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  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
  • J.C.METAL SPECIALISTS, INC VS. TURNER CONSTRUCTION COMPANY CONTRACT/WARRANTY document preview
						
                                

Preview

IAAT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-01-2010 4:50 pm Case Number: CGC-09-491509 Filing Date: Mar-01-2010 4:47 Juke Box: 001 Image: 02776275 ORDER J.C.METAL SPECIALISTS, ING VS. TURNER CONSTRUCTION COMPANY 00102776275 Instructions: Please place this sheet on top of the document to be scanned.— CO 8 VY DAD HW &® wD BN RRP RRR NR Be we Be ew we ee ee L era YS Be SEH A REESE HAS |] AND RELATED CROSS ACTION SEYFARTH SHAW LLP Michael T. McKeeman (State Bar No. 173662) Patty H. Lee (State Bar No. 245192) 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attomeys for Defendant and Cross-Complainant TURNER CONSTRUCTION COMPANY and Defendants FEDERAL INSURANCE COMPANY, FIDELITY & DEPOSIT COMPANY OF MARYLAND, LIBERTY MUTUAL INSURANCE COMPANY, TRAVELERS CASUALTY & SURETY COMPANY, > AND ZURICH AMERICAN INSURANCE COMPANY MICHAEL C. MILLER (State Bar No. 51 155) 530 Oak Grove Avenue, Suite 106 Menlo Park, CA 94025 Telephone: (650) 323-2003 Facsimile: (650) 323-2005 Attorneys for Plaintiff and Cross-Defendant J.C. METAL SPECIALISTS, INC. GORDON PARKLI, Clerk ~ or bli daa | (x35 | FiLtpD ae gd MAR Q1 2010 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO J.C. METAL SPECIALISTS, INC. Plaintiff, v. TURNER CONSTRUCTION COMPANY, ARE-SAN FRANCISCO NO. 15, LLC, DOES 1 to 50, Defendants. Ne Case No. CGC-09-491509 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION; YG Re ny CY BY FAX Turner Construction Company, Federal Insurance Company, Fidelity and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company, and Zurich American Insurance Company, on the one hand, and J.C. Metal STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-491509 TY Ray o2;}Oo OO BVA HW Bw NY HY Yb Re YP YP YN NY NY DY BE eB ew ew Be ee ee oe oN DU F YP NH = SBD eB IAA F BH TS|S Specialists, Inc., on the other hand, (collectively, the “Parties” or individually, the “Party”) hereby stipulate by and through their respective attorneys of record as follows: 1. The Parties acknowledge that discovery in this lawsuit may require the disclosure of documents and other materials that are trade secret, commercially sensitive, proprietary and/or otherwise confidential in nature. 2. The Parties hereby agree that any party or non-party subject to discovery in this action may designate documents, deposition testimony, transcripts, exhibits, interrogatory Fresponses, tesponses to requests for admissions, or other written, recorded, or graphic information and materials produced by a party or non-party in the course of this action as “CONFIDENTIAL” (hereafter referred to as “Confidential Information”). Such Confidential Information is information which has not been made public and that refers to, describes, or consists of the disclosure of confidential, proprietary, commercially sensitive, or non-public business, technical, or financial information, client information, or information protected by third-party privacy rights. Confidential Information includes not only the information contained ‘in documents and other materials designated as such pursuant to this Order, but also to any summaries, copies, abstracts, compilations, or other documents derived from Confidential Information. The Parties acknowledge that the only information to be designated as Confidential Information. is that which is properly subject to protection. The Parties will not designate as Confidential Information. any discovery material without first making a good faith determination that such protection is warranted. 3. In the case of documents and other materials produced by a party, the “CONFIDENTIAL” designation shall be made at the time of production, or at the time of the signature of a party to this Stipulation, whichever is later. A producing Party may designate as “CONFIDENTIAL,” in whole or in part, any documents or other materials by so advising all other Parties and by making any copies of the documents or materials marked, in a manner not affecting legibility, with the word “CONFIDENTIAL.” Any Party may obtain confidential treatment for documents or other materials previously produced by any Party or non-party STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-491509without such designation if the Party seeking the designation sends written notice of such designation to all other Parties or non-parties in the possession of such documents or other materials within thirty (30) days of production. The Party sending written notice of such designation shall then mark and reproduce the subject documents or other materials as “CONFIDENTIAL.” 4, With respect to testimony elicited during depositions, whenever counsel for a party deems that any question or line of questioning calls for the disclosure of information which should be treated as Confidential Information, counsel may: (i) designate on the record prior to such disclosure that such information is being designated as “CONFIDENTIAL” or (ii) give written notice to all other counsel that such information is being designated as “CONFIDENTIAL” within twenty-one (21) days after receiving a copy of the deposition transcript. 5. Except as provided herein, Confidential Information will be held by the receiving Party exclusively for use in connection with the above-captioned action and any appeals thereof. The Parties shall not disseminate any Confidential Information learned by them except as necessary for use in these proceedings. Furthermore, the Parties shall take reasonable and prudent measures to safeguard the confidentiality of all Confidential Information. 6. Confidential Information shall not be used or disclosed directly or indirectly by the Party receiving such Confidential Information to persons other than: (a) The Court, persons employed by the Court, the stenographer transcribing the testimony or argument at a hearing, trial, or deposition in this action, and any special master or mediator appointed by the Court or agrecd-to by the Parties; (b) Counsel of record for any Party to this action, as well as regular employees of such counsel, and outside copy services, used to assist in the defense or prosecution of this litigation; (c) Experts and consultants retained by any Party or counsel of record for any Party to assist in the defense or prosecution of this litigation; STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-491509 -3-Co ON DH B&H Ye RNY N YN RR DH Be me a BSR RREBBREBRSRUARAESH AG (d) Any individual Party; and (2) Any employee, former employee, agent or independent contractor of any Party who is requested by counsel to assist in the defense or prosecution of this litigation, provided, however, that disclosure of the Confidential Information to said individual is made only to the extent necessary to perform such assistance. 7. Any Party that seeks to make disclosure of Confidential Information permitted under this Order to a person listed in subparagraphs 6(c) or 6(¢) above shall, prior to such disclosure, advise the recipient of such information of the contents of this Order and require each such person to whom such disclosure is made to execute an acknowledgment in the form attached hereto as Exhibit A. All such acknowledgements shall be retained by counsel for the Party who discloses Confidential Information in this way and, at the conclusion of the above- captioned action, each Party shall provide a copy of all such acknowledgements to all other Parties. 8. Any Party may object to the designation of particular documents or other materials as “CONFIDENTIAL” by giving written notice to the Party making the designation and to all other Parties, Such notice shall identify with reasonable specificity the documents or other materials to which the objection is directed and the basis for the objection. The Parties shall attempt to resolve any such dispute by meeting and conferring. In the event the dispute cannot be resolved within fourteen (14) business days of the receipt of such notice, it shall be the obligation of the Party objecting to the designation to file an appropriate motion requesting a ruling by the Court that the disputed documents or other information not be designated “CONFIDENTIAL.” The Party that designated such documents or materials as “CONFIDENTIAL” shall have the burden of proving that there is good cause for such designation pursuant to California Code of Civil Procedure §2031.060. The disputed documents or other materials shall be treated as “CONFIDENTIAL” pending a ruling from the Court. 9. In the event that any Confidential Information is used in any Court proceeding in this action, it shall not lose its confidential status through such use. STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-491509 -4-oD eM IN RD OH eB YD NR RP PB Pw NR NR NR Ye ee Re ee Re ee ®BYSFRREBNRBRSREBSETEBEZ 10. Nothing herein shall be construed to affect in any way the admissibility of any document, testimony, or other evidence at trial. 11. Documents or other materials filed by any Party with the Court before, during, or after trial which contain Confidential Information shall be filed with the Clerk of the Superior Court under seal subject to further order of the Court. Any such materials filed under seal with the Court shall be filed separately in a sealed envelope marked as “CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER” and i to identify the title of the case, the case number, and the title of the document. fi fl he x Le with. ee 12,00 Am Party nna Tcovment Baan an nate 51.Q esignated 'y 'y Pp y Bui “CONFIDENTIAL” by it pursuant to this Order to be removed from the scope of this Order by so notifying counsel for the other Parties in writing or by so stating on the record at any hearing or deposition. Nothing contained herein shall prevent any Party from disclosing its own Confidentia! Information as it deems appropriate. 13. The provisions of this Stipulation and Order shall not terminate at the conclusion of this action. Within 30 days after final conclusion of all aspects of the litigation, including any and all appeals, documents and other materials stamped or otherwise identified as “CONFIDENTIAL” and all copies of same (other than exhibits of record) shall be returned to the Party that produced such documents or, at the option of the producing party, destroyed. All counsel of record shall make certification of compliance herewith and shall deliver the same to counsel for the Party who produced the documents not more than 30 days after final termination of this litigation. 14. The inadvertent production or disclosure of any privileged or otherwise protected information, by any Party, shall not constitute, or be considered as a factor suggesting, a waiver or impairment of any claims of privilege or protection, including but not limited to, the attorney client privilege and the protection afforded to work product materials. 15. If any privileged or otherwise protected information is inadvertently produced, the producing Party must provide written notice to any other Parties that such information, or STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-491509Co we WY AW HW FY HY wp we RRR ND NKR FF Se FC PgBHR TS PN RRR OK SF SF BOA AH FY KR AF SO discovery material containing such information, has been inadvertently produced or disclosed. Within five (5) business days of the receipt of such notice, each other Party shall return to the producing person all such discovery material and copies thereof identified in the notice in its possession, and shall make reasonable efforts to reclaim and retum any such discovery material and information. The Party that has inadvertently produced or disclosed privileged information shall, within five (5) business days afler such discovery material and copies are returned to it from the non-producing Parties, provide a privilege log identifying the discovery material and copies returned to the producing Party such that the non-producing Party can challenge the producing Party’s claim that the discovery materials are privileged or otherwise protected. 16. This Stipulation and Order is subject to revocation and modification by order of the Court upon written stipulation of the Parties or upon motion and reasonable notice. DATED: @ / e2-___,2010 se SHAW LLP Attomeys for Defendant and Cross- Complainant TURNER CONSTRUCTION COMPANY and Defendants FEDERAL INSURANCE COMPANY, FIDELITY & DEPOSIT COMPANY OF MARYLAND, LIBERTY MUTUAL INSURANCE COMPANY, TRAVELERS CASUALTY & SURETY COMPANY, AND ZURICH AMERICAN INSURANCE COMPANY DATED: fe 4 ff , 2010 MICHAEL C. MILLER KL Michael C. Miller Attomeys for Plaintiff and Cross-Defendant J.C. METAL SPECIALISTS, INC. STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-491509 ~6-wv oC oe ND 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Méecl, {_,2010 ~, 7 IT IS SO ORDERED. LAA wis Tudge of the ¢ EVES STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-491509oT HI An wD 10 u 2 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 EXHIBIT A ACKNOWLEDGMENT CONCERNING MATERIAL COVERED BY A PROTECTIVE ORDER Jacknowledge that I have read the STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON-DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION entered in the California Superior Court, County of San Francisco, in the action entitled J.C. METAL SPECIALISTS, INC. V. TURNER CONSTRUCTION COMPANY, ET AL., CASE NO. CGC-09-491509. I understand its terms, and 1 agree to be bound thereby. I further understand that a violation of this Protective Order may be punishable as a contempt of court. Dated: Signature Name (Print) STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER REGARDING NON- DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/ Case No.: CGC-09-49 1509 12094336v.1 -8-