[PROPOSED] PROTECTIVE ORDER

ARTHUR NAKAZATO, Magistrate Judge.

The Court, after finding that good cause exists for this Protective Order, HEREBY ORDERS that:

1. Any material or information classified as "CONFIDENTIAL", as described in paragraph 2 below, (including, but not limited to, documents, exhibits, answers to interrogatories, responses to requests for admission, deposition transcripts and testimony, and materials and documents prepared by experts containing confidential material), shall be governed by this Order.

2. Any material or information produced in response to the Court's January 4, 2013 Order regarding production of claims manuals (Doc 41) may be designated as "CONFIDENTIAL", if the party has a good faith belief that the information or material produced is proprietary or reflects trade secret information. The party believing that the material requires protection shall inform all counsel as to which materials are to be treated as confidential; and counsel shall affix in a conspicuous manner the marking "CONFIDENTIAL" to each of those materials. Absent a specific order by this Court, such materials designated as Confidential shall be used by the parties solely in connection with this litigation, and not for any other purpose; and such information shall not be disclosed to anyone except as provided herein.

3. Whenever experts, attorneys, paralegals or other persons prepare discoverable documents that summarize, recite or otherwise disclose such Confidential information, the party or attorney for whom those persons performed services shall affix the marking "CONFIDENTIAL" in a conspicuous manner on each of those documents.

4. If any information or material designated to be Confidential pursuant to this Order is used during the course of a deposition in this action, that portion of the deposition record reflecting such Confidential information shall be sealed and stamped or marked "CONFIDENTIAL," and access thereto shall be limited pursuant to the terms of this Order.

5. Witnesses or counsel at a deposition in this action shall invoke the provisions of this Order by stating on the record during deposition that testimony given at the deposition is designated "Confidential." No person shall attend portions of the depositions designated "CONFIDENTIAL" unless such person is an authorized recipient of the confidential information under the terms of this Order. Any court reporter who transcribes "CONFIDENTIAL" testimony in this action at a deposition shall agree, before transcribing any such testimony, that all "CONFIDENTIAL" testimony is and shall remain protected and shall not be disclosed except as provided in this Order; copies of any transcript, reporter's notes, or any other transcription records of any such testimony, will be marked "CONFIDENTIAL" and will be retained in absolute confidence and safekeeping by such reporter, delivered to the attorneys of record or filed under seal with the Court.

6. Material designated as "CONFIDENTIAL" or copies or extracts therefrom and the information therein, may be given, shown, made available to, or communicated only to:

7. All confidential material which is filed with the Court shall be submitted separately to the Court under seal. Any pleadings, motions, or other papers disclosing said Confidential information shall be filed under seal. Regardless of who has filed the document containing the Confidential information, it shall be the party who has designated the information as Confidential that shall have the burden to prove to the Court why the document should remain sealed and not be filed with public access. If that party is unable to obtain and maintain a Court order keeping the document sealed, the document may be publicly filed.

Following disposition of trial and any and all appeals, such material may be disposed of by the Court, unless the party submitting such materials requests that they be returned, in which case, the materials shall be returned to that party.

8. If, at any time, counsel for any party claims that counsel for any other party has unreasonably designated information or documents produced herein to be confidential, or otherwise seeks relief from the terms of this Order, objecting counsel may make an application to this Court requesting that specifically identified documents be excluded from this Order.

9. Any person or entity aggrieved by a violation of this Order may petition the Court for relief. However, the sole remedy to be imposed by the Court for any violation of this Order shall be injunctive relief.

10. Any application, petition, or motion to the Court for relief pursuant to this Order shall be accompanied by a declaration stating facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the application, petition or motion.

11. This Order is entered solely for the purpose of facilitating the exchange of documents and information between the parties to this action without unnecessarily involving the Court in the process. Nothing in this Order nor the production of any information or document under its terms nor any proceedings pursuant to this Order shall be deemed to have the effect of an admission or waiver, express or implied, by any party that information or documents designated by another party do in fact warrant protection, or is a trade secret and/or confidential information, or is otherwise admissible as evidence in this action.

12. Upon termination of this litigation, the originals and all copies of confidential materials shall be turned over to counsel for the party who produced such documents, or disposed of in some other manner that is mutually agreeable among the parties, except that counsel may retain one copy of all pleadings containing confidential information or documents.

IT IS SO ORDERED.