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CRAIG E. FARMER (SB# 61086) (SPACE BELOW FOR FILING STAMP ONLY) 

FARMER, MURPHY, SMITH & ALLISTON

3640 American River Drive, Suite 150 

Sacramento, CA 95864 

Telephone: (916) 484-3500 

Fax: (916) 484-3510 

Attorneys for PROGRESSIVE SPECIALTY RISK INSURANCE COMPANY, SPECIALTY RISK 

INSURANCE COMPANY, PROGRESSIVE CASUALTY INSURANCE COMPANY, and 

PROGRESSIVE HOME INSURANCE COMPANY 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

STEVEN EDDINGFIELD and CHRISTINE 

EDDINGFIELD, 

 Plaintiffs, 

v. 

PROGRESSIVE SPECIALTY RISK 

INSURANCE COMPANY, SPECIALTY RISK 

INSURANCE COMPANY, PROGRESSIVE 

CASUALTY INSURANCE COMPANY, 

PROGRESSIVE HOME INSURANCE 

COMPANY and DOES 1-20, inclusive, 

 Defendants.

Case No. CIV S-04-2676 FCD/DAD 

STIPULATED PROTECTIVE ORDER RE: 

DISCOVERY 

Plaintiffs Steven Eddingfield and Christine Eddingfield ("Eddingfields") and Defendants 

PROGRESSIVE SPECIALTY RISK INSURANCE COMPANY, SPECIALTY RISK INSURANCE 

COMPANY, PROGRESSIVE CASUALTY INSURANCE COMPANY, and PROGRESSIVE 

HOME INSURANCE COMPANY (collectively "Progressive") through their respective counsel of 

record hereby stipulate to the following protective order which pertains to Specialty Risk Insurance 

Company's response to Request for Production of Documents and Things, Set One by the 

Eddingfields. 

Whereas, Progressive asserts that documents called for in Request Nos. 6 and 7 contain 

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confidential and proprietary information, and Progressive and Eddingfields wish to protect the 

asserted confidential information from unnecessary dissemination or disclosure during the course of 

discovery and/or trial of this action: 

IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through 

their respective undersigned counsel, as follows: 

1. The documents to be produced by Progressive's counsel to Eddingfields and their 

counsel in response to Request Nos. 6 and 7, are asserted by Progressive to contain confidential 

information; 

2. Progressive is permitted to label such documents produced to and for the parties in this 

action, under this protective order, as "Confidential." Such documents shall be deemed 

"Confidential" and subject to this Protective Order; 

3. The parties shall only utilize such documents, including any reference to the contents 

of these documents, any derivative use of the information contained in these documents, including in 

any written analysis, discovery responses, deposition testimony which specifically addresses the 

documents, subject to this Protective Order only for the purposes of this litigation; 

4. Access to the documents identified in paragraph 1 shall be limited to the following 

persons: (a) the parties to this action; (b) the parties' respective counsel and other attorneys in the 

firms of the parties' respective counsel for this action; (c) agents and employees of the parties' 

counsel; (d) experts, expert witnesses and consultants engaged by the parties and/or the parties' 

counsel in connection with this litigation; (e) the Court and court personnel; (f) the court reporter who 

transcribes testimony regarding such Confidential information at a deposition; and (g) mediators or 

arbitrators retained for settlement or arbitration of this action. Persons who are permitted access to 

said documents shall be advised that such documents marked "Confidential," are subject to this 

Protective Order. No copies of the documents identified in paragraph 1 shall be made except by or 

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on behalf of the parties' counsel, and said copies shall be subject to this Protective Order. 

5. Persons who are permitted access to the documents identified in paragraph 1 shall not 

discuss information contained in said documents with any person other than those persons permitted 

access to said documents by virtue of this Protective Order. 

6. The parties' counsel shall take reasonable precautions to prevent unauthorized or 

inadvertent disclosure of the documents identified in paragraph 1. When not in use, the documents 

identified in paragraph 1 shall be stored in a reasonably secure area of the offices of the respective 

parties' counsel. 

7. No person shall use any documents identified in paragraph 1 or the information 

contained therein for purposes other than this litigation. 

8. If any of the parties or their respective counsel in this action use any of the documents 

identified in paragraph 1 as exhibits to any pre-trial or discovery motions, and/or file pleadings 

pertaining to said motions which reveal information contained in the documents described by 

paragraph 1, the parties' counsel shall file and serve said exhibits and/or pleadings, in a sealed 

envelope labeled on the outside with a cover sheet containing the caption of the action and a 

statement substantially in the following form: 

Confidential - Subject to Stipulation:

This envelope (or container) is not to be opened nor the contents thereof to be displayed or 

revealed except to the court, or except by court order or by agreement of the parties. 

9. If any Confidential information described in paragraph 1 is the subject of inquiry at a 

deposition, the portion of the original of the transcript which sets forth or contains such Confidential 

information, or any exhibit to the deposition which contains such Confidential information shall be 

sealed by the court reporter and shall not be filed except pursuant to the provisions of this Protective 

Order. 

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10. This Protective Order shall be without prejudice to the right of the parties to bring 

before the Court at any time the question of whether any particular document or information 

designated to be protected under this Protective Order is confidential or whether its use should be 

restricted. However, disclosure of any documents described in paragraph 1 or derivative information 

from such documents that are disclosed pursuant to this Protective Order will not be deemed to be a 

waiver of any applicable privilege to the disclosed documents or information by the disclosing party. 

11. Upon final determination of this action by settlement or entry of final judgment 

(including appellate proceedings), the parties' respective counsel shall assemble and return the 

documents identified in paragraph 1 (and copies thereof) to counsel for Progressive. Determination 

of this action shall not automatically terminate this stipulation. 

12. Any party hereto shall be free to move the Court having jurisdiction in this matter to 

modify or rescind this stipulation. 

IT IS SO STIPULATED. 

Dated: June 15, 2005. FARMER, MURPHY, SMITH & ALLISTON 

 By: ___/s/______________________________ 

 Craig E. Farmer 

Dated: May 16, 2005. DIVELBISS & BONZELL, LLP 

 By: __/s/________________________________ 

 Scott A. Bonzell 

This order is deemed to comply with Local Rule 39-138(b) with respect to all documents 

submitted pursuant thereto. After final disposition of the case, the parties shall request that either the 

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documents filed under seal be unsealed or withdrawn from the custody of the Clerk by the filing 

party.

IT IS SO ORDERED. 

DATED: June 17, 2005. 

Ddad1/orders/civil/eddingfield2676.stipord 

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