SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

SQUIRE, SANDERS & DEMPSEY L.L.P. 

Ethan A. Miller (State Bar No. 155965) 

David A. Gabianelli (State Bar No. 158170) 

Ethan H. Seibert (State Bar No. 232262) 

One Maritime Plaza, Suite 300 

San Francisco, CA 94111-3492 

Telephone: +1.415.954.0200 

Facsimile: +1.415.393.9887 

Email: eamiller@ssd.com 

Email: dgabianelli@ssd.com 

Email: eseibert@ssd.com 

Attorneys for Defendants and Counter-Claimant 

ZURICH AMERICAN INSURANCE COMPANY 

and STEADFAST INSURANCE COMPANY 

JOSEPH P. RUSSONIELLO 

United States Attorney 

JOANN M. SWANSON 

Assistant United States Attorney 

Chief, Civil Division 

CHARLES M. O’CONNOR 

JONATHAN U. LEE 

Assistant United States Attorneys 

Northern District of California 

450 Golden Gate Avenue, Box 36055 

San Francisco, California 94102 

Telephone: (415) 436-6909 

Facsimile: (415) 436-6748 

Email: Jonathan.Lee@USDOJ.gov

Attorneys for Plaintiff The UNITED STATES OF 

AMERICA and Counter-Defendant The Presidio 

Trust

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

vs.

ZURICH INSURANCE COMPANY, 

ZURICH AMERICAN INSURANCE 

COMPANY, and STEADFAST 

INSURANCE COMPANY, 

Defendants.

Case No. CV 08-5005-MMC 

STIPULATED PROTECTIVE ORDER 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 1 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

STEADFAST INSURANCE COMPANY, 

Counter-claimant, 

vs.

THE PRESIDIO TRUST, a Wholly-Owned 

Corporation of the UNITED STATES OF 

AMERICA, 

Counter-defendant. 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 2 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV08-5005 (MMC)

1. PURPOSES AND LIMITATIONS 

Disclosure and discovery activity in this action are likely to involve production of 

confidential, proprietary, or private information for which special protection from public 

disclosure and from use for any purpose other than prosecuting this litigation would be warranted.

Accordingly, the parties hereby stipulate to and petition the Court to enter the following 

Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 

protections on all disclosures or responses to discovery and that the protection it affords extends 

only to the limited information or items that are entitled under the applicable legal principles to 

treatment as confidential. The parties further acknowledge, as set forth in Section 10, below, that 

this Stipulated Protective Order creates no entitlement to file confidential information under seal; 

Civil Local Rule 79-5 sets forth the procedures that must be followed and reflects the standards 

that will be applied when a party seeks permission from the court to file material under seal. 

2. DEFINITIONS 

2.1 Party: any party to this action, including all of its officers, directors, employees, 

consultants, retained experts, and outside counsel (and their support staff). 

2.2 Disclosure or Discovery Material: all items or information, regardless of the 

medium or manner generated, stored, or maintained (including, among other things, testimony, 

transcripts, or tangible things) that are produced or generated in disclosures or responses to 

discovery in this matter. 

2.3 “Confidential” Information or Items: information (regardless of how generated, 

stored or maintained) or tangible things that qualify for protection under standards developed 

under Federal Rule of Civil Procedure 26(c). 

2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a 

Producing Party. 

2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery 

Material in this action. 

2.6 Designating Party: a Party or non-party that designates information or items that it 

produces in disclosures or in responses to discovery as “Confidential.” 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 3 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

2.7 Protected Material: any Disclosure or Discovery Material that is designated as 

“Confidential.”

2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained 

to represent or advise a Party in this action. 

2.9 House Counsel: attorneys who are employees of a Party. 

2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their 

support staffs). 

2.11 Expert: a person with specialized knowledge or experience in a matter pertinent to 

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 

consultant in this action. This definition includes a professional jury or trial consultant retained in 

connection with this litigation. 

2.12 Professional Vendors: persons or entities that provide litigation support services 

(e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, 

storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. 

3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material 

(as defined above), but also any information copied or extracted therefrom, as well as all copies, 

excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by 

parties or counsel to or in Court or in other settings that might reveal Protected Material. 

4. DURATION

Even after the termination of this litigation, the confidentiality obligations imposed by this 

Order shall remain in effect until a Designating Party agrees otherwise in writing or a Court order 

otherwise directs. 

5. DESIGNATING PROTECTED MATERIAL 

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 

or non-party that designates information or items for protection under this Order must take care to 

limit any such designation to specific material that qualifies under the appropriate standards. A 

Designating Party must take care to designate for protection only those parts of material, 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 4 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

documents, items, or oral or written communications that qualify – so that other portions of the 

material, documents, items, or communications for which protection is not warranted are not 

swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized 

designations are prohibited. Designations that are shown to be clearly unjustified, or that have 

been made for an improper purpose (e.g., to unnecessarily encumber or retard the case 

development process, or to impose unnecessary expense and burdens on other parties), expose the 

Designating Party to sanctions. 

If it comes to a Party’s or a non-party’s attention that information or items that it 

designated for protection do not qualify for protection, that Party or non-party must promptly 

notify all other parties that it is withdrawing the mistaken designation. 

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 

(see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, 

material that qualifies for protection under this Order must be clearly so designated before the 

material is disclosed or produced. The protections and procedures provided by this Order apply 

to all documents produced and designated “Confidential” before entry of this Order. 

Designation in conformity with this Order requires: 

(a) for information in documentary form (apart from transcripts of depositions or other 

pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” at the 

top or bottom of each page that contains protected material. If only a portion or portions of the 

material on a page qualifies for protection, the Producing Party also must clearly identify the 

protected portion(s) (e.g., by making the appropriate markings in the margins). 

A Party or non-party that makes original documents or materials available for inspection 

need not designate them for protection until after the inspecting Party has indicated which 

material it would like copied and produced. After the inspecting Party has identified the 

documents it wants copied and produced, the Producing Party must determine which documents 

qualify for protection under this Order, then, before producing the specified documents, the 

Producing Party must affix the legend “CONFIDENTIAL” on each page that contains Protected 

Material. If only a portion or portions of the material on a page qualifies for protection, the 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 5 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

Producing Party also must clearly identify the protected portion(s) (e.g., by making the 

appropriate markings in the margins). 

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the 

Party or non-party offering or sponsoring the testimony identify on the record, before the close of 

the deposition, hearing, or other proceeding, all protected testimony. When it is impractical to 

identify separately each portion of testimony that is entitled to protection, and when it appears 

that substantial portions of the testimony may qualify for protection, the Party or non-party that 

sponsors, offers, or gives the testimony may invoke on the record (before the deposition or 

proceeding is concluded) a right to have up to 20 days to identify the specific portions of the 

testimony as to which protection is sought. If a transcript is created for the deposition, pretrial or 

trial proceedings, the 20-day period begins to run upon release of the transcript to the Party or 

non-party offering or sponsoring the testimony. Only those portions of the testimony that are 

appropriately designated for protection within the 20 days shall be covered by the provisions of 

this Stipulated Protective Order. 

Transcript pages containing Protected Material must be separately bound by the court 

reporter, who must affix to the top or bottom of each such page the legend “CONFIDENTIAL” as 

instructed by the Party or nonparty offering or sponsoring the witness or presenting the testimony. 

(c) for information produced in some form other than documentary, and for any other 

tangible items, that the Producing Party affix in a prominent place on the exterior of the container 

or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only 

portions of the information or item warrant protection, the Producing Party, to the extent 

practicable, shall identify the protected portions. 

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 

designate qualified information or items as “Confidential” does not, standing alone, waive the 

Designating Party’s right to secure protection under this Order for such material. If material is 

appropriately designated as “Confidential” after the material was initially produced, the 

Receiving Party, on timely notification of the designation, must make reasonable efforts to assure 

that the material is treated in accordance with the provisions of this Order. 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 6 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

3492

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 

6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party’s 

confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary 

economic burdens, or a later significant disruption or delay of the litigation, a Party does not 

waive its right to challenge a confidentiality designation by electing not to mount a challenge 

promptly after the original designation is disclosed. 

6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating 

Party’s confidentiality designation must do so in good faith and must begin the process by 

conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) 

with counsel for the Designating Party. In conferring, the challenging Party must explain the 

basis for its belief that the confidentiality designation was not proper and must give the 

Designating Party an opportunity to review the designated material, to reconsider the 

circumstances, and, if no change in designation is offered, to explain the basis for the chosen 

designation. A challenging Party may proceed to the next stage of the challenge process only if it 

has engaged in this meet and confer process first. 

6.3 Judicial Intervention. A Party that elects to press a challenge to a confidentiality 

designation after considering the justification offered by the Designating Party may file and serve 

a motion under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) 

that identifies the challenged material and sets forth in detail the basis for the challenge. Each 

such motion must be accompanied by a competent declaration that affirms that the movant has 

complied with the meet and confer requirements imposed in the preceding paragraph and that sets 

forth with specificity the justification for the confidentiality designation that was given by the 

Designating Party in the meet and confer dialogue. 

The burden of persuasion in any such challenge proceeding shall be on the Designating 

Party. Until the Court rules on the challenge, all parties shall continue to afford the material in 

question the level of protection to which it is entitled under the Producing Party’s designation. 

/ / / 

/ / / 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 7 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

7. ACCESS TO AND USE OF PROTECTED MATERIAL 

7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 

or produced by another Party or by a non-party in connection with this case only for prosecuting, 

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only 

to the categories of persons and under the conditions described in this Order. When the litigation 

has been terminated, a Receiving Party must comply with the provisions of section 11, below 

(FINAL DISPOSITION). 

Protected Material must be stored and maintained by a Receiving Party at a location and 

in a secure manner that ensures that access is limited to the persons authorized under this Order. 

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 

ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may 

disclose any information or item designated CONFIDENTIAL only to: 

(a) the Receiving Party’s Outside Counsel of record in this action, as well as 

employees of said Counsel to whom it is reasonably necessary to disclose the information for this 

litigation;

(b) the officers, directors, and employees (including House Counsel) of the Receiving 

Party to whom disclosure is reasonably necessary for this litigation; 

(c) experts (as defined in this Order) of the Receiving Party to whom disclosure is 

reasonably necessary for this litigation and who have signed the “Acknowledgment and 

Agreement to Be Bound by Protective Order” (Exhibit A); 

(d) the Court and its personnel; 

(e) court reporters and their staffs; 

(f) professional vendors to whom disclosure is reasonably necessary for this litigation 

and who have signed the “Acknowledgment and Agreement to Be Bound by Protective Order” 

(Exhibit A); 

(g) during their depositions, witnesses in the action to whom disclosure is reasonably 

necessary; pages of transcribed deposition testimony or exhibits to depositions that reveal 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 8 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

Protected Material must be separately bound by the court reporter and may not be disclosed to 

anyone except as permitted under this Stipulated Protective Order; 

(h) the author of the document or the original source of the information. 

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 

IN OTHER LITIGATION

If a Receiving Party is served with a subpoena or an order issued in other litigation that 

would compel disclosure of any information or items designated in this action as 

“CONFIDENTIAL,” the Receiving Party must so notify the Designating Party, in writing (by 

email or fax, if possible) immediately and in no event more than five (5) court days after 

receiving the subpoena or order. Such notification must include a copy of the subpoena or court 

order.

The Receiving Party also must immediately inform in writing the Party who caused the 

subpoena or order to issue in the other litigation that some or all the material covered by the 

subpoena or order is the subject of this Order. In addition, the Receiving Party must deliver a 

copy of this Order promptly to the Party in the other action that caused the subpoena or order to 

issue.

The purpose of imposing these duties is to alert the interested parties to the existence of 

this Order and to afford the Designating Party in this case an opportunity to try to protect its 

confidentiality interests in the court from which the subpoena or order issued. The Designating 

Party shall bear the burdens and the expenses of seeking protection in that court of its confidential 

material – and nothing in these provisions should be construed as authorizing or encouraging a 

Receiving Party in this action to disobey a lawful directive from another court. 

9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 

Material to any person or in any circumstance not authorized under this Order, the Receiving 

Party must immediately (a) notify in writing the Designating Party of the unauthorized 

disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the 

person or persons to whom unauthorized disclosures were made of all the terms of this Order, and 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 9 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

(d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound 

by Protective Order” that is attached hereto as Exhibit A. 

10. FILING PROTECTED MATERIAL

Without written permission from the Designating Party or a Court order secured after 

appropriate notice to all interested persons, a Party may not file in the public record in this action 

any Protected Material. A Party that seeks to file under seal any Protected Material must comply 

with Civil Local Rule 79-5. 

11. FINAL DISPOSITION

Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days 

after the final termination of this action or any appeal(s) therefrom, each Receiving Party must 

return all Protected Material to the Producing Party or destroy the Protected Material. As used in 

this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries 

or any other form of reproducing or capturing any of the Protected Material. Whether the 

Protected Material is returned or destroyed, the Receiving Party must submit a written 

certification to the Producing Party (and, if not the same person or entity, to the Designating 

Party) by the sixty-day deadline that identifies (by category, where appropriate) all the Protected 

Material that was returned or destroyed and that affirms that the Receiving Party has not retained 

any copies, abstracts, compilations, summaries or other forms of reproducing or capturing any of 

the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 

copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or attorney 

work product, even if such materials contain Protected Material. Any such archival copies that 

contain or constitute Protected Material remain subject to this Protective Order as set forth in 

Section 4 (DURATION), above. 

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 

seek its modification by the Court in the future. 

12.2 Right to Assert Other Objections. By stipulating to the entry of this Order, no 

Party waives any right it otherwise would have to object to disclosing or producing any 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 10 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

information or item on any ground not addressed herein. Similarly, no Party waives any right to 

object on any ground to use in evidence of any of the material covered by this Order. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

DATED: March 2, 2010 JOSEPH P. RUSSONIELLO 

United States Attorney 

By: /s/ Jonathan U. Lee 

CHARLES M. O’CONNOR 

JONATHAN U. LEE 

Assistant U.S. Attorneys 

COUNSEL FOR THE PRESIDIO TRUST 

DATED: March 2, 2010 SQUIRE, SANDERS & DEMPSEY L.L.P. 

By: /s/ David A. Gabianelli 

DAVID A. GABIANELLI 

Attorneys for Defendants and Counter-claimant 

STEADFAST INSURANCE COMPANY and 

ZURICH AMERICAN INSURANCE COMPANY 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: _________________, 2010 

 HON. MAXINE M. CHESNEY 

United States District Judge 

March 4

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 11 of 12
SQUIRE, SANDERS & 

DEMPSEY L.L.P. 

One Maritime Plaza, Suite 300 

San Francisco, California 94111-

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STIPULATED PROTECTIVE ORDER, CASE NO. CV 08-5005-MMC

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

I, _____________________________ [print or type full name], declare under penalty of 

perjury that I have read in its entirety and understand the Stipulated Protective Order that was 

issued by the United States District Court for the Northern District of California on 

____________, 2010 in the case of United States of America v. Zurich Ins. Co., et al., Case No. 

CV 08-5005-MMC. I agree to comply with and to be bound by all the terms of this Stipulated 

Protective Order and I understand and acknowledge that failure to so comply could expose me to 

sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in 

any manner any information or item that is subject to this Stipulated Protective Order to any 

person or entity except in strict compliance with the provisions of this Stipulated Protective 

Order.

I further agree to submit to the jurisdiction of the United States District Court for the 

Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 

Order, even if such enforcement proceedings occur after termination of this action.

Date:

City and State where sworn and signed: 

Printed name: 

 [printed name] 

Signature: 

[signature] 

Case 3:08-cv-05005-MMC Document 29 Filed 03/04/10 Page 12 of 12