Diana Bey v. U S Bank National Association et al

Filing 18

PROTECTIVE ORDER by Magistrate Judge Marc L. Goldman re Stipulation for Protective Order 16 . (See Order for details) (db)

1 2 3 4 5 6 7 8 9 10 11 DIANA BEY, an individual 12 13 14 15 vs. Plaintiff, Case No. SA CV09-0822-DOC (MLGx) [Hon David O. Carter] UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

PROTECTIVE ORDER Complaint Filed: May 19, 2009 Trial Date: June 29, 2010

U.S. BANK, a Minnesota Corporation, U.S. BANCORP, a Minnesota 16 Corporation, BLUECROSS BLUESHIELD OF MINNESOTA, and 17 DOES ONE through and including DOE 18 TWENTY-FIVE, 19 20 21 22 23 24 25 26 27 28
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Defendants.

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THE PARTIES HAVE STIPULATED AND AGREED by and

2 between Plaintiff Diana Bey ("Plaintiff") through her counsel, on the one hand, and 3 Defendants U.S. Bank, National Association (erroneously sued as "U.S. Bank") and 4 U.S. Bancorp (collectively "Defendants"), through their counsel, on the other hand 5 (collectively the "Parties"), to the following procedures, terms and conditions: 6 7

1.

A party may designate material as Confidential Information if

8 that party in good faith believes that such material constitutes, or reflects 9 information that constitutes, confidential proprietary, financial, or employment 10 information; trade secrets; and/or confidential business, client, or loan related 11 information. 12 Information

All documents which the Parties contend contain Confidential shall be marked "PRIVATE AND CONFIDENTIAL" or

13 "CONFIDENTIAL." The Parties will use good faith in making such designation. 14 Any acquiescence by Plaintiff or Defendants in a designation of information as 15 "PRIVATE AND CONFIDENTIAL," or "CONFIDENTIAL" shall not operate as 16 a waiver of their rights to subsequently dispute the appropriateness of such 17 designation. 18 19

2.

In accordance with the limitations and procedures set forth

20 below, access to the Confidential Information shall be limited to the following 21 persons or parties: 22 23 24 25

a. b.

Attorneys for the Parties; Paralegals, secretaries, and/or process servers regularly

26 employed by counsel of record; 27 28
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c.

Experts retained by counsel of record for Plaintiff and

2 Defendants for the purposes of this litigation only; 3 4 5 6

d. e.

Plaintiff and Defendants; Witnesses in depositions who may be asked to testify

7 concerning any of the documents designated as Confidential Information, but only 8 after being informed of this stipulated protective order and their obligation to 9 comply with its protections; and 10 11

f.

Persons who were the authors or recipients of any of the

12 documents designated as Confidential Information. 13 14

3.

All persons identified in paragraph 2 who in the course of this

15 action may be given access to Confidential Information shall be required to read this 16 Stipulation and Protective Order and agree to be bound thereby. 17 18

4.

Any

pleading

or

responses

to

deposition

questions,

19 interrogatories, requests for admissions, or demands for inspection that disclose the 20 content of the Confidential Information shall be restricted and marked "PRIVATE 21 AND CONFIDENTIAL" or "CONFIDENTIAL." 22 23

5.

Confidential Information shall be used solely for the purposes of

24 this action and not for any other purpose. 25 26

6.

Nothing contained in this Stipulation shall be construed to However,

27 prejudice the rights of a party to use before the court (including before any assigned 28 judge or magistrate) or any mediator any Confidential Information.
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1 before doing so, the party intending to use Confidential Information shall so inform 2 all other parties who may request from the court or mediator appropriate protection 3 for the Confidential Information, including bringing a motion to file under seal any 4 Confidential Information that is to be filed with the court, or clearing the hearing 5 room or courtroom of persons not entitled hereunder to such Confidential 6 Information. 7 8

7.

Nothing contained in this Stipulation shall bar or otherwise

9 restrict the right of counsel involved in this action from advising a client or from 10 doing anything necessary to prosecute or defend this action, provided that no party, 11 counsel or other individual or entity may disclose any Confidential Information in 12 violation of this Stipulation. 13 14

8.

Nothing in this Stipulation shall affect the admissibility into

15 evidence of Confidential Information or abridge the rights of any party to seek 16 judicial review or to pursue other appropriate judicial action with respect to any 17 ruling made by the court or mediator concerning any issues pertaining to 18 Confidential Information. Any objections as to the admissibility of the Confidential 19 Information are reserved and are not waived by any terms of this Stipulation and 20 Order. 21 22 23 Parties:

9. (a)

This Stipulation and Order shall not prejudice the right of the to seek additional protective treatment for any Confidential

24 Information; (b) to object to the designation of documents as Confidential 25 Information; or (c) to seek any modification of any provision of this Stipulation and 26 Order either generally or as to any particular Confidential Information by properly 27 noticed motion. The Parties shall meet and confer regarding any dispute that refers 28 or relates to Confidential Information prior to filing any motion.
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10.

The Parties contend that Confidential Information is covered by

2 this Stipulation, and the Parties' legal remedies may be inadequate; therefore, the 3 Parties agree that injunctive relief may be an appropriate remedy to prevent any 4 person or party from using or disclosing Confidential Information in violation of this 5 Stipulation and Order. In the event Plaintiff, Defendants, or any other person or 6 entity, violates or threatens to violate any of the terms of this Stipulation and Order, 7 the Parties agree that, with appropriate notice to the other party, they may apply to 8 the court to obtain injunctive relief against any such persons or parties violating or 9 threatening to violate any of the terms of this Stipulation. In the event the Parties 10 apply to the court, the responding party, person or entity subject to the provisions of 11 this Stipulation and Order shall not employ as a defense thereto a claim that the 12 moving party possesses an adequate remedy at law. The Parties and any other 13 persons subject to the terms of this Stipulation and Order agree that this court shall 14 retain jurisdiction over them for the purpose of enforcing this order. The Parties 15 waive and release any and all requirements for a bond or undertaking to support any 16 injunctive relief. 17 18

11.

Inadvertent disclosure of any Confidential Information during

19 discovery, mediation, or trial of this action, or inadvertent disclosure of Confidential 20 Information without appropriate designation, shall be without prejudice to any claim 21 that such material is private and confidential, and no party shall be held to have 22 waived any rights of confidentiality by such inadvertent disclosure. 23 24

12.

If Confidential Information is disclosed to any persons other than

25 in the manner authorized by this Stipulation and Order, the person or party 26 responsible for disclosure must immediately bring all pertinent facts relating to such 27 disclosure to the attention of counsel for all parties without prejudice to other rights 28
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1 and remedies of any party and make every effort to prevent further disclosure by it 2 or by the person who receives such information. 3 4

13.

Questions regarding appropriateness, availability and/or amount

5 of sanctions for inadvertent or intentional disclosure of Confidential Information 6 shall be decided by the court, after opportunity for briefing and argument by the 7 Parties. 8 9

14.

This Stipulation may be amended without leave of court by the

10 written agreement of counsel for the Parties to this Stipulation and any pertinent 11 third parties in the form of an amended stipulation. This Stipulation is intended to 12 regulate the handling of the Confidential Information during the entirety of this 13 litigation through appeal, and thereafter, and shall remain in full force and effect 14 until modified, superseded or terminated on the record or by agreement of the 15 Parties to this litigation and any pertinent third parties or by order of the court. 16 17

15.

Within thirty (30) days after the final disposition of this

18 proceeding, whether through final judgment or otherwise (including all appeals), 19 counsel for the recipient party and any person authorized by this Stipulation to 20 receive Confidential Information shall destroy or return to counsel from whom the 21 Confidential Information was received all originals and copies of documents 22 containing the Confidential Information, except that only the attorneys of record 23 shall be entitled to retain pleadings, memoranda, declarations or affidavits, written 24 responses to discovery requests and interrogatories, or deposition transcripts that 25 contain Confidential Information to the extent necessary to preserve a litigation file 26 in this case. Confidential Information in such litigation files shall remain sealed and 27 disclosed only in accordance with the terms of this Stipulation and Order. 28
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16.

The terms of this Stipulation shall survive, and remain in full

2 force and effect, after termination of this lawsuit, and this court shall retain 3 jurisdiction over the Parties, their attorneys and all other persons to whom 4 Confidential Information has been disclosed for the purpose of enforcing the terms 5 of this Stipulation and Order. 6 7 IT IS SO ORDERED. 8 9 DATED: December 8, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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THE HON. MARC L. GOLDMAN UNITED STATES MAGISTRATE JUDGE

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