American General Life Insurance Company v. Razmik Khachatourians et al
Filing
133
PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Protective Order 131 (ib)
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MICHAEL K. BRISBIN (SBN 169495)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: (415) 433-0990
Facsimile: (415) 434-1370
Attorneys for Plaintiff,
AMERICAN GENERAL LIFE INSURANCE COMPANY
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IN THE UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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INSURANCE COMPANY,
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Plaintiff,
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v.
RAZMIK KHACHATOURIANS, et al.,
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Defendants.
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Case No.: CV 08-6408 DDP (RZx)
STIPULATED PROTECTIVE
ORDER BETWEEN PLAINTIFF
AMERICAN GENERAL LIFE
INSURANCE COMPANY,
PLAINTIFF/ASSIGNEE
NATIONAL FINANCIAL
PARTNERS, CORP., AND
DEFENDANT BRIAN MANSON
GOVERNING THIS CASE AND
RELATED CASES CV-09-03198
DDP (RZx), CV-08-06439 DDP
(RZx)
PURPOSE AND LIMITATIONS
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The parties in the above-captioned matter intend to provide disclosure of
settlement terms and agreements between Wells Fargo Bank, N.A., and American
General Life Insurance Company in the three related matters American General
Life Insurance Company v. Fausto Fernandez, et al., CV-09-03198 DDP (RZx) ,
American General Life Insurance Company v. Sudhir Munshi, et al.,CV-08-06439
DDP (RZx), and American General Life Insurance Company v. Razmik
Khachatourians, et al., CV 08-6408 DDP (RZx). The parties agree that these
settlement terms and agreements will not be used for any purpose other than
prosecuting the litigation in the three related cases. Accordingly, the parties
hereby stipulate to and petition the court to enter the following Stipulated
Protective Order relating to these agreements. This Stipulated Protective Order
may be referred to herein from time to time as this “Order.”
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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2.
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DEFINITIONS
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Party: any party to any of the Related Cases, including all of its
officers, directors, employees, consultants, Experts, and Outside
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Counsel of Record (and their support staff), and NFP’S
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subsidiaries Total Financial and Insurance Services, Inc., and
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First Global Insurance Services, Inc., or any of them.
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Non-Party: Any natural person, partnership, corporation,
association, or other legal entity not a Party to any of the Related
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Cases.
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Receiving Party: a Party that receives any Protected Material
from a Producing Party.
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Producing Party: a Party or Non-Party that produces any
Protected Material in any of the Related Cases.
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Protected Material: The settlement terms and/or related
agreements between Wells Fargo Bank, N.A. and American
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General Life Insurance Company in the Related Cases.
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“Protected Material” shall include information copied or
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extracted from any Protected Material, as well as all excerpts,
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summaries, or compilations thereof, plus testimony,
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conversations, or presentations by any Party or Counsel in court
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or in other settings that might reveal Protected Material. The
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term “Protected Material” shall apply regardless of the medium
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or manner in which such Protected Material is generated, stored,
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or maintained (including, among other things, testimony,
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transcripts, or tangible things), and whether such Protected
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Material is produced or generated in disclosures or responses to
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disclosures, or in response to discovery in any of the Related
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Cases.
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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Outside Counsel of Record: attorneys who are not employees of
a Party but who are retained to represent or advise a Party and
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have appeared in any of the Related Cases on behalf of that
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Party or are associated with a law firm which has appeared on
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behalf of that Party.
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House Counsel: attorneys who are employees of a Party or, for
any Party that is an attorney, such Party. House Counsel does
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not include any Outside Counsel of Record or any other outside
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counsel.
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Counsel (without qualifier): Outside Counsel of Record and
House Counsel (as well as their support staffs).
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Expert: a person with specialized knowledge or experience in a
matter pertinent to the litigation who has been retained by a
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Party or its Counsel to serve as an expert witness or as a
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consultant in any of the Related Cases.
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2.10 Professional Vendors: persons or entities that provide litigation
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support services (e.g., photocopying; videotaping; translating;
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preparing exhibits or demonstrations; organizing, storing,
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retrieving data in any form or medium; etc.) and their employees
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and subcontractors.
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2.11 Related Cases: United States District Court, Central District,
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matters American General Life Insurance Company v. Fausto
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Fernandez, et al., CV-09-03198 DDP (RZx), American General
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Life Insurance Company v. Sudhir Munshi, et al.,CV-08-06439
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DDP (RZx), and American General Life Insurance Company v.
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Razmik Khachatourians, et al., CV 08-6408 DDP (RZx), are
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related and collectively referred to herein as the “three related
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cases” or “Related Cases.”
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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2.12 “Agreement to Be Bound by Protective Order”: The
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“Agreement to Be Bound by Protective Order” attached to this
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Order as Exhibit A.
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SCOPE
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The protections conferred by this Order cover the Protected Material.
However, the protections conferred by this Order do not cover the following
information: (a) any information or item that at the time of disclosure to a
Receiving Party is in the public domain or after its disclosure to a Receiving Party
becomes part of the public domain as a result of disclosure not involving a
violation of this Order; or (b) any information known to the Receiving Party prior
to the disclosure or obtained by the Receiving Party after the disclosure from a
source who obtained the information lawfully and under no obligation of
confidentiality to the Producing Party. Any use of Protected Material at trial shall
be governed by a separate agreement and/or order.
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DURATION
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Even after final disposition of this litigation, the confidentiality
obligations imposed by this Order shall remain in effect until a Producing Party
agrees otherwise in writing or a court order otherwise directs. Final disposition
shall be deemed to be the later of (1) dismissal of all claims and defenses in the
Related Cases, with or without prejudice; or (2) final judgment herein after the
completion and exhaustion of all appeals, re-hearings, remands, trials or reviews of
the Related Cases, including the time limits for the filing of any motions or
applications for extension of time pursuant to applicable law.
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ACCESS TO AND USE OF PROTECTED MATERIAL
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5.1
Basic Principles. A Receiving Party may use Protected
Material disclosed or produced by another Party or by a Non-Party only in
connection with the three Related Cases, including, without limitation, in
identifying and prosecuting any counter-claims and/or cross-claims, and only for
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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prosecuting, defending, or attempting to settle litigation of the three related cases,
including but not limited to the claims American General Life Insurance Company
assigned to National Financial Partners Corp. in approximately December 2009.
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 9, below
(entitled FINAL DISPOSITION).
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The 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.
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the court a Receiving Party may disclose any of the Protected Material only to:
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(a)
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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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this litigation and who have signed the “Agreement to Be Bound by Protective
Order”;
(c)
Bound by Protective Order”;
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the Court and its personnel;
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Experts of the Receiving Party to whom disclosure is
reasonably necessary for this litigation and who have signed the “Agreement to Be
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the officers, directors, and employees (including House
Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
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the Receiving Party’s Outside Counsel of Record in any
of the Related Cases, as well as employees of said Outside Counsel of Record to
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Disclosure of Protected Material. Unless otherwise ordered by
court reporters, their staffs, consultants, mock jurors, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation
and who have signed the “Agreement to Be Bound by Protective Order”;
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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(f)
Non-Party in the Related Cases to whom disclosure is reasonably necessary and
who have signed the “Agreement to Be Bound by Protective Order” unless
otherwise ordered by the Court. Each Party shall require persons under such
Party’s control, including, without limitation, its officers, directors, employees, and
Experts, and NFP’S subsidiaries Total Financial and Insurance Services, Inc., and
First Global Insurance Services, Inc., who is a deposition witness to execute an
“Agreement to Be Bound by Protective Order”. 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
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(g)
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PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION.
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If a Party is served with a subpoena, discovery request, or an order issued in
other litigation that would compel disclosure of any Protected Material that Party
must:
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(a)
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discovery request or court order.
(b)
promptly notify in writing the person or entity who caused the
subpoena, discovery request or order to issue in the other litigation that some or all
the material covered by the subpoena, discovery request or order is the subject of
this Order. Such notification shall include a copy of this Order; and
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promptly notify the Producing Party in writing of the subpoena,
discovery request or order. Such notification must include a copy of the subpoena,
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the author or recipient of a document containing the
Protected Material or a person who otherwise possessed or knew the information.
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during their depositions, witnesses from any Party or
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cooperate with respect to all reasonable procedures sought to be
pursued by the Producing Party.
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Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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If the Producing Party timely seeks a protective order, the Party
served with the subpoena, discovery request or order shall not produce any
Protected Material until such Party receives a determination by the court from
which the subpoena, discovery request or order issued that the Protected Material
must be produced. The Producing Party shall bear the burdens and the expenses of
seeking protection in that court of the Protected Material and nothing in these
provisions should be construed as authorizing or encouraging a Receiving Party in
any of the Related Cases to disobey a lawful directive from another court.
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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
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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
Producing 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 “Agreement to Be Bound by Protective
Order”.
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FILING PROTECTED MATERIAL.
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Without written permission from the Producing Party or a court order
secured after appropriate notice to all interested persons, a Party may not file any
Protected Material in the public record in any of the Related Cases. A Party that
seeks to file under seal any Protected Material must comply with the local rules of
the United States District Court, Central District, and/or the Federal Rules of Civil
Procedure. Protected Material may only be filed under seal in or with any Court
document or with any Court.
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FINAL DISPOSITION.
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Within fifteen days after the final disposition of the Related Cases, as
defined in Paragraph 4, each Receiving Party must return all print or other hard
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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copies of Protected Material to the Producing Party and destroy all electronic
copies of Protected Material. When returning Protected Material as required in this
Paragraph, the Receiving Party must submit a written certification to the Producing
Party that confirms all Protected Material was returned and destroyed and affirm
the Receiving Party has not retained any copies, abstracts, compilations,
summaries or other forms of reproducing or capturing any of the Protected
Material.
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If a receiving Party fails to comply with its obligations to return and destroy
Protected Material and to provide the certification required pursuant to this
Paragraph, that Receiving Party is entitled to notice of the failure and opportunity
to cure. If cured within 7 days after the Receiving Party receives said notice of its
failure, there shall be no penalty. Otherwise, court intervention and enforcement of
this Order may be sought.
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MISCELLANEOUS.
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10.1 Right to Further Relief. Nothing in this Order abridges the
right of any person to seek its modification by the Court in the future.
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10.2 Right to Assert Other Obligations. By stipulating to the entry
of this 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 Order. Similarly, no Party waives any right to object on any ground to use in
evidence any of the material covered by this Order.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
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Dated: May 3, 2012
LAW OFFICES OF ROBERT D.
COPPOLA, JR.
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By:
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/s/Robert D. Coppola Jr.
Robert D. Coppola, Jr.
Attorneys for Defendant,
BRIAN MANSON
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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Dated: May 3, 2012
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
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By:
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/s/ Michael K. Brisbin
Michael K. Brisbin
Attorneys for Plaintiff,
AMERICAN GENERAL LIFE
INSURANCE COMPANY
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Dated: May 3, 2012
WINGET, SPADAFORA &
SCHWARTZBERG LLP
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By:
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/s/ Timothy W. Fredricks
Timothy W. Fredricks
Attorneys for Plaintiff & Assignee,
NATIONAL FINANCIAL
PARTNERS CORPORATION
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Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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EXHIBIT “A”
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AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
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I,
[print or type full name], of
, [print or type full address], declare under penalty
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of perjury that I have read in its entirety and understand the Stipulated Protective
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Order that was filed with, and approved by, the United States District Court,
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Central District, for the three related cases, American General Life Insurance
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Company v. Fausto Fernandez, et al., CV-09-03198 DDP (RZx) , American
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General Life Insurance Company v. Sudhir Munshi, et al.,CV-08-06439 DDP
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(RZx), and American General Life Insurance Company v. Razmik Khachatourians,
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et al., CV 08-6408 DDP (RZx). I agree to comply with and be bound by all the
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terms of the Stipulated Protective Order and I understand and acknowledge that
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failure to so comply could expose me to sanctions and punishment in the nature of
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contempt. I solemnly promise that I will not disclose in any manner any
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information or item that is subject to this Stipulated Protective Order to any person
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or entity except in strict compliance with the provisions of this order.
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I further agree to submit to the jurisdiction of the United States District
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Court, Central District, for the purpose of enforcing the terms of this Stipulated
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Protective Order, even if such enforcement proceedings occur after termination of
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any or all of the cases listed above.
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I hereby appoint
[print or type full name], of
, [print or type full address and telephone number], as my
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California agent for service of process in connection with the cases listed above or
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any proceedings related to enforcement of this Stipulated Protective Order.
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Date: _______________ City/State where signed:
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Printed name:
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[printed name]
Signature:
[signature]
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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MICHAEL K. BRISBIN (SBN 169495)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: (415) 433-0990
Facsimile: (415) 434-1370
Attorneys for Plaintiff,
AMERICAN GENERAL LIFE INSURANCE COMPANY
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IN THE UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
9 AMERICAN GENERAL LIFE
INSURANCE COMPANY,
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Plaintiff,
v.
RAZMIK KHACHATOURIANS, et al.,
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Defendants.
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Case No.: CV 08-6408 DDP (RZx)
[PROPOSED] ORDER ON THE
STIPULATED PROTECTIVE
ORDER BETWEEN PLAINTIFF
AMERICAN GENERAL LIFE
INSURANCE COMPANY,
PLAINTIFF/ASSIGNEE
NATIONAL FINANCIAL
PARTNERS, CORP., AND
DEFENDANT BRIAN MANSON
GOVERNING THIS CASE AND
RELATED CASES CV-09-03198
DDP (RZx), CV-08-06439 DDP
(RZx)
In light of the Stipulated Protective Order between Plaintiff AMERICAN
GENERAL LIFE INSURANCE COMPANY, by and through its counsel Wilson,
Elser, Moskowitz, Edelman & Dicker, LLP; Plaintiff/Assignee NATIONAL
FINANCIAL PARTNERS, CORP., by and through its counsel Winget, Spadafora
& Schwartzberg; and Defendant BRIAN MANSON, by and through his counsel
the Law Offices of Robert D. Coppola, Jr., and good cause appearing therefore, the
Court hereby orders that the Stipulated Protective Order entered into by the Parties,
through their attorneys of record, governs the disclosure of Protected Material in
the three related cases. IT IS SO ORDERED.
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Dated: May 14, 2012
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___________________________________
HONORABLE RALPH ZAREFSKY
UNITED STATES MAGISTRATE JUDGE
Stipulated Protective Order Between AGLIC, NFP and Brian Manson
Case No.: CV-08-06408 DDP (RZx)
868038.1
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