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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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NORMAN J. BLEARS (SBN 95600) 

HOGAN LOVELLS US LLP 

525 University Avenue, 4th Floor 

Palo Alto, California 94301 

Telephone: (650) 463-4000 

Facsimile: (650) 463-4199 

njblears@hhlaw.com

Attorneys for Third-Party Defendant 

FEDERAL INSURANCE COMPANY 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION

JON W. BAYLESS and GARY J. 

MORGENTHALER, as Trustees in Dissolution for 

WESTWAVE COMMUNICATIONS, INC., a 

dissolved Delaware Corporation, 

Plaintiff, 

v. 

ILLINOIS UNION INSURANCE COMPANY, 

and DOES 1-10, 

Defendants,

CASE NO.: 03:08-CV-01779-JSW 

STIPULATED PROTECTIVE 

ORDER REGARDING 

CONFIDENTIAL INFORMATION

ILLINOIS UNION INSURANCE COMPANY, 

Third-Party Plaintiff, 

v. 

FEDERAL INSURANCE COMPANY, 

Third-Party Defendant.

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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WHEREAS, certain documents, materials, answers to interrogatories, responses to 

requests to admit, deposition testimony, etc., which may be requested during the course of 

discovery in this action may contain information that is privileged or is confidential personal or 

business information, confidential financial information, proprietary information, trade secrets or 

other confidential information which if disclosed might adversely affect the disclosing party’s 

competitive position or business operations. 

NOW, THEREFORE, pursuant to Rule 26(c)(1) of the Federal Rules of Civil 

Procedure, and the parties having stipulated to the need for and terms of this stipulation and order 

(the “Stipulation and Protective Order”), it is ORDERED that: 

A. CONFIDENTIAL DOCUMENTS AND DISCOVERY RESPONSES

1. This Stipulation and Protective Order shall govern all documents, tangible things, 

and information produced, provided, or made available in this action by parties hereto or others 

(hereinafter “documents and discovery responses”). For the purposes of this Stipulation and 

Protective Order, the term “document” shall mean any written, typed or printed matter of any 

kind, sound recordings, computer or other electronic recordings, photographs, or any other 

medium for preserving, duplicating or recording written or spoken words or images. 

2. Any producer of documents and discovery responses may designate as 

“confidential” any document or discovery response provided in the course of this litigation that 

constitutes or contains confidential personal or business information, confidential financial 

information, proprietary information, trade secrets, confidential communications from an insured 

or applicant for insurance, or other confidential information which if disclosed might adversely 

affect the disclosing party’s competitive position or business operations. Any document 

designated “confidential” shall bear the label or stamp “CONFIDENTIAL.” 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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3. Subject to the provisions of Paragraph 4 below, the documents and discovery 

responses that are designated “confidential” shall be used solely in the prosecution or defense of 

this action and for no other litigation, business or other purpose, except for the presentation of a 

claim to reinsurers, 

4. a. Documents and discovery responses which are designated “confidential,” 

copies thereof, and the information contained therein, shall not be exhibited or disclosed by 

counsel or by any party to any other person or entity; provided, however, that nothing herein shall 

prevent the exhibition of such documents or the disclosure of information contained therein only 

to the following persons, who shall use such documents and the information contained therein 

solely in the prosecution or defense of this case and for no other litigation, business or other 

purpose, except for the presentation of a claim to reinsurers: 

i. Counsel for the parties to this litigation, including in-house counsel, 

and their employees, who are actively engaged in connection with, 

or who are making decisions with respect to, the preparation for and 

trial of this litigation; 

ii. Current employees of the parties who are assisting in the 

preparation of, or are actively engaged in connection with, or are 

making decisions with respect to, the preparation for and trial of 

this litigation (provided that such persons shall not include persons 

employed as underwriters of any party unless the document pertains 

directly to an insurance policy of which that underwriter 

participated in the negotiation or issuance); 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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iii. Persons who have prepared or assisted in the preparation of such 

documents or to whom the documents or copies thereof were 

addressed or delivered; 

iv. Former employees of the parties who are assisting in the 

preparation of, or are actively engaged in connection with, or are 

making decisions with respect to, the preparation for and trial of 

this litigation, provided that such individuals have agreed to be 

bound by this Stipulation and Protective Order (and further 

provided that such persons shall not include persons employed as 

underwriters of any party unless the document pertains directly to 

an insurance policy of which that underwriter participated in the 

negotiation or issuance); 

v. Court personnel and/or court reporters who actively are engaged in 

connection with the preparation for and trial of this action; 

vi. To the extent deemed necessary by counsel or the party’s 

representatives, independent experts and consultants and their 

employees or clerical assistants who are employed, retained or 

otherwise consulted by counsel of record or a party for the purpose 

of analyzing data, conducting studies or providing opinions to assist 

in any way in the above captioned action, provided that such 

individuals have agreed to be bound by this Stipulation and 

Protective Order; 

vii. To the extent deemed necessary by counsel, non-party witnesses or 

potential non-party witnesses, in preparation for giving testimony in 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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this litigation by deposition or at trial relating to “confidential” 

documents or who are believed to possess information deemed 

necessary for the prosecution or defense of this action, provided 

that the witness or potential witness has agreed to be bound by this 

Stipulation and Protective Order (and further provided that such 

persons shall not include persons employed as underwriters of any 

party unless the document pertains directly to an insurance policy 

of which that underwriter participated in the negotiation or 

issuance); 

viii. Any person who otherwise would be entitled to review the 

“confidential” documents, including reinsurers and auditors, as a 

result of federal or state laws, or court orders; provided, however, 

that such “confidential” documents will not be procured pursuant to 

a request for production of documents in any other action in the 

absence of an order requiring such production unless the producing 

party, after receiving notice of the request for production and 

having a reasonable opportunity to intervene and object to such 

production, fails to move for a protective order or take other action 

to bar disclosure; 

ix. A third party for the limited purpose of copying documents or 

providing messenger services for documents to the extent 

reasonably necessary for use in preparation for and participation in 

trial of and proceedings in this action. Documents in the possession 

of third parties as provided by this subsection shall be deemed to be 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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in the possession of counsel releasing the documents, who shall 

remain responsible for assuring compliance with this Stipulation 

and Protective Order while the documents are in the possession of 

such third parties. 

b. No party receiving confidential documents or discovery responses shall 

disclose such documents or information contained therein to any person other than those specified 

in paragraph 4(a) of this Stipulation and Protective Order. However, if counsel shall thereafter 

desire to give, show, make available or communicate such materials in any way to any persons 

other than those referred to in paragraph 4(a) above, counsel shall notify the counsel for the party 

which produced materials designated “confidential” in writing of the proposed use or disclosure 

and shall specify the name, occupation and address of the person to whom disclosure is proposed, 

the reason for the proposed disclosure, and a description of the documents or information to be 

disclosed. 

c. In the event that the party which produced the confidential documents 

objects to the disclosure of the documents to a person designated under paragraph 4(b) of this 

Stipulation and Protective Order, it shall within ten days of receipt of notice notify the opposing 

counsel in writing of such objection and the grounds therefore, and, if such dispute is not resolved 

on an informal basis, shall promptly submit such objection to the Court for a ruling. There shall 

be no disclosure pending a resolution of the dispute either on an informal basis or by a ruling of 

the Court. 

5. a. Confidential documents shall not be given, shown, made available, 

discussed or otherwise communicated to anyone other than the attorneys of record and in-house 

counsel, including their agents and employees acting under their direction, without first informing 

them of the contents of this Stipulation and Protective Order. In the case of former employees, 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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non-employee witnesses under paragraph 4(a)(vi) and persons specified in paragraph 4(a)(vii), 

counsel shall obtain from such person a signed acknowledgment, in the form attached hereto as 

Exhibit A, that the person: 

i. Is familiar with the terms of this Stipulation and Protective Order 

and agrees to comply with and be bound by them, and 

ii. Submits to this Court’s jurisdiction for the purposes of enforcement 

of this Stipulation and Protective Order. 

6. a. Documents designated "confidential" or the information contained therein 

may be referred to in the course of depositions, or made exhibits to depositions, and the deponent, 

all counsel, and other persons present at the deposition, or who review the transcript thereof, shall 

be informed of and be bound by the terms of this Stipulation and Protective Order. 

b. Any party may designate as “confidential” testimony given during a 

deposition which, in good faith, it deems confidential, provided that the portion of the transcript 

relating to such confidential testimony shall be stamped confidential in accordance with the 

provisions of paragraph 2. Any party may designate as confidential any deposition testimony or 

deposition exhibits, by notice to all other parties, within 30 days of the date that the deposition 

transcript is received. All provisions of this Stipulation and Protective Order shall apply to all 

deposition transcripts and/or testimony designated as confidential. 

7. Documents and discovery responses designated as "confidential" or the 

information contained therein or deposition testimony designated "confidential" may be referred 

to in documents such as briefs and memoranda filed with the Court or made exhibits to such 

documents, provided that any party seeking to file a document which contains "confidential" 

information shall concurrently file a motion to file under seal pursuant to, and in accordance with, 

Local Rule 79-5. 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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8. Nothing herein shall affect the right of any party to move for the admission into 

evidence of any document designated "confidential" or any portion of any deposition designated 

"confidential." If such documents are admitted, however, the Court shall take appropriate 

measures to protect their confidentiality. 

9. This Stipulation and Protective Order shall not apply to any document, or 

information contained therein, which is available publicly, or which is a matter of public record 

on file with any court or governmental or regulatory agency or board, or which is or becomes 

available to a party by any lawful and unrestricted means. 

10. The parties agree that this Stipulation and Protective Order may not be used in this 

or any other matter for any purpose against any party, except as may be necessary to enforce its 

terms. 

11. This Stipulation and Protective Order may be executed in any number of 

counterparts each of which shall be deemed to be an original and all of which shall constitute one 

and the same agreement. 

12. If any party or its counsel objects to the producing party's designation of 

information as "confidential," it shall advise the producing party and the parties shall make a 

reasonable, good-faith effort to resolve the issue. If the parties are unable to resolve the issue, the 

objecting party may move the Court for an appropriate order. A dispute as to designation shall 

not be grounds for delay of or refusal to permit discovery; provided, however, that until otherwise 

ordered by the Court, all the material as to which a dispute exists shall be treated as 

"confidential," and subject to the provisions of this Order. An order by the Court denying a 

motion for leave to file under seal shall constitute a finding that the document or information is 

not “confidential” pursuant to this order. 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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13. Nothing herein shall preclude any party from seeking a protective order to provide 

greater or additional protections for documents or other information to be produced in this action. 

14. This Stipulation and Protective Order may be amended only by the written 

agreement of the parties. 

NON-WAIVER OF ATTORNEY CLIENT PRIVILEGE

15. The production of privileged documents or discovery information by one party 

does not operate to waive the attorney-client privilege or the protections of the attorney work 

product doctrine or the joint defense privilege of any other party. 

16. The parties are permitted to produce to other parties in this litigation documents 

and discovery information pertaining to costs for legal services and litigation support services 

provided to them in connection with their defense of any claim or suit for which coverage is 

sought in this litigation. By producing such documents and discovery information, the party shall 

not be deemed to thereby waive any attorney-client privilege, work product protection, or other 

privilege that might pertain to any such legal services or litigation support services. This nonwaiver notwithstanding, the parties agree that any such documents and information produced by 

such party may be used by any party for any appropriate purpose in this litigation only, subject to 

the terms of this Stipulation and Protective Order. 

17. The inadvertent production of documents or discovery information does not 

constitute a knowing or voluntary waiver of the attorney-client privilege or the protections of the 

attorney work product doctrine or the joint defense privilege. 

// 

// 

// 

// 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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STIPULATED AND APPROVED: 

HODGSON RUSS LLP 

Attorneys for Westchester Fire Ins. Co. 

By:___/s/ Lisa Bauer ____________ 

Lisa Bauer, 

Kevin D. Szczepanski, and 

Brent Nowicki (all admitted Pro Hac Vice) 

The Guaranty Building 

140 Pearl Street, Suite 100 

Buffalo, New York 14202-4040 

Telephone: (716) 848-1398 

Facsimile: (716) 819-4751 

- and - 

DILLINGHAM & MURPHY LLP 

Dennis J. Kelly and 

Mark (Hsiao C.) Mao, Local Counsel 

225 Bush Street, 6th Floor 

San Francisco, California 94104-4207 

Telephone: (415) 397-2700 

Facsimile: (415) 397-3300

HOGAN LOVELLS US LLP 

Attorneys for Federal Ins. Co. 

By:___/s/ Norman J. Blears____________ 

Norman J. Blears 

525 University Avenue, 4th Floor 

Palo Atlo, California 94301 

Telephone: (650) 463-4000 

Facsimile: (650 463-4199

 I, Norman J. Blears, attest that Lisa Bauer approved the Stipulated Protective Order 

Regarding Confidential Information , and consent to its filing in this action. I will maintain an 

executed copy of this Stipulation in our files that can be made available for inspection upon 

request. 

By:___/s/ Norman J. Blears____________ 

IT IS SO ORDERED, this ___ day of __________, 2010. 

_______________________________________ 

United States District Judge 

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STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; CASE NO.: C 08-1779 JSW 

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ATTACHMENT A 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION

JON W. BAYLESS and GARY J. 

MORGENTHALER, as Trustees in Dissolution for 

WESTWAVE COMMUNICATIONS, INC., a 

dissolved Delaware Corporation, 

Plaintiff, 

v. 

ILLINOIS UNION INSURANCE COMPANY, 

and DOES 1-10, 

Defendants,

CASE NO.: 03:08-CV-01779-JSW 

ACKNOWLEDGMENT AND 

AGREEMENT

ILLINOIS UNION INSURANCE COMPANY, 

Third-Party Plaintiff, 

v. 

FEDERAL INSURANCE COMPANY, 

Third-Party Defendant.

I, __________________________, hereby acknowledge that I understand the 

terms of the Stipulated Protective Order Regarding Confidential Information (the “Protective 

Order”) entered in this action, and I agree to comply with and be bound by the Protective Order. I 

further agree: 

1. That I will not disclose to anyone who is not entitled to receive such information 

under the Protective Order documents or discovery responses designated “confidential” under the 

terms of the Protective Order; 

2. That I will not make use of any such documents or discovery responses designated 

“confidential” under the terms of the Protective Order other than for the purposes of this 

litigation; and 

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3. To be subject to the jurisdiction of the United States District Court for the 

Northern District of California, with respect to any issue arising out of the Protective Order. 

________________________________ ____________________ 

(Signature) (Date) 

________________________________ 

(Printed Name) 

________________________________ 

________________________________ 

________________________________ 

(Printed Address) 

________________________________ 

(Telephone Number) 

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