distinguishing “good cause” 10 showing for sealing documents produced in discovery from “compelling reasons” 11 standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” 10 showing for sealing documents produced in discovery from “compelling reasons” 11 standard when merits-related documents are part of court record
- even stipulated protective orders 28 require good cause showing
Written by the judges who cited it.
The opinion
Case 2:21-cv-07751-CJC-JPR Document 64 Filed 06/02/22 Page 1 of 20 Page ID #:1021
1 FRANK FALZETTA, Cal. Bar No. 125146
SCOTT SVESLOSKY, Cal. Bar No. 217660
2 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
333 South Hope Street, 43rd Floor
3 Los Angeles, California 90071-1422
Telephone: 213.620.1780 NOTE: CHANGES MADE BY THE COURT
4 Facsimile: 213.620.1398
Email ffalzetta@sheppardmullin.com
5 ssveslosky@sheppardmullin.com
6 COLRENA K. JOHNSON, Cal. Bar No. 143860
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
7 650 Town Center Drive, 10th Floor
Costa Mesa, California 92626-1993
8 Telephone: 714.513.5100
Facsimile: 714.513.5130
9 Email ckjohnson@sheppardmullin.com
10 Attorneys for Plaintiff and Counter-Defendant,
WEST AMERICAN INSURANCE
11 COMPANY and Third-Party Defendant NOTE: CHANGES MADE BY THE COURT
LIBERTY MUTUAL INSURANCE
12 COMPANY (erroneously sued as Liberty
Mutual Insurance)
13
14 UNITED STATES DISTRICT COURT
15 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION
16
17 WEST AMERICAN INSURANCE Case No. 2:21-cv-07751-CJC-(JPRx)
COMPANY, an Indiana Corporation;
18 DISCOVERY MATTER
Plaintiff
19
v. STIPULATION FOR ENTRY OF
20 PROTECTIVE ORDER
SHAGHAL LTD., a California
21 Corporation, Judge: Hon. Cormac J. Carney
Magistrate: Hon. Jean P. Rosenbluth
22 Defendant.
23 AND RELATED COUNTERCLAIM Complaint Filed: September 29, 2021
AND THIRD PARTY COMPLAINT Trial Date: May 2, 2023
24
25
26
27
28
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1 Plaintiff and Counter-Defendant West American Insurance Company (“West
2 American”), Third-Party Defendant Liberty Mutual Insurance Company (“Liberty
3 Mutual”), Defendant, Counterclaimant and Third-Party Plaintiff Shaghal Ltd.
4 (“Shaghal”), and Third-Party Defendant Ruben David Youssefyeh dba PARS
5 American Insurance Agency (“Youssefyeh”), by and through their counsel, and
6 under Rules 26(c) and 29(b) of the Federal Rules of Civil Procedure and Local Rule
7 7-1, have entered into this stipulation, and hereby request the Court’s entry of the
8 following Protective Order:
9 I.
10 PURPOSES AND LIMITATIONS
11 A. Introduction
12 Discovery in this action will involve production of confidential, proprietary,
13 or private information for which special protection from public disclosure and from
14 use for any purpose other than this litigation is warranted. Accordingly, the parties
15 hereby stipulate to and petition the Court to enter the following Stipulated Protective
16 Order. The parties acknowledge that this Order does not confer blanket protections
17 on all disclosures or responses to discovery and that the protection it affords from
18 public disclosure and use extends only to the limited information or items that are
19 entitled to confidential treatment under the applicable legal principles.
20 B. Brief Statement of this Action
21 On September 29, 2021, West American filed a Complaint for Declaratory
22 Relief against Shaghal, seeking a declaratory judgment from the Court that West
23 American properly rescinded two commercial general liability policies and related
24 endorsements issued to Shaghal, or alternatively, that the insurance policies exclude
25 coverage for Shaghal’s claim for policy benefits. West American alleges that
26 Shaghal concealed and/or mispresented material facts when applying for insurance
27 and seeking to increase the available limits under the policies by endorsement. In
28 the alternative, West American contends that the policies’ Dishonest or Criminal
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1 Acts Exclusion bar coverage for Shaghal’s claim based on the conversion of
2 Shaghal’s goods by two third-party warehouses.
3 On October 20, 2021, Shaghal filed a Counterclaim against West American
4 for breach of contract and breach of the implied covenant of good faith and fair
5 dealing. Shaghal denies that it failed to disclose material information and alleges
6 that West American improperly refused to pay its claim under the policies.
7 Also on October 20, 2021, Shaghal filed a Third-Party Complaint against
8 Youssefyeh alleging that Youssefyeh misrepresented the coverage available under
9 the West American policies, failed to advise Shaghal what information it was
10 required to disclose, and failed to obtain proper insurance coverage for its loss.
11 Youssefyeh denies all allegations by Shaghal and alleges that Shaghal failed to
12 disclose material information on its insurance applications.
13 C. Good Cause Exists for the Issuance of a Protective Order to Protect
14 Proprietary, Confidential, Business-Sensitive Information
15 Based on discovery requests to date, and the conference of counsel under
16 Rule 26(f), discovery in this action will involve trade secrets, and other commercial,
17 financial, and/or proprietary information for which special protection from public
18 disclosure and from use for any purpose other than the prosecution and defense of
19 this action may be warranted. Such confidential and proprietary materials and
20 information consist of, among other things (i) confidential rating and underwriting
21 information; (ii) information regarding employee training; (iii) confidential and
22 proprietary information regarding business practices, policies and procedures; and
23 (iv) information which may otherwise be privileged or protected from disclosure
24 under state or federal statutes, court rules, case decisions, or common law.
25 By way of example, Youssefyeh has requested documents from West
26 American regarding: (i) American’s application processes; (ii) West American’s
27 internal underwriting policies and practices; and (iii) West American’s agency
28 agreements with its producers. In addition, as identified in the Parties Rule 26(f)
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1 report, Shaghal will also request West American’s claims handling policies and
2 procedures and related information. These requests seek information that West
3 American contends is confidential and proprietary to its business operations, and
4 disclosure without a Protective Order may place West American at risk of
5 substantial competitive disadvantage and/or financial harm.
6 Accordingly, to expedite the flow of information, to facilitate the prompt
7 resolution of disputes over confidentiality of discovery materials, to adequately
8 protect information the parties believe they are entitled to keep confidential, to
9 ensure that the parties are permitted reasonable necessary uses of such material in
10 preparation for and in the conduct of trial, to address their handling at the end of the
11 litigation, and serve the ends of justice, a protective order for such information is
12 justified in this matter. The parties intend that information will not be designated as
13 confidential for tactical reasons and that nothing be so designated without a good
14 faith belief that it has been maintained in a confidential, non-public manner, and
15 there is good cause why it should not be part of the public record of this case.
16 D. Acknowledgement of Procedure for Filing Under Seal
17 The parties also acknowledge, as set forth in Section II.K.3, that this
18 Stipulated Protective Order does not entitle them to file confidential information
19 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed
20 and the standards that will be applied when a party seeks permission from the Court
21 to file material under seal.
22 There is a strong presumption that the public has a right of access to judicial
23 proceedings and records in civil cases. In connection with non-dispositive motions,
24 good cause must be shown to support a filing under seal. See Kamakana v. City and
25 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
26 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
27 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
28 require good cause showing), and a specific showing of good cause or compelling
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1 reasons with proper evidentiary support and legal justification, must be made with
2 respect to Protected Material that a party seeks to file under seal. The parties’ mere
3 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—
4 without the submission of competent evidence by declaration, establishing that the
5 material sought to be filed under seal qualifies as confidential, privileged, or
6 otherwise protectable—constitute good cause.
7 Further, if a party requests sealing related to a dispositive motion or trial, then
8 compelling reasons, not only good cause, for the sealing must be shown, and the
9 relief sought shall be narrowly tailored to serve the specific interest to be protected.
10 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
11 each item or type of information, document, or thing sought to be filed or introduced
12 under seal in connection with a dispositive motion or trial, the party seeking
13 protection must articulate compelling reasons, supported by specific facts and legal
14 justification, for the requested sealing order. Again, competent evidence supporting
15 the application to file documents under seal must be provided by declaration.
16 Any document that is not confidential, privileged, or otherwise protectable in
17 its entirety will not be filed under seal if the confidential portions can be redacted.
18 If documents can be redacted, then a redacted version for public viewing, omitting
19 only the confidential, privileged, or otherwise protectable portions of the document,
20 shall be filed. Any application that seeks to file documents under seal in their
21 entirety should include an explanation of why redaction is not feasible.
22 II.
23 STIPULATED PROTECTIVE ORDER
24 A. Definitions. The following definitions apply to terms used in this Protective
25 Order.
26 1. Lawsuit: This pending lawsuit.
27 2. Challenging Party: A Party or Non-Party that challenges the
28 designation of information or items under this Order.
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1 3. “CONFIDENTIAL” Information or Items: Information (regardless of
2 how it is generated, stored or maintained) or tangible things that qualify for
3 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
4 the Good Cause Statement. “CONFIDENTIAL” Information shall not apply to the
5 extent that Confidential Information includes information which is: (a) now or
6 hereafter, through no unauthorized act or failure to act on the Receiving Party’s part,
7 or on the part of any other Party subject to this Protective Order, in the public
8 domain; (b) was in the Receiving Party’s possession before receipt from the
9 Disclosing Party and obtained from a source other than the Disclosing Party and
10 other than through the prior relationship of the Disclosing Party and the Receiving
11 Party before the Separation Date; (c) hereafter furnished to the Receiving Party by a
12 third party as a matter of right and without restriction on disclosure; (d) furnished to
13 others by the Disclosing Party without restriction on disclosure; or (e) independently
14 developed by the Receiving Party without use of the Disclosing Party’s Confidential
15 Information
16 4. Counsel: Outside Counsel of Record and In-House Counsel (as well as
17 their support staff).
18 5. Designating Party: A Party or Non-Party that designates information or
19 items that it produces in disclosures or in responses to discovery as
20 “CONFIDENTIAL.”
21 6. Disclosure or Discovery Material: All items or information, regardless
22 of the medium or manner in which it is generated, stored, or maintained (including,
23 among other things, testimony, transcripts, and tangible things), that are produced or
24 generated in disclosures or responses to discovery in this matter.
25 7. Expert: A person with specialized knowledge or experience in a matter
26 pertinent to the litigation who has been retained by a Party or its counsel to serve as
27 an expert witness or as a consultant in this Lawsuit.
28
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1 8. In-House Counsel: Attorneys who are employees of a party to this
2 Lawsuit. In-House Counsel does not include Outside Counsel of Record or any
3 other outside counsel.
4 9. Non-Party: Any natural person, partnership, corporation, association,
5 or other legal entity not named as a Party to this Lawsuit.
6 10. Outside Counsel of Record: Attorneys who are not employees of a
7 party to this Lawsuit but are retained to represent or advise a party to this Lawsuit
8 and have appeared in this Lawsuit on behalf of that party or are affiliated with a law
9 firm which has appeared on behalf of that party, and includes support staff.
10 11. Party: Any party to this Lawsuit, including all of its officers, directors,
11 employees, consultants, retained experts, and Outside Counsel of Record (and their
12 support staffs).
13 12. Producing Party: A Party or Non-Party that produces Disclosure or
14 Discovery Material in this Lawsuit.
15 13. 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 14. Protected Material: Any Disclosure or Discovery Material that is
20 designated as “CONFIDENTIAL.”
21 15. Receiving Party: A Party that receives Disclosure or Discovery
22 Material from a Producing Party.
23 B. Scope.
24 The protections conferred by this Stipulated Protective Order cover not only
25 Protected Material (as defined above), but also (1) any information copied or
26 extracted from Protected Material; (2) all copies, excerpts, summaries, or
27 compilations of Protected Material; and (3) any testimony, conversations, or
28 presentations by Parties or their Counsel that might reveal Protected Material. Any
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1 use of Protected Material at trial will be governed by the orders of the trial judge.
2 This Order does not govern the use of Protected Material at trial.
3 C. Duration.
4 Once a case proceeds to trial, information that was designated as
5 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
6 as an exhibit at trial becomes public and will be presumptively available to all
7 members of the public, including the press, unless compelling reasons supported by
8 specific factual findings to proceed otherwise are made to the trial judge in advance
9 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
10 showing for sealing documents produced in discovery from “compelling reasons”
11 standard when merits-related documents are part of court record). Accordingly, the
12 terms of this protective order do not extend beyond the commencement of the trial
13 for any such materials.
14 Even after final disposition of this Lawsuit, the confidentiality obligations
15 imposed by this Order will remain in effect until a Designating Party agrees
16 otherwise in writing or a court order otherwise directs. Final disposition is the later
17 of (1) dismissal of all claims and defenses in this Lawsuit, with or without prejudice;
18 and (2) final judgment herein after the completion and exhaustion of all appeals,
19 rehearings, remands, trials, or reviews of this Lawsuit, including the time limits for
20 filing any motions or applications for extension of time pursuant to applicable law.
21 D. Designating Protected Material.
22 1. Exercise of Restraint and Care in Designating Material for Protection.
23 Each Party or Non-Party that designates information or items for protection
24 under this Order must take care to limit any such designation to specific material
25 that qualifies under the appropriate standards. The Designating Party must
26 designate for protection only those parts of material, documents, items, or oral or
27 written communications that qualify so that other portions of the material,
28
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1 documents, items, or communications for which protection is not warranted are not
2 swept unjustifiably within the ambit of this Order.
3 Mass, indiscriminate, or routinized designations are prohibited. Designations
4 that are shown to be clearly unjustified or that have been made for an improper
5 purpose (e.g., to unnecessarily encumber the case development process or to impose
6 unnecessary expenses and burdens on other parties) may expose the Designating
7 Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that it
9 designated for protection do not qualify for protection, that Designating Party must
10 promptly notify all other Parties that it is withdrawing the inapplicable designation.
11 2. Manner and Timing of Designations. Except as otherwise provided in
12 this Order (see, e.g., Section B(2)(b) below), or as otherwise stipulated or ordered,
13 Disclosure or Discovery Material that qualifies for protection under this Order must
14 be clearly so designated before the material is disclosed or produced. Designation in
15 conformity with this Order requires the following:
16 a. For information in paper or electronic documentary form, the
17 Producing Party must affix the legend - - “CONFIDENTIAL” (hereinafter
18 “CONFIDENTIAL legend”) - - to each page that contains protected material. If
19 only a portion or portions of the material on a page qualifies for protection, the
20 Producing Party also must clearly identify the protected portion(s) by, for example,
21 making appropriate markings in the margins.
22 A Party or Non-Party that makes original documents available for inspection
23 need not designate them for protection until after the inspecting Party has indicated
24 which documents it would like copied and produced. During the inspection and
25 before the designation, all of the material made available for inspection must be
26 treated as “CONFIDENTIAL.” After the inspecting Party has identified the
27 documents it wants copied and produced, the Producing Party must determine which
28 documents, or portions thereof, qualify for protection under this Order. Then,
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1 before producing the specified documents, the Producing Party must affix the
2 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
3 portion or portions of the material on a page qualifies for protection, the Producing
4 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
5 markings in the margins).
6 b. For testimony given in depositions, the Designating Party must
7 identify all Protected Material either (i) on the record, before the close of the
8 deposition, or (ii) as soon as reasonably practicable after receipt of the transcript, by
9 marking the Protected Material in accordance with subparagraph a. above and
10 notifying any other party and/or recipient of any copy of the transcript about the
11 designations made.
12 c. For tangible items or information produced in some form other
13 than documentary, the Producing Party must affix in a prominent place on the
14 exterior of the container or containers in which the information is stored the legend
15 “CONFIDENTIAL.” If only a portion or portions of the information warrants
16 protection, the Producing Party, to the extent practicable, must identify the protected
17 portion(s).
18 3. Inadvertent Failure to Designate. If timely corrected, an inadvertent
19 failure to designate qualified information or items does not, standing alone, waive
20 the Designating Party’s right to secure protection under this Order for such material.
21 Upon timely correction of a designation, the Receiving Party must make reasonable
22 efforts to assure that the material is treated in accordance with the provisions of this
23 Order.
24 ///
25 ///
26 ///
27 ///
28 ///
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1 E. Challenging Confidentiality Designations.
2 1. Timing of Challenges. Any party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s
4 Scheduling Order.
5 2. Meet and Confer. The Challenging Party must initiate the dispute
6 resolution process under Local Rule 37-1 et seq.
7 3. Joint Stipulation. Any challenge submitted to the Court must be via a
8 joint stipulation pursuant to Local Rule 37-2.
9 4. The burden of persuasion in any such challenge proceeding is on the
10 Designating Party. Frivolous challenges, and those made for an improper purpose
11 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
12 expose the Challenging Party to sanctions. Unless the Designating Party has waived
13 or withdrawn the confidentiality designation, all parties must continue to afford the
14 Protected Material in question the level of protection to which it is entitled under the
15 Producing Party’s designation until the Court rules on the challenge.
16 F. Access To And Use Of Protected Material.
17 1. Basic Principles. A Receiving Party may use Protected Material that is
18 disclosed or produced by another Party or by a Non-Party in connection with this
19 Lawsuit only for prosecuting, defending, or attempting to settle this Lawsuit. Such
20 Protected Material may be disclosed only to the categories of persons and under the
21 conditions described in this Order. When the Lawsuit has been terminated, a
22 Receiving Party must comply with the provisions of Section L below (FINAL
23 DISPOSITION).
24 Protected Material must be stored and maintained by a Receiving Party at a
25 location and in a secure manner that ensures that access is limited to the persons
26 authorized under this Order.
27 ///
28 ///
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1 2. Disclosure of “CONFIDENTIAL” Information or Items. Unless
2 otherwise ordered by the Court or permitted in writing by the Designating Party, a
3 Receiving Party may disclose Protected Material only to the following people:
4 a. the Receiving Party’s Outside Counsel of Record in this Lawsuit,
5 as well as employees of said Outside Counsel of Record to whom it is reasonably
6 necessary to disclose the information for this Lawsuit;
7 b. the officers, directors, and employees (including In-House
8 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
9 Lawsuit;
10 c. Experts (as defined in this Order) of the Receiving Party to
11 whom disclosure is reasonably necessary for this Lawsuit and who have signed the
12 “Acknowledgment and Agreement to Be Bound” (“Acknowledgement Form”)
13 attached as Exhibit A to this Stipulated Protective Order;
14 d. the Court and its personnel;
15 e. Court reporters and their staff;
16 f. professional jury or trial consultants, mock jurors, and
17 Professional Vendors to whom disclosure is reasonably necessary for this Lawsuit
18 and who have signed a copy of the Acknowledgment Form;
19 g. the author or recipient of a document containing the Protected
20 Material or a custodian or other person who otherwise possessed or knew the
21 Protected Material;
22 h. during their depositions, witnesses, and attorneys for witnesses,
23 in the Lawsuit to whom disclosure is reasonably necessary provided: (1) the
24 deposing party requests that the witness sign the Acknowledgment Form; and (2)
25 they will not be permitted to keep any Protected Material unless they sign the
26 Acknowledgment Form, or unless otherwise agreed by the Designating Party or
27 ordered by the Court. Pages of transcribed deposition testimony or exhibits to
28 depositions that reveal Protected Material may be separately bound by the court
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1 reporter and may not be disclosed to anyone except as permitted under this
2 Stipulated Protective Order; and
3 i. any mediator or settlement officer, and their supporting
4 personnel, mutually agreed upon by any of the parties engaged in settlement
5 discussions or appointed by the Court.
6 G. Protected Material Subpoenaed or Ordered Produced in Other
7 Litigation.
8 1. If a Party is served with a subpoena or a court order issued in other
9 litigation that compels disclosure of any Protected Material that Party must:
10 a. promptly notify in writing the Designating Party. Such
11 notification must include a copy of the subpoena or court order unless prohibited by
12 law;
13 b. promptly notify in writing the party who caused the subpoena or
14 order to issue in the other litigation that some or all of the material covered by the
15 subpoena or order is subject to this Protective Order. Such notification must include
16 a copy of this Stipulated Protective Order; and
17 c. cooperate with respect to all reasonable procedures sought to be
18 pursued by the Designating Party whose Protected Material may be affected. If the
19 Designating Party timely seeks a protective order, the Party served with the
20 subpoena or court order should not produce any Protected Material before a
21 determination by the relevant court, unless the Party has obtained the Designating
22 Party’s permission. The Designating Party bears the burden and expense of seeking
23 protection in that court of its Protected Material and nothing in these provisions
24 should be construed as authorizing or encouraging a Receiving Party in this Lawsuit
25 to disobey a lawful directive from another court.
26 ///
27 ///
28 ///
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1 H. A Non-Party’s Protected Material Sought In This Lawsuit.
2 1. The terms of this Order are applicable to information produced by a
3 Non-Party in this Lawsuit and designated as “CONFIDENTIAL.” Such Protected
4 Material produced by Non-Parties in connection with this litigation is protected by
5 the remedies and relief provided by this Order. Nothing in these provisions should
6 be construed as prohibiting a Non-Party from seeking additional protections.
7 2. In the event that a Party is required, by a valid discovery request, to
8 produce a Non-Party’s Protected Material in its possession, and the Party is subject
9 to an agreement with the Non-Party not to produce the Non-Party’s Protected
10 Material, then the Party must:
11 a. promptly notify in writing the Requesting Party and the Non-
12 Party that some or all of the information requested is subject to a confidentiality
13 agreement with a Non-Party;
14 b. promptly provide the Non-Party with a copy of the Stipulated
15 Protective Order in this Lawsuit, the relevant discovery request(s), and a reasonably
16 specific description of the information requested; and
17 c. make the information requested available for inspection by the
18 Non-Party, if requested.
19 3. If the Non-Party fails to seek a protective order from this Court within
20 21 days of receiving the notice and accompanying information, the Receiving Party
21 may produce the Non-Party’s confidential information responsive to the discovery
22 request. If the Non-Party timely seeks a protective order, the Receiving Party
23 should not produce any information in its possession or control that is subject to the
24 confidentiality agreement with the Non-Party before a determination by the Court.
25 Absent a court order to the contrary, the Non-Party bears the burden and expense of
26 seeking protection in this court of its Protected Material, and nothing in these
27 provisions should be construed as authorizing or encouraging a Receiving Party in
28 this Lawsuit to disobey a lawful directive from another court..
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1 I. Unauthorized Disclosure of Protected Material.
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
7 persons to whom unauthorized disclosures were made of all the terms of this Order,
8 and (d) request such person or persons to execute the Acknowledgment Form.
9 J. Inadvertent Production Of Privileged Or Protected Material.
10 When a Producing Party gives notice to Receiving Parties that certain
11 inadvertently produced material is subject to a claim of privilege or other protection,
12 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
13 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
14 procedure may be established in an e-discovery order that provides for production
15 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
16 (e), insofar as the parties reach an agreement on the effect of disclosure of a
17 communication or information covered by the attorney-client privilege or work
18 product protection, the parties may incorporate their agreement in the Stipulated
19 Protective Order submitted to the court provided the Court so allows.
20 K. Miscellaneous.
21 1. Right to Further Relief. Nothing in this Order abridges the right of any
22 person to seek its modification by the Court in the future.
23 2. Right to Assert Other Objections. By stipulating to the entry of this
24 Protective Order, no Party waives any right it otherwise would have to object to
25 disclosing or producing any information or item on any ground not addressed in this
26 Stipulated Protective Order. Similarly, no Party waives any right to object on any
27 ground to use in evidence of any of the material covered by this Protective Order.
28
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Case 2:21-cv-07751-CJC-JPR Document 64 Filed 06/02/22 Page 16 of 20 Page ID #:1036
1 3. Filing Protected Material. A Party that seeks to file under seal any
2 Protected Material must comply with Civil Local Rule 79-5. Protected Material
3 may only be filed under seal pursuant to a court order authorizing the sealing of the
4 specific Protected Material at issue. If a Party's request to file Protected Material
5 under seal is denied by the Court, then the Receiving Party may file the information
6 in the public record unless otherwise instructed by the Court.
7 L. Final Disposition.
8 After the final disposition of this Lawsuit, as defined in paragraph 4, within
9 sixty (60) days of a written request by the Designating Party, each Receiving Party
10 must return all Protected Material to the Producing Party or destroy such material.
11 As used in this subdivision, “all Protected Material” includes all copies, abstracts,
12 compilations, summaries, and any other format reproducing or capturing any of the
13 Protected Material. Whether the Protected Material is returned or destroyed, the
14 Receiving Party must submit a written certification to the Producing Party (and, if
15 not the same person or entity, to the Designating Party) by the 60 day deadline that
16 (1) identifies (by category, where appropriate) all the Protected Material that was
17 returned or destroyed and (2) affirms that the Receiving Party has not retained any
18 copies, abstracts, compilations, summaries or any other format reproducing or
19 capturing any of the Protected Material. Notwithstanding this provision, Counsel
20 are entitled to retain an archival copy of all pleadings, motion papers, trial,
21 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
22 and trial exhibits, expert reports, attorney work product, and consultant and expert
23 work product, even if such materials contain Protected Material. Any such archival
24 copies that contain or constitute Protected Material remain subject to this Protective
25 Order.
26 ///
27 ///
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SMRH:4882-3840-9492.2 STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07751-CJC-JPR Document 64 Filed 06/02/22 Page 17 of 20 Page ID #:1037
1 M. Sanctions.
2 Any willful violation of this Order may be punished by monetary or
3 evidentiary sanctions or other appropriate action at the discretion of the Court.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5 Dated: May 31, 2022
6 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
7
By /s/ Colrena K. Johnson
8
FRANK FALZETTA
9 SCOTT SVESLOSKY
10 COLRENA K. JOHNSON
Attorneys for Plaintiff and Counter-Defendant
11 WEST AMERICAN INSURANCE
12 COMPANY and Third-Party Defendant
LIBERTY MUTUAL INSURANCE
13 COMPANY (erroneously sued as Liberty
14 Mutual Insurance)
Dated: May 31, 2022
15
KAPLAN, KENEGOS & KADIN
16
17
By /s/ Jeremy Rosenberg
18 JERRY KAPLAN
JOAN KENEGOS
19
JEREMY ROSENBERG
20 Attorneys for Defendant, Counterclaimant and
Third-Party Plaintiff
21
SHAGHAL LTD.
22
23
24
25
26
27
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SMRH:4882-3840-9492.2 STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07751-CJC-JPR Document 64 Filed 06/02/22 Page18of20 Page ID #:1038
1 || Dated: May 31, 2022
2 CHAPMAN, GLUCKSMAN, DEAN & ROEB
4 By /s/ Issa F. Mikel
GREGORY SABO
5 ISSA F. MIKEL
6 Attorneys for Third-Party Defendant
RUBEN DAVID YOUSSEFY EH DBA
7 PARS AMERICAN INSURANCE AGENCY
10 ATTESTATION
11 Pursuant to Local Rule 5-4.3.4(a)(2)(1), I hereby attest that all signatories
12 || listed above, and on whose behalf this filing is submitted, concur in the filing’s
13 || content and have authorized the filing.
14 Executed this 31st day of May, 2022 at Los Angeles, California.
15
16 By _ /s/Colrena K. Johnson
7 COLRENA K. JOHNSON
18 QRDER
19 Having reviewed the foregoing proposed Stipulated Protective Order, and for
20 || good cause shown, the Court hereby makes the Stipulated Protective Order an Order
21 || of the Court.
22
93 | IT IS SO ORDERED
24
95||DATED: June 2, 2022 fm hrekbotl~
26
7 HON. JEAN P. ROSENBLUTH
United States Magistrate Judge
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SMRH:4882-3840-9492.2 STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07751-CJC-JPR Document 64 Filed 06/02/22 Page 19 of 20 Page ID #:1039
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, [print or type full name], of
4
[print or type full address], declare under penalty
5
of perjury that I have read in its entirety and understand the Stipulated Protective
6
Order that was issued by the United States District Court for the Central District of
7
California on _________________[date of Order] in the case of West American
8
Insurance Company v. Shaghal, Ltd., Case No. 2:21-cv-07751-CJC-(JPRx). I agree
9
to comply with and to be bound by all the terms of this Stipulated Protective Order
10
and I understand and acknowledge that failure to so comply could expose me to
11
sanctions and punishment, including contempt. I solemnly promise that I will not
12
disclose in any manner any information or item that is subject to this Stipulated
13
Protective Order to any person or entity except in strict compliance with the
14
provisions of this Order.
15
I further agree to submit to the jurisdiction of the United States District Court
16
for the Central District of California for the purpose of enforcing the terms of this
17
Stipulated Protective Order, even if such enforcement proceedings occur after
18
termination of this action. I hereby appoint [print or type
19
full name] of [print or type full
20
address and telephone number] as my California agent for service of process in
21
connection with this action or any proceedings related to enforcement of this
22
Stipulated Protective Order.
23
Date:
24
City and State where sworn and signed:
25
Printed Name:
26
27
Signature:
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SMRH:4882-3840-9492.2 STIPULATED PROTECTIVE ORDER
Case 2:21-cv-07751-CJC-JPR Document 64 Filed 06/02/22 Page 20 of 20 Page ID #:1040
1
CERTIFICATE OF SERVICE
2
I hereby certify that on this 31st day of May, 2022, I electronically filed the
3
foregoing STIPULATION FOR ENTRY OF PROTECTIVE ORDER with the
4
Clerk of the Court using the CM/ECF system which will send notification of such
5
filing to the following:
6
7 Jerry Kaplan, Esq. Attorneys for Defendant
Joan Kenegos, Esq. SHAGHAL, LTD.
8 Jeremy Rosenberg, Esq.
KAPLAN KENEGOS & KADIN
9 9150 WILSHIRE BOULEVARD, SUITE
175
10 CA 90212
Tel: (310) 859-7700
11 Email: jrosenberg@3klaw.com;
jkenegos@3klaw.com;
12 office admin office@3klaw.com
kapkenkd@pacbell.net
13
Joseph C. Campo, Esq. Attorneys for Third-Party
14 LEWIS BRISBOIS BISGAARD & SMITH Defendant
LLP ARROWHEAD WHOLESALE
15 633 West 5th Street, Suite 4000 INSURANCE SERVICES, LLC
Los Angeles, California 90071
16 Telephone: 213.250.1800
Facsimile: 213.250.7900
17 E-Mail: Joe.Campo@lewisbrisbois.com
18 Gregory K. Sabo, Esq. Attorneys for Third Party
David A Napper, Esq. Defendant, RUBEN DAVID
19 Issa F. Mikel, Esq. YOUSSEFYEH DBA PARS
CHAPMAN GLUCKSMAN DEAN & AMERICAN
20 ROEB INSURANCE AGENCY
A Professional Corporation
21 11900 West Olympic Boulevard, Suite 800
Los Angeles, California 90064-0704
22 Tel: (310) 207-7722
FAX: (310) 207-6550
23 Email: imikel@cgdrlaw.com
24
25 /s/ Laurie Palmer
Laurie Palmer
26
27
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SMRH:4882-3840-9492.2 STIPULATED PROTECTIVE ORDER