Paul Viriyapanthu et al v. Bank of America, N.A. et al
Filing
99
PROTECTIVE ORDER by Judge David O. Carter: (See document for details.) IT IS SO ORDERED. (rla)
ERIN S. KUBOTA (State Bar No. 228371)
esk@severson.com
SEVERSON & WERSON, A Professional Corporation
19100 Von Karman Avenue, Suite 700
Irvine, California 92612
Telephone: (949) 442-7110
Facsimile: (949) 442-7118
MARK JOSEPH KENNEY (State Bar No. 87345)
mjk@severson.com
MARK I. WRAIGHT (State Bar No. 228303)
miw@severson.com
SEVERSON & WERSON, A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Defendant
BANK OF AMERICA, N.A.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
PAUL VIRIYAPANTHU, an individual, ,
IMMIGRATION WEST LAW P.C., a
California Corporation, BENJAPORN
ELLINGSON, an individual, SYLVIA
SPADA, an individual, an individual,
SAROSHA AGATAT, an individual,
ROCHELLE ABANDOR, an individual,
ALBERTO JIMENEZ, an individual, and
RUTH SIRIYANON, an individual,
DEBRA B., an individual,
Plaintiffs,
vs.
BANK OF AMERICA, N.A., a California
Corporation, MARISELA DANGCIL, an
individual, VICTOR CHAVEZ, an
individual, JOE ALFRED LUNA, an
individual, NOEMI MARQUEZ, an
individual, SANDY LUNA, an individual,
ADAM LUNA, an individual, VANESSA
KAMAU, an individual, STEPHEN
BICKFORD, an individual, and DOES 1
to 300 inclusive,
Defendants.
1.
Case No. 8:12-cv-1285 DOC (ANx)
Hon. David O. Carter
Ctrm. 9-D
PROTECTIVE ORDER [97]
Action Filed:
Trial Date:
Discovery
Cut-Off:
Pre-Trial
Conference:
April 2, 2012
September 14, 2013
August 14, 2013
September 3, 2013
PURPOSES AND LIMITATIONS
Disclosure and discovery activity in the above-captioned action (the
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“Action”) are likely to involve production of confidential, proprietary, or private
information for which special protection from public disclosure and from use for
any purpose other than prosecuting this litigation may be warranted. Accordingly,
defendant Bank of America, N.A. petitions the court to enter the following
Protective Order.
This Protective Order does not confer blanket protections on all disclosures or
responses to discovery, and the protection it affords from public disclosure and use
extends only to the limited information or items that are entitled to confidential
treatment under the applicable legal principles. As set forth in Section 14.3, below,
this Protective Order does not entitle the parties to file confidential information
under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed
and the standards that will be applied when a party seeks permission from the court
to file material under seal.
2.
DEFINITIONS
2.1
“Challenging Party:” a Party or Non-Party that challenges the
designation of information or items under this Order.
2.2
“Confidential Information or Items:” information (regardless of how it
is generated, stored or maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c). This includes, but is not limited to,
information that: (i) contains confidential, proprietary, trade secret, or other
commercially sensitive information; (ii) contains confidential research,
development, or commercial information; or (iii) contains sensitive health, personal
financial, or other information protected by the right of privacy.
2.3
“Counsel:” both outside counsel of record and in-house counsel. This
includes attorneys retained to represent or advise a party to this action and who have
appeared in this action on behalf of a party or are affiliated with a law firm that has
appeared on behalf of that party, and attorneys who are employees of a party to this
action, as well as their support staff (which includes secretaries, paralegals, legal
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assistants, and other staff).
2.4
“Designating Party:” a Party or Non-Party that designates information
or items that it produces in disclosures or in responses to discovery as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY.”
2.5
“Discovery Material:” all items or information, regardless of the
medium or manner in which it is generated, stored, or maintained (including, among
other things, testimony, transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery in this matter.
2.6
“Expert:” a person with specialized knowledge or experience in a
matter pertinent to the litigation who (1) has been retained by a Party or its counsel
to serve as an expert witness or as a consultant in this action, (2) is not a past or
current employee of a Party or of a Party’s competitor, and (3) at the time of
retention, is not anticipated to become an employee of a Party or of a Party’s
competitor.
2.7
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
Information or Items: extremely sensitive “Confidential Information or Items,”
disclosure of which to another Party or Non-Party would create a substantial risk of
serious harm that could not be avoided by less restrictive means.
2.8
“Non-Party:” any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.
2.9
“Party:” any party to this action, including all of its officers, directors,
employees, consultants, retained experts, and in-house counsel (and their support
staffs).
2.10 “Producing Party:” a Party or Non-Party that produces Disclosure or
Discovery Material in this action.
2.11 “Professional Vendors:” persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing exhibits or
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demonstrations, and organizing, storing, or retrieving data in any form or medium)
and their employees and subcontractors.
2.12 “Protected Material:” any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.”
2.13 “Receiving Party:” a Party that receives Disclosure or Discovery
Material from a Producing Party.
3.
SCOPE
The protections conferred by this Order cover not only Protected Material (as
defined above), but also (1) any information copied or extracted from Protected
Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by Parties or their Counsel
that might reveal Protected Material. However, the protections conferred by this
Order do not cover the following information: (a) any information that is in the
public domain at the time of disclosure to a Receiving Party or becomes part of the
public domain after its disclosure to a Receiving Party as a result of publication not
involving a violation of this Order, including becoming part of the public record
through trial or otherwise; and (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 Designating Party. Any use of Protected Material at trial shall
be governed by a separate agreement or order.
4.
DURATION
Even after final disposition of this litigation, the confidentiality obligations
imposed by this Order shall remain in effect until a Designating 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 this action, with
or without prejudice; and (2) final judgment herein after the completion and
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exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
including the time limits for filing any motions or applications for extension of time
pursuant to applicable law.
5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. To the extent it is practical to do so, the
Designating Party must designate for protection only those parts of material,
documents, items, or oral or written communications that qualify – so that other
portions of the material, documents, items, or communications for which protection
is not warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber or retard the case development process or
to impose unnecessary expenses and burdens on other parties) expose the
Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
designated for protection do not qualify for protection at all or do not qualify for the
level of protection initially asserted, that Designating Party must promptly notify all
other parties that it is withdrawing the mistaken designation.
5.2
Manner and Timing of Designations. Except as otherwise provided in
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
under this Order must be clearly so designated before the material is disclosed or
produced.
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents,
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but excluding transcripts of depositions or other pretrial or trial proceedings), that
the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains
protected material. If only a portion or portions of the material on a page qualifies
for protection, the Producing Party also must clearly identify the protected portion(s)
(e.g., by making appropriate markings in the margins) and must specify, for each
portion, the level of protection being asserted.
A Party or Non-Party that makes original documents or materials available for
inspection need not designate them for protection until after the inspecting Party has
indicated which material it would like copied and produced. During the inspection
and before the designation, all of the material made available for inspection shall be
deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
inspecting Party has identified the documents it wants copied and produced, the
Producing Party must determine which documents, or portions thereof, qualify for
protection under this Order. Then, before producing the specified documents, the
Producing Party must affix the appropriate legend (“CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that
contains Protected Material. If only a portion or portions of the material on a page
qualifies for protection, the Producing Party also must clearly identify the protected
portion(s) (e.g., by making appropriate markings in the margins) and must specify,
for each portion, the level of protection being asserted.
(b) for testimony given in deposition or in other pretrial or trial proceedings,
that the Designating Party identify on the record, before the close of the deposition,
hearing, or other proceeding, all protected testimony and specify the level of
protection being asserted. When it is impractical to identify separately each portion
of testimony that is entitled to protection and it appears that substantial portions of
the testimony may qualify for protection, the Designating Party may invoke on the
record (before the deposition, hearing, or other proceeding is concluded) a right to
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have up to 21 days to identify the specific portions of the testimony as to which
protection is sought and to specify the level of protection being asserted. Only those
portions of the testimony that are appropriately designated for protection within the
21 days shall be covered by the provisions of this Stipulated Protective Order.
Alternatively, a Designating Party may specify, at the deposition or up to 21 days
afterwards if that period is properly invoked, that the entire transcript shall be
treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY.”
Parties shall give the other parties notice if they reasonably expect a
deposition, hearing or other proceeding to include Protected Material so that the
other parties can ensure that only authorized individuals who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those
proceedings. The use of a document as an exhibit at a deposition shall not in any
way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.”
Transcripts containing Protected Material shall have an obvious legend on the
title page that the transcript contains Protected Material, and the title page shall be
followed by a list of all pages (including line numbers as appropriate) that have been
designated as Protected Material and the level of protection being asserted by the
Designating Party. The Designating Party shall inform the court reporter of these
requirements. Any transcript that is prepared before the expiration of a 21-day
period for designation shall be treated during that period as if it had been designated
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
otherwise agreed. After the expiration of that period, the transcript shall be treated
only as actually designated.
(c) for information produced in some form other than documentary and for
any other tangible items, that the Producing Party affix in a prominent place on the
exterior of the container or containers in which the information or item is stored the
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legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY.” If only a portion or portions of the information or item warrant
protection, the Producing Party, to the extent practicable, shall identify the protected
portion(s) and specify the level of protection being asserted.
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
failure to designate qualified information or items does not, standing alone, waive
the Designating Party’s right to secure protection under this Order for such material.
Upon timely correction of a designation, the Receiving Party must make reasonable
efforts to assure that the material is treated in accordance with the provisions of this
Order.
6.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
designation of confidentiality at any time. Unless a prompt challenge to a
Designating Party’s confidentiality designation is necessary to avoid foreseeable,
substantial unfairness, unnecessary economic burdens, or a significant disruption or
delay of the litigation, a Party does not waive its right to challenge a confidentiality
designation by electing not to mount a challenge promptly after the original
designation is disclosed.
6.2
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process by providing written notice of each designation it is challenging
and describing the basis for each challenge. To avoid ambiguity as to whether a
challenge has been made, the written notice must recite that the challenge to
confidentiality is being made in accordance with this specific paragraph of the
Protective Order. The parties shall attempt to resolve each challenge in good faith
and must begin the process by conferring directly (in voice to voice dialogue; other
forms of communication are not sufficient) within 14 days of the date of service of
notice. In conferring, the Challenging Party must explain the basis for its belief that
the confidentiality designation was not proper and must give the Designating Party
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an opportunity to review the designated material, to reconsider the circumstances,
and, if no change in designation is offered, to explain the basis for the chosen
designation. A Challenging Party may proceed to the next stage of the challenge
process only if it has engaged in this meet and confer process first or establishes that
the Designating Party is unwilling to participate in the meet and confer process in a
timely manner.
6.3
Judicial Intervention. If the Parties cannot resolve a challenge without
court intervention, the Designating Party shall file and serve a motion to retain
confidentiality under Civil Local Rule 7 within 21 days of the initial notice of
challenge or within 14 days of the parties agreeing that the meet and confer process
will not resolve their dispute, whichever is earlier. Each such motion must be
accompanied by a competent declaration affirming that the movant has complied
with the meet and confer requirements imposed in the preceding paragraph. Failure
by the Designating Party to make such a motion including the required declaration
within 21 days (or 14 days, if applicable) shall automatically waive the
confidentiality designation for each challenged designation. In addition, the
Challenging Party may file a motion challenging a confidentiality designation at any
time if there is good cause for doing so, including a challenge to the designation of a
deposition transcript or any portions thereof. Any motion brought pursuant to this
provision must be accompanied by a competent declaration affirming that the
movant has complied with the meet and confer requirements imposed by the
preceding paragraph.
The burden of persuasion in any such challenge proceeding shall be on the
Designating Party. Frivolous challenges and those made for an improper purpose
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
expose the Challenging Party to sanctions. Unless the Designating Party has waived
the confidentiality designation by failing to file a motion to retain confidentiality as
described above, all parties shall continue to afford the material in question the level
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of protection to which it is entitled under the Producing Party’s designation until the
court rules on the challenge.
7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
disclosed or produced by another Party or by a Non-Party in connection with this
case only for prosecuting, defending, or attempting to settle this litigation. 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 15 below (FINAL
DISPOSITION).
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.
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated
“CONFIDENTIAL” only to:
(a) the Receiving Party’s Counsel in this action, as well as employees of said
Counsel to whom it is reasonably necessary to disclose the information for this
litigation;
(b) the officers, directors, and employees of the Receiving Party to whom
disclosure is reasonably necessary for this litigation;
(c) Experts (as defined in this Order) of the Receiving Party to whom
disclosure is reasonably necessary for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation
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and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
A);
(f) during their depositions, witnesses in the action to whom disclosure is
reasonably necessary and who have signed the “Acknowledgment and Agreement to
Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
by the court. 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.
(g) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
7.3
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
writing by the Designating Party, a Receiving Party may disclose any information or
item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
to:
(a) the Receiving Party’s Counsel in this action, as well as employees of said
Counsel to whom it is reasonably necessary to disclose the information for this
litigation;
(b) Experts of the Receiving Party: (1) to whom disclosure is reasonably
necessary for this litigation, (2) who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in
paragraph 7.4(a)(2), below, have been followed;
(c) the court and its personnel;
(d) court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
A); and
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(e) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to
Experts.
(a) Unless otherwise ordered by the court or agreed to in writing by the
Designating Party, a Party that seeks to disclose to an Expert (as defined in this
Order) any information or item that has been designated “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph 7.3(b)
first must make a written request to the Designating Party that (1) identifies the
general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
information that the Receiving Party seeks permission to disclose to the Expert, (2)
sets forth the full name of the Expert and the city and state of his or her primary
residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the
Expert’s current employer(s), (5) identifies each person or entity from whom the
Expert has received compensation or funding for work in his or her areas of
expertise or to whom the expert has provided professional services, including in
connection with a litigation, at any time during the preceding five years, and (6)
identifies (by name and number of the case, filing date, and location of court) any
litigation in connection with which the Expert has offered expert testimony,
including through a declaration, report, or testimony at a deposition or trial, during
the preceding five years.
(b) A Party that makes a request and provides the information specified in the
preceding respective paragraphs may disclose the subject Protected Material to the
identified Expert unless, within 14 days of delivering the request, the Party receives
a written objection from the Designating Party. Any such objection must set forth in
detail the grounds on which it is based.
(c) A Party that receives a timely written objection must meet and confer with
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the Designating Party (through direct voice to voice dialogue) to try to resolve the
matter by agreement within seven days of the written objection. If no agreement is
reached, the Party seeking to make the disclosure to the Expert may file a motion as
provided in Civil Local Rule 7 seeking permission from the court to do so. Any
such motion must describe the circumstances with specificity, set forth in detail the
reasons why the disclosure to the Expert is reasonably necessary, assess the risk of
harm that the disclosure would entail, and suggest any additional means that could
be used to reduce that risk. In addition, any such motion must be accompanied by a
competent declaration describing the parties’ efforts to resolve the matter by
agreement (i.e., the extent and the content of the meet and confer discussions) and
setting forth the reasons advanced by the Designating Party for its refusal to approve
the disclosure.
In any such proceeding, the Party opposing disclosure to the Expert shall bear
the burden of proving that the risk of harm that the disclosure would entail (under
the safeguards proposed) outweighs the Receiving Party’s need to disclose the
Protected Material to its Expert.
10.
PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any information or items designated in this action as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the subpoena
or order is subject to this Protective Order. Such notification shall include a copy of
this Stipulated Protective Order; and
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(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with
the subpoena or court order shall not produce any information designated in this
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY” before a determination by the court from which the subpoena or
order issued, unless the Party has obtained the Designating Party’s permission. The
Designating Party shall bear the burden and expense of seeking protection in that
court of its confidential material – and nothing in these provisions should be
construed as authorizing or encouraging a Receiving Party in this action to disobey a
lawful directive from another court.
11.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)
The terms of this Order are applicable to information produced by a
Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information produced by
Non-Parties in connection with this litigation is protected by the remedies and relief
provided by this Order. Nothing in these provisions should be construed as
prohibiting a Non-Party from seeking additional protections.
(b)
In the event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s
confidential information, then the Party shall:
1.
promptly notify in writing the Requesting Party and the Non-Party that
some or all of the information requested is subject to a confidentiality agreement
with a Non-Party;
2.
promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this litigation, the relevant discovery request(s), and a
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reasonably specific description of the information requested; and
3.
make the information requested available for inspection by the Non-
(c)
If the Non-Party fails to object or seek a protective order from this
Party.
court within 14 days of receiving the notice and accompanying information, the
Receiving Party may produce the Non-Party’s confidential information responsive
to the discovery request. If the Non-Party timely seeks a protective order, the
Receiving Party shall not produce any information in its possession or control that is
subject to the confidentiality agreement with the Non-Party before a determination
by the court. Absent a court order to the contrary, the Non-Party shall bear the
burden and expense of seeking protection in this court of its Protected Material.
12.
UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
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
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
to retrieve all unauthorized 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 “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A.
13.
INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
Procedure 26(b)(5)(B). This provision is not intended to modify whatever
procedure may be established in a discovery order that provides for production
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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e),
insofar as the parties reach an agreement on the effect of disclosure of a
communication or information covered by the attorney-client privilege or work
product protection, the parties may incorporate their agreement in the stipulated
protective order submitted to the court.
14.
MISCELLANEOUS
14.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the court in the future.
14.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective 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
Stipulated Protective Order. Similarly, no Party waives any right to object on any
ground to use in evidence of any of the material covered by this Protective Order.
14.3 Filing Protected Material. Without written permission from the
Designating Party or a court order secured after appropriate notice to all interested
persons, a Party may not file in the public record in this action any Protected
Material. A Party that seeks to file under seal any Protected Material must comply
with Civil Local Rule 79-5. Protected Material may only be filed under seal
pursuant to a court order authorizing the sealing of the specific Protected Material at
issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a
request establishing that the Protected Material at issue is privileged, protectable as
a trade secret, or otherwise entitled to protection under the law. If a Receiving
Party's request to file Protected Material under seal pursuant to Civil Local Rule 795 is denied by the court, then the Receiving Party may file the Protected Material in
the public record pursuant to Civil Local Rule 79-5 unless otherwise instructed by
the court.
15.
FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in
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paragraph 4, each Receiving Party must return all Protected Material to the
Producing Party or destroy such material. As used in this subdivision, “all Protected
Material” includes all copies, abstracts, compilations, summaries, and any other
format reproducing or capturing any of the Protected Material. Whether the
Protected Material is returned or destroyed, the Receiving Party must submit a
written certification to the Producing Party (and, if not the same person or entity, to
the Designating Party) by the 60-day deadline that (1) identifies (by category, where
appropriate) all the Protected Material that was returned or destroyed and (2) affirms
that the Receiving Party has not retained any copies, abstracts, compilations,
summaries or any other format reproducing or capturing any of the Protected
Material. Notwithstanding this provision, Counsel are entitled to retain an archival
copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
work product, and consultant and expert work product, even if such materials
contain Protected Material. Any such archival copies that contain or constitute
Protected Material remain subject to this Protective Order as set forth in Section 4
(DURATION).
IT IS SO ORDERED.
DATED: April 11, 2013
_______________________________
Honorable David O. Carter
United States District Judge
70001.0123/2585260.1
PROTECTIVE ORDER
EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of
_________________ [print or type full address], declare under penalty of perjury
that I have read in its entirety and understand the Protective Order that was issued
by the United States District Court for the Central District of California on [date] in
the case of Viriyapanthu, et al. v. Bank of America, N.A., case number 8:12-cv01285-DOC-AN. I agree to comply with and to be bound by all the terms of this
Protective Order and I understand and acknowledge that failure to so comply could
expose me to sanctions and punishment in the nature of contempt. I solemnly
promise that I will not disclose in any manner any information or item that is subject
to this Protective Order to any person or entity except in strict compliance with the
provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court
for the Central District of California for the purpose of enforcing the terms of this
Protective Order, even if such enforcement proceedings occur after termination of
this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and
telephone number] as my California agent for service of process in connection with
this action or any proceedings related to enforcement of this Protective Order.
Date: _________________________________
City and State where sworn and signed: ____________________________
70001.0123/2585260.1
PROTECTIVE ORDER
Printed name: ______________________________
Signature: __________________________________
70001.0123/2585260.1
PROTECTIVE ORDER
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