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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ARTURO CHING, an individual on behalf 

of himself and all others similarly situated, 

 Plaintiff, 

 vs. 

STATE FARM MUTUAL AUTOMOBILE 

INSURANCE COMPANY; and DOES 1 

through 10 inclusive, 

 Defendants. 

CASE NO. CV 09-2613 MMC (EDL) 

Hon. Maxine M. Chesney 

STIPULATED PROTECTIVE ORDER 

 The parties to this action, Plaintiff ARTURO CHING individually and on behalf of all 

others similarly situated, by and through his attorneys, and Defendant STATE FARM MUTUAL 

AUTOMOBILE INSURANCE COMPANY, hereinafter referred to as “State Farm”, by and 

through its attorneys, do hereby stipulate to and agree that an order pursuant to Federal Rule of 

Civil Procedure 26(c) is necessary and hereby agree to the following protective order: 

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 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

Protective Order (the “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 

F.R.Civ.P. 26(c). 

2.4. “Highly Confidential – Attorneys’ Eyes Only” Information or Items: Extremely 

sensitive “Confidential Information or Items” whose disclosure to another Party or non-party 

would create a substantial risk of serious injury that could not be avoided by less restrictive 

means. 

2.5. Receiving Party: A Party that receives Disclosure or Discovery Material from a 

Producing Party.

2.6. Producing Party: A Party or non-party that produces Disclosure or Discovery 

Material in this action. 

2.7. Designating Party: A Party or non-party that designates information or items that it 

produces in disclosures or in responses to discovery as “Confidential” or “Highly Confidential — 

Attorneys’ Eyes Only.” 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

2.8. Protected Material: Any Disclosure or Discovery Material that is designated as 

“Confidential” or as “Highly Confidential – Attorneys’ Eyes Only.” 

2.9. Outside Counsel: Attorneys who are not employees of a Party but who are retained 

to represent and have appeared for a Party in this action. 

2.10. House Counsel: Attorneys who are employees of a Party. 

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

support staffs). 

2.12. 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 and who is not a past or a current employee of a Party or a competitor of a 

Party and who, at the time of retention, is not anticipated to become an employee of a Party or a 

competitor of a Party. This definition includes a professional jury or trial consultant retained in 

connection with this litigation. 

2.13. 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 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.

/ / / 

/ / / 

/ / / 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

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, 

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. If it comes to a Party’s or a 

non-party’s attention that information or items that it designated for protection does not qualify for 

protection at all, or does not qualify for the level of protection initially asserted, that Party or nonparty 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. 

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” or 

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at the top 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 

appropriate markings in the margins) and must specify, for each portion, the level of protection 

being asserted (either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 

EYES ONLY”). 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

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. During the inspection and before the designation, all of the 

material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 

ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants 

copied and produced, the Producing Party must determine which documents, or portions thereof, 

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

Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) at the top 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 appropriate 

markings in the margins) and must specify, for each portion, the level of protection being asserted 

(either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”).

(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, and further specify any 

portions of the testimony that qualify as “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 

ONLY.” 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 and to specify the level of 

protection being asserted (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 

EYES ONLY”). 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 and exhibits containing Protected Material must be separately 

bound by the court reporter, who must affix to the top of each such page the legend 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” 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” or 

“HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” If only portions of the 

information or item warrant protection, the Producing Party, to the extent practicable, shall identify 

the protected portions, specifying whether they qualify as “Confidential” or as “Highly 

Confidential — Attorneys’ Eyes Only.” 

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

designate qualified information or items as “Confidential” or “Highly Confidential — Attorneys’ 

Eyes Only” 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” or “Highly 

Confidential — Attorneys’ Eyes Only” 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. 

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 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

opportunity to review the designated material, to reconsider the circumstances, and, if no change in 

designation is offered, to explain the basis of 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. 

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: 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

(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 and 

who have signed the “Agreement to Be Bound by Protective Order” that is attached hereto as 

Exhibit A; 

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

to whom disclosure is reasonably necessary for this litigation and who have signed the “Agreement 

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

(c) Experts (as defined in this Order) and their staffs to whom disclosure is reasonably 

necessary for this litigation and who have signed the “Agreement to Be Bound by Protective 

Order” (Exhibit A); 

(d) the Court and its personnel; 

(e) court reporters, their staffs, and professional vendors to whom disclosure is reasonably 

necessary for this litigation and who have signed the “Agreement to Be Bound by Protective 

Order” (Exhibit A); 

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

necessary and who have signed the “Agreement to Be Bound by Protective Order” (Exhibit A). 

Pages of transcribed deposition testimony or exhibits to depositions that reveal 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.; and 

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

7.3. Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 

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 “HIGHLY 

CONFIDENTIAL — ATTORNEYS’ EYES ONLY” 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 and 

who have signed the “Agreement to Be Bound by Protective Order” that is attached hereto as 

Exhibit A; 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

(b) Experts (as defined in this Order) (1) to whom disclosure is reasonably necessary for 

this litigation and (2) who have signed the “Agreement to Be Bound by Protective Order” (Exhibit 

A);

(c) the Court and its personnel; 

(d) court reporters, their staffs, and professional vendors to whom disclosure is reasonably 

necessary for this litigation and who have signed the “Agreement to Be Bound by Protective 

Order” (Exhibit A);

(e) during their depositions or at hearings, witnesses where it appears on the face of the 

document or other item or from other documents or testimony that the HIGHLY CONFIDENTIAL 

— ATTORNEYS’ EYES ONLY information or item has been received or authored by that 

witness, or communicated to that witness, or it otherwise appears on the face of the document or 

other item that the document or item contains information about which it appears reasonably likely 

that the witness has discoverable information. Witnesses shall not be permitted to retain copies of 

HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY materials or exhibits; and 

(f) 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” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” the 

Receiving Party must so notify the Designating Party, in writing (by fax, if possible) immediately 

and in no event more than three 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 Protective Order. In addition, the Receiving Party must 

deliver a copy of this Stipulated Protective Order promptly to the Party in the other action that 

caused the subpoena or order to issue. 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

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

Protective 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 Stipulated Protective 

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

Be Bound” 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 (60) 

days after the final termination of this action, each Receiving Party must return all Protected 

Material to the Producing Party. 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. With permission in writing from the Designating Party, the Receiving Party 

may destroy some or all of the Protected Material instead of returning it. 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 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

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. 

/ / / 

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STIPULATED PROTECTIVE ORDER 

CASE NO. CV 09-2613 MMC (EDL)

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 Protective Order 

no Party waives any right it otherwise would have to object to disclosing or producing any 

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 

Party waives any right to object on any ground to use in evidence of any of the material covered by 

this Protective Order. 

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

DATED: February 4, 2010 KABATECK BROWN KELLNER LLP 

By: /s/

Brian S. Kabateck 

Richard L. Kellner 

Alfredo Torrijos 

Attorneys for Plaintiff

DATED: February 4, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP 

By: /s/

Kevin J. Dunne 

Laura L. Goodman 

Andrew J. King 

Attorneys for Defendant

 PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. 

DATED: _____________, 2010 

By:_____________________________

Hon. Maxine M. Chesney 

United States District Judge 

February 16

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ACKNOWLEDGMENT AND AGREEMENT 

CASE NO. CV 09-2613 MMC (EDL)

EXHIBIT A 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ARTURO CHING, an individual on behalf of 

himself and all others similarly situated, 

 Plaintiff, 

 vs. 

STATE FARM MUTUAL AUTOMOBILE 

INSURANCE COMPANY; and DOES 1 

through 10 inclusive, 

 Defendants. 

CASE NO. CV 09-2613 MMC (EDL) 

Hon. Maxine M. Chesney 

ACKNOWLEDGMENT AND AGREEMENT 

TO BE BOUND BY TERMS OF 

STIPULATED PROTECTIVE ORDER 

I., _________________________________ [print or type full name], of 

______________________________ [print or type full address], 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 ______________[date] in the 

case of Arturo Ching v. State Farm Mutual Automobile Insurance Company, United States District 

Court, Northern District of California Case No. CV 09-2613 MMC (EDL). 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 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 Order, even if such 

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ACKNOWLEDGMENT AND AGREEMENT 

CASE NO. CV 09-2613 MMC (EDL)

enforcement proceedings occur after termination of this action. 

I hereby appoint _________________________ [print or type full name] of 

__________________________________ [print or type full address and telephone number] as my 

California agent for service of process in connection with this action or any proceedings related to 

enforcement of this Order. 

Date: 

City and State where sworn and signed: 

Printed name: 

Signature: 

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