Thomas E. Perez v. City National Corporation et al

Filing 41

PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian. See order for details. (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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THOMAS E. PEREZ, Secretary of
Labor, United States Department of
Labor,
Plaintiff,
v.

Case No. 2:15-cv-03084-TJH (JCx)

PROTECTIVE ORDER

CITY NATIONAL CORPORATION;
CITY NATIONAL BANK; CITY
NATIONAL SECURITIES, INC.;
MARIANNE LAMUTT;
CHRISTOPHER CAREY; MICHAEL
B. CAHILL; MICHAEL
NUNNELEE; RICHARD BYRD;
VERNON KOZLEN; KATE
DWYER; RICHARD L. BLOCH;
KENNETH COLEMAN; BRUCE
ROSENBLUM; ROBERT TUTTLE;
and the CITY NATIONAL
CORPORATION PROFIT SHARING
PLAN,
Defendants.

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PROTECTIVE ORDER

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In order to preserve and maintain, to the extent legally permissible, the

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confidentiality of certain documents to be produced in this action by Plaintiff

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Thomas E. Perez (“Plaintiffs”), or by Defendants City National Corporation; City

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National Bank; City National Securities, Inc.; Marianne Lamutt; Christopher Carey;

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Michael B. Cahill; Michael Nunnelee; Richard Byrd; Vernon Kozlen; Kate Dwyer;

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Richard L. Bloch; Kenneth Coleman; Bruce Rosenblum; Robert Tuttle; or the City

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National Corporation Profit Sharing Plan (collectively, “Defendants”), it is ordered

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that:

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11 1.1.

I.

DEFINITIONS
Party. The terms “party” as used in this Order, e.g., “producing party”

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and “designating party,” refer both to the parties to this litigation and to any

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third parties who may produce discoverable material in this litigation.

14 1.2.

Protected Documents. Documents to be produced during discovery in

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this litigation that contain either Confidential Material or Personal

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Identifying Information (as defined herein) shall hereafter be referred to as

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“Protected Documents.”

18 1.3.

Documents. When used in this Order, the word “documents” shall be

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given its broadest meaning under the Federal Rules of Civil Procedure and

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includes, but is not limited to, all written material or tangible items, whether

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stored on paper or electronically, videotapes, photographs, emails, and

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databases, and further includes, but is not limited to, information contained in

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a document, information revealed during a deposition, and information

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revealed in an interrogatory answer.

25 1.4.
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Confidential Material.

When used in this Order, “Confidential

Material” means:
a. information governed by any confidentiality agreement between
Defendants’ and any third parties;
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b. information

pertaining

to

Defendants’

customers,

including

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participants in the City National Corporation Profit Sharing Plan, that

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is not publicly available, including private consumer information that

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contains identifying contact or private information provided by a

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consumer, including any list, description, or other grouping of

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consumers (and publicly available information pertaining to them) that

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is derived using any non-public personal information, including any

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non-public personal information such as that identified by the Gramm-

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Leach-Bliley Act, 15 U.S.C. § 6801, et seq.;

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c. non-public communications with regulators or other governmental

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bodies that are protected from disclosure by statute or regulation;
d. information relating to non-public administrative or regulatory

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proceedings;

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e. any other non-public financial and proprietary information; and

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f. all documents otherwise properly subject to a confidentiality order

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under Rule 26(c) of the Federal Rules of Civil Procedure.

17 1.5.

Personally Identifying Information (“PII”). When used in this Order,

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“Personal Identifying Information” or “PII” means non-public personal

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information of individual third parties (such as individual participants in

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retirement plans for which Defendants provide or provided services,

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including participants in the CNC Plan), including, but not limited to, name,

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social security number, address, e-mail address, telephone number, and

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financial or retirement account information, as well as any information

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subject to privacy protections in Court filings under Rule 5.2 of the Federal

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Rules of Civil Procedure.

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II.

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SCOPE
Except as otherwise indicated below or unless otherwise legally

required, documents designated as “Subject to Protective Order” that are
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produced or delivered by the parties, and/or their attorneys, consultants,

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agents, or experts in this action shall be Protected Documents and, to the

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extent legally permissible, shall be given confidential treatment as described

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below.

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Protected Documents at the time of production by noting on the document

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that it is “Confidential Material” or “Personal Identifying Information,” as

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the case may be, and “Subject to Protective Order,” or by a separate written

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communication that identifies the designated documents by bates-stamp

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number. Confidential Material or Personal Identifying Information contained

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in deposition transcripts shall be designated on the record during a deposition

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or in writing delivered within twenty days of receipt of the deposition

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transcript; all information contained in a deposition transcript shall be treated

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as a Protected Document until twenty days following delivery of the

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deposition transcript.

15 2.2.

The parties will designate all materials that are designated as

Prior to designating any material as a Protected Document, a party

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must make a good faith determination that the material is subject to the

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protections of this Order. If a receiving party disagrees that a document

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designated “Confidential Material” or “Personal Identifying Information,” is

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subject to this Protective Order, the receiving party shall so notify the

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producing party and the parties shall endeavor to resolve the dispute in good

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faith in accordance with Local Rule 37-1 and, if the dispute cannot be

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resolved and a party wishes to seek judicial resolution of the matter, such

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party shall proceed in accordance with Local Rules 37-1, et seq. All parties

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shall treat any disputed documents as Protected Documents in accordance

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with this Protective Order until the Court rules.

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III.

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REVISED DESIGNATIONS
A document mistakenly produced or disclosed without a “Confidential

Material” or “Personal Identifying Information” designation after the entry of
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this Order may be subsequently designated as “Confidential Material” or

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“Personal Identifying Information” pursuant to the terms of this Order within

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fourteen (14) days of the party’s or third party’s discovery that the document

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was subject to this Order and was produced without the appropriate

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designation. Additionally, any party to the litigation, or third party subject to

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discovery, may designate as protected any documents or discovery produced

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by any other party or any third party within fourteen (14) days of the

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designating party’s discovery, following its or its counsel’s review of the

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document or discovery material, that the document or discovery material was

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provided or produced without such designation. In each such case, the party

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or third party designating the document as a Protected Document shall

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provide to the receiving party or parties written notice of that designation

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and, as necessary, a copy of the document marked or identified in accordance

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with Paragraph 2.1.

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producing party of a Protected Document regardless of whether the

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information was so designated at the time of disclosure, shall not be deemed

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a waiver in whole or in part of a party’s or third party’s claim of

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confidentiality, either as to the specific information disclosed or as to any

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other information relating thereto or on the same or related subject matter.

20 3.2.

The inadvertent or unintentional disclosure by the

If documents subject to a claim of attorney-client privilege, work-

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product immunity, or any other applicable privilege are inadvertently

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produced, such production shall in no way prejudice or otherwise constitute a

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waiver of, or estoppel as to, any claim of privilege or work-product immunity

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over the material. Pursuant to Federal Rule of Civil Procedure 26(b)(5), the

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party making the claim may notify any party that received the documents of

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the claim and the basis for it. After being notified, a party must promptly

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sequester the specified documents and any copies it has; must not use the

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material until the claim is resolved (except to make the under seal submission
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referenced below); must not disclose the material until the claim is resolved

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unless legally required to do so; must, to the extent not legally prohibited,

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take reasonable steps to retrieve the information if the receiving party

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disclosed it before being notified; and may promptly present the material to

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the Court under seal for a determination of the claim. The producing party

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must preserve the documents until the claim is resolved.

7 3.3.

The production of any documents by any party, whether inadvertent or

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not, shall be without prejudice to any subsequent claim by the producing

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party that such material is privileged or attorney work product, and shall not

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be deemed a waiver of any such privilege or protection in either the litigation

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pending before the Court, or any other federal or state proceeding. The

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parties agree that employing electronic keyword searching and privilege

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screens to identify and prevent disclosure of privileged material constitutes

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“reasonable steps to prevent disclosure” under Federal Rule of Evidence

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502(b)(2).

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IV.

17 4.1.

ACCESS TO AND USE OF PROTECTED DOCUMENTS
Both the Protected Documents and the information contained therein

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shall be treated as confidential to the extent permitted by law. Except upon

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the prior written consent of the producing party or upon further Order of this

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Court or unless otherwise required by law, the Protected Documents or

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information contained therein may be shown, disseminated, or disclosed only

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to the following persons:

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a. The parties’ counsel of record and any other counsel retained by a

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party to represent the party in this case, as well as employees of

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retained counsel to whom it is necessary that the material be shown for

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purposes of this litigation;

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b. Independent technical experts and consultants retained by a party for

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the preparation or trial of this case, provided that the technical expert
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or consultant is not a competitor of, or employed by a competitor of, a

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party;

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c. Employees, agents or representatives of the non-producing party,

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including in-house counsel, insofar as it is reasonably necessary for

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them to review the same for purposes of assisting or advising the non-

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producing party with respect to this litigation;

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d. The Court and the Court’s staff;

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e. Any mediator agreed to by the parties or ordered by the Court;

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f. Deponents and trial witnesses;

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g. Any court reporter employed for purposes of depositions in this

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litigation, including persons operating video recording equipment at

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video depositions, as well as employees of copy centers, document

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scanning services, or similar contractors used by the parties for

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purposes of reproducing or managing documents produced in

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connection with this litigation;

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h. Authors, addressees, and recipients of particular information

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designated as “Confidential Material” or “Personal Identifying

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Information” solely to the extent of disclosing such information of

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which they are an author, addressee, or recipient; and

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i. Defendants’ insurers to whom disclosure is reasonably necessary.

21 4.2.

Unless otherwise legally required, no disclosure of any Protected

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Documents or the information contained therein, shall be made to any person

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described in paragraphs 4.1(a), (b), (c), (e), (f), (g), (h) and (i) above unless

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prior to such disclosure, such person is advised of the terms of this Protective

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Order, is given a copy of this Protective Order, and agrees in writing to be

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bound by its terms and to submit to the jurisdiction of this Court.

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1 4.3.

To the extent that Protected Documents or information contained

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therein are used in the taking of depositions, such documents or information

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shall remain subject to the provisions of this Protective Order.

4 4.4.

To the extent a party or third party wishes to file with the Court in this

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action “Confidential Material” or “Personal Identifying Information,” or to

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refer to the substance of such documents or information in a pleading or brief

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filed with the Court in this action, compliance with Local Rule 79-5 (as

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modified December 1, 2015) is required.

9 4.5.

Confidentiality under this Order is to be maintained both during and

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after final disposition of this matter unless otherwise required by law. All

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Protected Documents shall be returned to the producing party or shall be

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destroyed within three months following the final non-appealable resolution

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of this matter or, to the extent retention for a longer period is legally required,

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shall be returned to the producing party or shall be destroyed within three

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months after the earliest legally permissible destruction date. If documents

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are destroyed rather than returned to the producing party, the producing

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party, upon its request to counsel for the receiving party made after

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expiration of any legally required retention period, shall be so notified in

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writing within a reasonable period of time following such destruction.

20 4.6.

Nothing in this Order is intended to limit a producing party’s use,

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disclosure, or communication of its own Protected Documents, nor to prevent

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the producing party from disclosing the Protected Documents to any person.

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Such disclosures shall not affect any designation of confidentiality made

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pursuant to the terms of this order, so long as the disclosure is made in a

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manner reasonably calculated to maintain the confidentiality of the

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information.

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1 4.7.

This Order is not intended to foreclose or resolve any objections that

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may be made to the admissibility of Protected Documents pursuant to the

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Federal Rules of Evidence or other applicable law.

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4.8.

This Order shall be binding upon the parties to this action and their

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attorneys and upon anyone else who has notice thereof and has agreed in

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writing to be bound thereby.

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Signed this 15th day of December 2015.

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/s/
Hon. Jacqueline Chooljian
United States Magistrate Judge

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