15 || court of its confidential material and nothing in these provisions should be
16 || construed as authorizing or encouraging a Receiving Party in this Action to disobey
17 || a lawful directive from another court.
18 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
19 PRODUCED IN THIS LITIGATION
20 (a) The terms of this Order are applicable to information produced by a Non-
21 || Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY
22 || CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” Such information produced by
23 || Non-Parties in connection with this litigation is protected by the remedies and relief
24 || provided by this Order. Nothing in these provisions should be construed as
25 || prohibiting a Non-Party from seeking additional protections.
26 (b) In the event that a Party is required, by a valid discovery request, to
27 || produce a Non-Party’s confidential information in its possession, and the Party is
28
12
1 || subject to an agreement with the Non-Party not to produce the Non-Party’s
2 || confidential information, then the Party shall:
3 (1) promptly notify in writing the Requesting Party and the Non-Party
4 | that some or all of the information requested is subject to a confidentiality
5 || agreement with a Non-Party;
6 (2) promptly provide the Non-Party with a copy of the Order in this
7 || Action, the relevant discovery request(s), and a reasonably specific description of
|| the information requested; and
9 (3) make the information requested available for inspection by the
10 || Non-Party, if requested.
11 (c) If the Non-Party fails to seek a protective order from this court within
12 || twenty-one (21) days of receiving the notice and accompanying information, the
13 || Receiving Party may produce the Non-Party’s confidential information responsive
14 || to the discovery request. If the Non-Party timely seeks a protective order, the
15 || Receiving Party shall not produce any information in its possession or control that
16 || is subject to the confidentiality agreement with the Non-Party before a
17 || determination by the court. Absent a court order to the contrary, the Non-Party
18 || shall bear the burden and expense of seeking protection in this court of its Protected
19 || Material.
20 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
22 || Protected Material to any person or in any circumstance not authorized under this
23 || Order, the Receiving Party must immediately (a) notify in writing the Designating
24 || Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
25 || unauthorized copies of the Protected Material, (c) inform the person or persons to
26 || whom unauthorized disclosures were made of all the terms of this Order, and (d)
27 || request such person or persons to execute the Acknowledgment.
28
13
1 | 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2 PROTECTED MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain
4 | inadvertently produced material is subject to a claim of privilege or other protection
5 || (e.g., work product immunity), the obligations of the Receiving Parties are those set
6 || forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended
7 || to modify whatever procedure may be established in an e-discovery order that
8 || provides for production without prior privilege review. Pursuant to Federal Rule of
9 || Evidence 502(d) and (e), the parties agree that the inadvertent or unintentional
10 || disclosure by the Producing Party of material that is privileged or subject to other
11 || protection shall not be deemed a waiver in whole or in part of the claim of privilege
12 || or other protection, either as to the specific information disclosed or as to any other
13 || information relating thereto on the same or related subject matter.
14 Upon learning of an inadvertent or unintentional disclosure of privileged
15 || information (“I.D. Protected Material’), the Producing Party shall provide written
16 || notice to the parties who have received the I.D. Protected Material, identifying the
17 || I.D. Protected Material by Bates number and the privilege protection relied upon.
18 || Within twenty business days of the date of that written notice, the Receiving Party
19 || shall sequester, destroy or return the I.D. Protected Material so identified and all
20 || copies thereof, and in the same time frame, shall sequester or destroy any notes or
21 || other writings or recordings that copy, summarize, reflect, or discuss the content of
22 || the documents or materials (collectively the “I.D.P.M. Notes”). Upon request of
23 || the Producing Party, the Receiving Party shall provide written notice of any
24 || sequestration or destruction of the I.D. Protected Material and I.D.P.M. Notes.
25 || Other than in connection with proceedings contemplated by the last paragraph of
26 || Section 11 of this Order, no use shall be made of I.D. Protected Material or
27 || I.D.P.M. Notes during deposition or at trial and the Receiving Party, its employees,
28 || Outside Counsel of Record and Experts shall not provide I.D. Protected Material to
14
1 || anyone who did not already have access to them prior to the request by the
2 || Producing Party that they be returned.
3 If the Receiving Party intends to challenge the assertion of privilege, it must
4 | provide written notice within this ten-day period, explaining the grounds for its
5 || challenge. The Receiving Party shall initiate the dispute resolution process under
6 || Local Rule 37.1 within ten (10) business days of the date of service of the
7 || Receiving Party’s notice disputing a claim of inadvertent production.
8 If the Parties cannot resolve a challenge without court intervention, the
9 || Receiving Party may file an appropriate challenge with the Court. Pending the
10 || Court’s ruling, the party challenging the assertion of privilege shall continue to
11 |} sequester or segregate the I.D. Protected Material and I.D.P.M. Notes and shall not
12 || make any use of such information. During this period, reasonable requests for
13 || extensions of time by the Challenging party to engage in discovery (for example, to
14 || take or defend depositions that may implicate the sequestered documents) shall not
15 || be dented.
16] 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
18 || person to seck its modification by the Court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this
20 || Order, no Party waives any right it otherwise would have to object to disclosing or
21 || producing any information or item on any ground not addressed in this Order.
22 || Similarly, no Party waives any right to object on any ground to use in evidence of
23 || any of the material covered by this Protective Order.
24 12.3 Filing Protected Material. A Party that seeks to file under seal any
25 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
26 || may only be filed under seal pursuant to a court order authorizing the sealing of the
27 || specific Protected Material at issue. If a Party seeks to file a motion to maintain
28 || under seal Protected Material produced by another Party, the Producing Party must
15
1 || produce to that Party, within (7) days of a request to do so, two (2) copies of all
2 || Protected Material the filing Party seeks to file under seal, one copy with all
3 || CONFIDENTIAL information redacted and one copy with all CONFIDENTIAL
4 | information highlighted. Upon filing the motion, the burden shall be on the
5 || Producing Party to defend its designations and establish good cause why the
6 || Protected Material should be filed under seal. If a Party’s request to file Protected
7 || Material under seal is denied by the court, then the Receiving Party may file the
8 || information in the public record unless otherwise instructed by the court.
9 | 13. FINAL DISPOSITION
10 After the final disposition of this Action, as defined in Section 4
11 || (DURATION), within sixty (60) days of a written request by the Designating Party,
12 || each Receiving Party must return all Protected Material to the Producing Party or
13 || destroy such material. As used in this subdivision, “all Protected Material”
14 || includes all copies, abstracts, compilations, summaries, and any other format
15 || reproducing or capturing any of the Protected Material. Whether the Protected
16 || Material is returned or destroyed, the Receiving Party must submit a written
17 || certification to the Producing Party (and, if not the same person or entity, to the
18 || Designating Party) by the 60 day deadline that (1) identifies (by category, where
19 || appropriate) all the Protected Material that was returned or destroyed and (2)
20 || affirms that the Receiving Party has not retained any copies, abstracts,
21 || compilations, summaries or any other format reproducing or capturing any of the
22 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain
23 || an archival copy of all pleadings, motion papers, trial, deposition, and hearing
24 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
25 || reports, attorney work product, and consultant and expert work product, even if
26 || such materials contain Protected Material. Any such archival copies that contain or
27 || constitute Protected Material remain subject to this Protective Order as set forth in
28 || Section 4 (DURATION).
16
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 || Dated: October 22, 2019 THOMAS F.A. HETHERINGTON
JARRETT E. GANER
3 HUTSON B. SMELLEY
4 ERIN E. BENNETT
5 McDOWELL HETHERINGTON LLP
6 By: /s/ Hutson B. Smelley
7 HUTSON B. SMELLEY
g - and -
9 HINSHAW & CULBERTSON LLP
10 Attorneys for Defendant Transamerica Life
Insurance Company
11
Dated: October 22, 2019 MICHAEL J. COLLINS
12 MAXWELL D. HERMAN
13 BREWER, ATTORNEYS &
14 COUNSELORS
By: _ /s/
15 » “Maxwell D. Herman
16 - and -
17 LAW OFFICES OF ZAREH J. SINANYAN
18
19 Attorneys for Plaintiff
20
21 ECF ATTESTATION
22 I, Hutson B. Smelley, in accordance with Local Rule 5-4.3.4, attest that all
23 || other signatories listed, and on whose behalf this filing is submitted, concur in the
24 || filing’s content and have authorized the filing.
25
26 ||Dated: October 22, 2019 /s/ Huston B. Smelley
Hutson B. Smelley
27
28
17
1
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: December 2, 2019 Up
6
7 GAIL J. STANDISH
g UNITED STATES MAGISTRATE JUDGE
10
1]
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18
1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 | I, [print or type full name], of
4 [print or type full address], declare under penalty of perjury
5 || that I have read in its entirety and understand the Stipulated Protective Order that
6 || was issued by the United States District Court for the Central District of California
7 || on [date] in the case of Michael K. Hamra, as trustee on behalf of the
8 || Sam F. Hamra, Jr. and June S. Hamra Irrevocable Trust v. Transamerica Life
9 || Insurance Company, Case No. 2:18-06262-CAS-GJSx. I agree to comply with and
10 | to be bound by all the terms of this Stipulated Protective Order and I understand
11 | and acknowledge that failure to so comply could expose me to sanctions and
12 | punishment in the nature of contempt. I solemnly promise that I will not disclose in
13 || any manner any information or item that is subject to this Stipulated Protective
14 || Order to any person or entity except in strict compliance with the provisions of this
15 || Stipulated Protective Order. I further agree to submit to the jurisdiction of the
16 || United States District Court for the Central District of California for enforcing the
17 || terms of this Stipulated Protective Order, even if such enforcement proceedings
18 || occur after termination of this action. I hereby appoint
19 [print or type full name] of
20 [print or type full address and
21 telephone number] as my California agent for service of process in connection with
22 | this action or any proceedings related to enforcement of this Stipulated Protective
23 || Order.
24 | Date:
25 || City and State where sworn and signed:
26 | Printed name:
27 | Signature:
28
19