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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:
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|] 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 ~
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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.
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Case No. CGC-09-491509
STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER REGARDING NON-
DISCLOSURE OF CONFIDENTIAL
DOCUMENTS AND INFORMATION;
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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
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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
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(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
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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
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“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
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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
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Dated: Méecl, {_,2010
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IT IS SO ORDERED.
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DISCLOSURE OF CONFIDENTIAL DOCUMENTS AND INFORMATION/
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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
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