Mendonsa v. Land O'Lakes, Inc.

District Court, E.D. California·Decided July 1, 2024·No. 1:22-cv-00731·Unknown

Opinion

1 THOMAS A. WOODS (SB #210050) thomas.woods@stoel.com 2 MICHELLE J. ROSALES (SB #343519) michelle.rosales@stoel.com 3 STOEL RIVES LLP 500 Capitol Mall, Suite 1600 4 Sacramento, CA 95814 Telephone: 916.447.0700 5 Facsimile: 916.447.4781

6 Attorneys for Defendants LAND O’LAKES, INC.; LAND O’LAKES 7 INSURANCE SOLUTIONS, LLC; BUYPOINT SERVICES CO., LLC; ADAM CARDWELL and 8 COREY RAMSDEN SCOTT fka COREY RAMSDEN 9

10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 FRANK MENDONSA, an individual, Case No. 1:22-cv-00731-KES-BAM 13 Plaintiff, STIPULATED [PROPOSED] PROTECTIVE ORDER 14 v.

15 LAND O’LAKES, INC., a Minnesota corporation; LAND O’LAKES INSURANCE 16 SOLUTIONS, LLC, a Minnesota limited liability company; BUYPOINT SERVICES 17 CO., LLC, a Minnesota limited liability company; ADAM CARDWELL, an individual; 18 COREY RAMSDEN SCOTT fka COREY RAMSDEN, an individual; and DOES 1 to 50, 19 inclusive, 20 Defendants. 21

22 23 24 25 26 27 28 1 1. PURPOSES AND LIMITATIONS

2 Plaintiff Frank Mendonsa (“Plaintiff”) presently brings claims of negligence, professional

3 negligence, negligent misrepresentation, and a UCL claim based on Defendants’1 alleged failure to

4 procure Plaintiff an agricultural DRP insurance policy from an insurance company, Producers

5 Agricultural Insurance Co. Disclosure and disc overy activity in this action are likely to involve

6 production of confidential, proprietary, or private information for which special protection from

7 public disclosure and from use for any purpose other than prosecuting this litigation. Specifically,

8 pursuant to Local Rule 141.1(c), the types of confidential, proprietary, or private information the

9 parties anticipate may be exchanged2 and for which the protections herein are sought includes, but

10 is not limited to: 11 (a) Documents and evidence relating to a confidential arbitration proceeding concerning 12 the subject matter of this litigation and that involved Plaintiff and a related non-party; 13 (b) Financial data normally protected from disclosure that was associated with 14 applications for insurance or policies of insurance, and/or bank accounts; 15 (c) Defendants’ and Plaintiff’s business information not limited to employment 16 information and/or operational or competitive information concerning Defendants’ involvement in 17 applications or procurement of insurance policies of the type at issue in the litigation, including all 18 financial and business-specific performance data. 19 These documents should be protected from disclosure because they contain confidential, 20 proprietary, or private and sensitive information, which is protected from disclosure which, if 21 disclosed publicly and outside of the scope of this present litigation, could cause harm to the Parties 22 (including competitive harm) and to third parties to this litigation. 23 24 1 “Defendants” are Defendants Land O’Lakes, Inc., Land O’Lakes Insurance Solutions, LLC, 25 Buypoint Services Co., LLC, Adam Cardwell, and Corey Ramsden Scott.

26 2 By these recitations neither party is conceding the relevance nor discoverability of any particular 27 information within the categories listed, but simply wish to identify general categories of information normally subject to protection that is reasonably anticipated to be inquired about in this 28 litigation. 1 The parties believe that the terms and conditions set forth below should be entered by a

2 court order, as opposed to a private agreement between or among the parties, because the terms

3 herein will pertain solely to the production and use of discovery in this action, will set forth

4 procedures by which the parties can expeditiously resolve confidentiality or privilege-related

5 disputes before the Court, and will govern poten tial discovery from third parties who would not

6 otherwise be subject to a private agreement.

7 Accordingly, the parties hereby stipulate to and petition the court to enter the following

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

9 protections on all disclosures or responses to discovery and that the protection it affords from public

10 disclosure and use extends only to the limited information or items that are entitled to confidential 11 treatment under the applicable legal principles. The parties further acknowledge, as set forth in 12 Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 13 information under seal; Civil Local Rule 141 sets forth the procedures that must be followed and 14 the standards that will be applied when a party seeks permission from the court to file material 15 under seal. 16 2. DEFINITIONS 17 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 18 information or items under this Order. 19 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 20 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 21 Civil Procedure 26(c). 22 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 23 as their support staff). 24 2.4 Designating Party: a Party or Non-Party that designates information or items that it 25 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 26 2.5 Disclosure or Discovery Material: all items or information, regardless of the 27 medium or manner in which it is generated, stored, or maintained (including, among other things, 28 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 1 responses to discovery in this matter.

2 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to

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

4 consultant in this action.

5 2.7 House Counsel: attorneys who are employees of a party to this action. House

6 Counsel does not include Outside Counsel of Record or any other outside counsel.

7 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal

8 entity not named as a Party to this action.

9 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action

10 but are retained to represent or advise a party to this action and have appeared in this action on 11 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 12 2.10 Party: any party to this action, including all of its officers, directors, employees, 13 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 14 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 15 Material in this action. 16 2.12 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 18 storing, or retrieving data in any form or medium) and their employees and subcontractors. 19 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 20 “CONFIDENTIAL.” 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a 22 Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only Protected Material 25 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 26 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 27 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

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