Mykella Smith v. Bank of America et al

Filing 18

PROTECTIVE ORDER Regarding Confidentiality of Documents and Related Information by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 17 (lbe)

1 L. Julius M. Turman (SBN 226126)

Email:

[e-mail]

Email:

[e-mail]

2 Geneva A. Collins (SBN 187023)
3 REED SMITH LLP

101 Second Street

4 Suite 1800

San Francisco, CA 94105-3659

5 Telephone: [phone]

Facsimile: [phone]

6

Attorneys for Defendants

7 Bank of America, N.A. (erroneously sued

as "Bank of America") and Chandrika

8 Majithia
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UNITED STATES DISTRICT COURT

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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CENTRAL DISTRICT OF CALIFORNIA

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MYKELLA SMITH,

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Plaintiff,
vs.

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BANK OF AMERICA; CHANDRIKA
16 MAJITHIA; LINDA JORDAN; and
DOES 1 through 10,
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Defendants.

No.: SACV 13-0930-DOC(JPRx)
Courtroom 9-D
PROTECTIVE ORDER
REGARDING CONFIDENTIALITY
OF DOCUMENTS AND RELATED
INFORMATION
Complaint Filed:
Discovery Cut-off:
Trial Date:

March 5, 2013
January 31, 2014
May 13, 2014

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–1–
PROTECTIVE ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

US_ACTIVE-116378302

1

This matter is before the Court for entry of an order, with consent and

2 agreement of the parties, Mykella Smith (“Plaintiff”), and Bank of America, N. A. and
3 Chandrika Majithia (collectively, “Defendants”), governing the disclosure and
4 protection of confidential and proprietary business information that may be sought
5 during discovery in this case. In order to facilitate discovery while preserving and
6 maintaining the confidentiality of certain documents or testimony that may be sought
7 by the parties, the Court having reviewed the Confidentiality Stipulation and this
8 Protective Order, and for good cause shown, it is hereby ORDERED by the Court
9 that:

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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1.

This Protective Order shall govern the use and dissemination of all

11 information, documents or materials that are produced in this action and designated as
12 “Confidential” or “Confidential Attorney Eyes Only.” Any Party may, in good faith,
13 designate as “Confidential” or “Confidential Attorney Eyes Only” any documents,
14 interrogatory answers, responses to requests for admission, deposition transcripts,
15 deposition videos, information or other written, recorded, or graphic material
16 produced or disclosed in this litigation that the Party considers to be subject to this
17 Protective Order.

This Protective Order extends to any other person or entity,

18 including any third party, who produces or supplies information, documents or other
19 materials used in this action by subpoena, Court order or otherwise.
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2.

The term “Confidential Information,” as used in this Protective Order,

21 shall mean (a) information not in the public domain that reflects confidential financial
22 or commercial information, (b) matters that constitute or contain trade secrets pursuant
23 to applicable law, and (c) the non-public personal information of third-parties,
24 including information that identifies the personal or financial information for a given
25 person, including name, address, account number, telephone number, place or position
26 of work, or other identifying information.
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3.

The term “Confidential Attorney Eyes Only Information,” as used in this
–2–
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 Protective Order, shall mean information not in the public domain that is so
2 proprietary or competitively sensitive that its disclosure may cause competitive injury.
3 Such information may include, but is not limited to, highly sensitive financial and
4 trade secret information. The parties recognize that the type of information which can
5 properly be considered “Confidential Attorney Eyes Only” is limited. Accordingly,
6 the parties expect to use this designation sparingly and only where the parties deem it
7 necessary to protect against the release of information that may cause harm to an
8 individual or entity through disclosure of the information contained therein.
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4.

Nothing in this Protective Order shall limit the right of a party to use

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 documents and information that (a) were lawfully in its possession prior to the
11 initiation of this action; (b) were, are, or become public knowledge, not in violation of
12 this Protective Order; (c) are acquired by the non-producing party from a third-party
13 who breached no legal obligation in providing the document(s) to the non-producing
14 party; or (d) become declassified under the Protective Order. The parties shall not
15 designate information as “Confidential” or “Confidential Attorney Eyes Only” for the
16 purpose of interfering with the rights of the receiving party to conduct discovery.

Confidential and Confidential Attorney Eyes Only Information

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5.

Any party to this action or other person or entity, including any third

19 party, who produces or supplies information, documents or other materials used in this
20 action (hereinafter the “Designating Party” or the “Producing Party”) may designate
21 as “Confidential” or “Confidential Attorney Eyes Only” any such information,
22 document or material that it reasonably and in good faith believes constitutes or
23 contains Confidential Information or Confidential Attorney Eyes Only Information
24 under the terms of this Protective Order.

The designation “Confidential” or

25 “Confidential Attorney Eyes Only” shall be made by affixing on the document or
26 material containing such information, and upon each page so designated if practicable,
27 a legend that in substance states: “CONFIDENTIAL” or “CONFIDENTIAL
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–3–
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 ATTORNEY EYES ONLY.” To the extent that electronically stored or recorded
2 information or data is produced in native or other form such that is cannot be stamped
3 or imaged with a designation of “Confidential” or “Confidential Attorney Eyes Only,”
4 the Designating Party may designate such material as “Confidential” or “Confidential
5 Attorney Eyes Only” by cover letter referring to such material and by labeling that
6 material to the extent possible.
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6.

Depositions may be designated “Confidential” or “Confidential Attorney

8 Eyes Only” by indicating that fact on the record at the deposition or by providing
9 written notice to the other party within thirty (30) days of receipt of the official hard

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 copy transcript. Within thirty (30) days of receipt of the official deposition transcript,
11 the Designating Party shall advise the court reporter and opposing counsel of the
12 specific pages and lines in which Confidential Information or Confidential Attorney
13 Eyes Only Information appears. If no indication on the record at the deposition is
14 made, all information disclosed during a deposition shall be deemed to be
15 Confidential Information until the time within which portions of the testimony may be
16 appropriately designated as provided for herein has passed. Any party that wishes to
17 disclose the transcript, or information contained therein, before the time within which
18 it may be appropriately designated as “Confidential” or “Confidential Attorney Eyes
19 Only” has passed, may provide written notice of its intent to treat the transcript as
20 non-confidential, after which time, any Party that wants to maintain any portion of the
21 transcript as “Confidential” or “Confidential Attorney Eyes Only” must designate the
22 confidential portions within fourteen (14) days, or else the transcript may be treated as
23 non-confidential. Any Confidential Information or Confidential Attorney Eyes Only
24 Information that is used as an exhibit in a deposition shall be subject to the provisions
25 of this Protective Order, along with the transcript pages of the deposition testimony
26 dealing with such Confidential Information or Confidential Attorney Eyes Only
27 Information. If a Designating Party has advised the court reporter that Confidential
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–4–
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 Information or Confidential Attorney Eyes Only Information has been disclosed or
2 used during a deposition, the court reporter shall include on the cover page the
3 following

indication:

“DEPOSITION

4 INFORMATION/CONFIDENTIAL

CONTAINS
ATTORNEY

[CONFIDENTIAL
EYES

ONLY

5 INFORMATION] OF [NAME OF DESIGNATING PARTY] - SUBJECT TO
6 PROTECTIVE ORDER.” In the event the deposition is videotaped, the original and
7 all copies of the video shall be marked by the video technician to indicate that: “THIS
8 VIDEOTAPE

CONTAINS

9 INFORMATION/CONFIDENTIAL

ATTORNEY

[CONFIDENTIAL
EYES

ONLY

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 INFORMATION] - SUBJECT TO PROTECTIVE ORDER.” Counsel for any
11 Producing Party shall have the right to exclude from oral depositions, other than the
12 deponent, deponent’s counsel, the reporter and videographer (if any), any person who
13 is not authorized by this Protective Order to receive or access Confidential
14 Information or Confidential Attorney Eyes Only information. Such right of exclusion
15 shall be applicable only during periods of examination or testimony regarding such
16 Confidential Information or Confidential Attorney Eyes Only Information.
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7.

Confidential Information used in this litigation may be disclosed only to:

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a.

This Court and its personnel.

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b.

Outside counsel of record and in-house counsel in this
litigation (including staff persons employed by such
counsel).

c.

The named Parties, including any past, present or
future officer, director, or representative of the named
Parties, but only to the extent necessary for the
prosecution, defense, or settlement of this action.
Confidential Information may not generally be made
available to the named Parties’ officers, directors, or
representatives.

d.

Any consultant, investigator or expert (collectively,
“Expert”) who is assisting in the preparation and trial
of this litigation, but only to the extent reasonably
necessary to enable such Expert to render such
assistance.

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ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

e.

Any deponent or potential deponent, provided that he
or she may be shown copies of designated material
only during the course of preparation for his or her
testimony or in the actual course of deposition, and he
or she may not retain any designated material and
must be informed of the confidential nature of the
materials.

f.

Court reporters and videographers engaged by counsel
of record to transcribe testimony in connection with
this case.

g.

Any outside vendor retained by counsel who is
assisting in the preparation and trial of this litigation
by making photocopies or providing graphic or
technological
support
(collectively,
“Outside
Vendor”), including for the collection and production
of electronically stored information, but only to the
extent necessary to enable the Outside Vendor to
render such assistance.

h.

Contract lawyers, contract paralegals, or other thirdparties (collectively “Contract Lawyers”) hired to
assist with the review of documents or electronically
stored information.

i.

Any mock juror participating in mock jury trial
research in connection with this case, provided that
such persons may be shown copies of designated
material only during mock jury trial research
exercises, may not retain any designated material, and
must be informed of the confidential nature of the
materials.

j.

Any mediator, special master or other third parties
(collectively, “Mediators”) appointed by the Court or
retained by the parties for settlement purposes or
resolution of discovery or other disputes and their
staff.

k.

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Translators of or into foreign languages who are not
employed by or affiliated with any of the parties, but
are retained only to provide translations of any
material or testimony designated as Confidential
Information or Confidential Attorney Eyes Only
Information.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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8.

Confidential Attorney Eyes Only Information used in this litigation may

be disclosed only to:
a.

This Court and its personnel.

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–6–
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1

b.

Outside counsel of record and in-house counsel in this
litigation (including staff persons employed by such
counsel).

c.

Any consultant, investigator or expert (collectively,
“Expert”) who is assisting in the preparation and trial
of this litigation, but only to the extent reasonably
necessary to enable such Expert to render such
assistance.

d.

A deponent or potential deponent, provided that he or
she may be shown copies of designated material only
during the course of preparation for his or her
testimony or in the actual course of deposition, and he
or she may not retain any designated material and
must be informed of the confidential nature of the
materials.

e.

Court reporters and videographers engaged by counsel
of record to transcribe testimony in connection with
this case.

f.

An outside vendor retained by counsel who is
assisting in the preparation and trial of this litigation
by making photocopies or providing graphic or
technological
support
(collectively,
“Outside
Vendors”) including for the collection and production
of electronically stored information, but only to the
extent necessary to enable the Outside Vendor to
render such assistance.

g.

Contract lawyers, contract paralegals, or other thirdparties (collectively, “Contract Lawyers”) hired to
assist with the review of documents or electronically
stored information.

h.

Any mock juror participating in mock jury trial
research in connection with this case, provided that
such persons may be shown copies of designated
material only during mock jury trial research
exercises, may not retain any designated material, and
must be informed of the confidential nature of the
materials.

i.

Any mediator, special master or other third parties
(collectively, “Mediators”) appointed by the Court or
retained by the parties for settlement purposes or
resolution of discovery or other disputes and their
staff.

j.

Translators of or into foreign languages who are not
employed by or affiliated with any of the parties, but
are retained only to provide translations of any
material or testimony designated as Confidential

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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–7–
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

Information or Confidential Attorney Eyes Only
Information.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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9.

If a party wishes to disclose Confidential Information or Confidential

Attorney Eyes Only Information to any person not described in Paragraphs 7 and 8 of
this Protective Order, permission to so disclose must be requested from the
Designating Party in writing.

If within ten (10) business days of request for

permission, the Designating Party objects to the proposed disclosure, such disclosure
shall not be made unless, upon motion by the party requesting such permission, this
Court orders otherwise.
10.

Prior to obtaining access to Confidential Information or Confidential

Attorney Eyes Only Information, any Expert, deponent or potential deponent,
Mediator, translator, Contract Lawyer, or mock juror to whom Confidential
Information may be disclosed pursuant to Paragraphs 7, 8, and 9 hereof shall be
shown and shall read a copy of this Protective Order and shall agree in writing to be
bound by its terms by signing a copy of the Confidentiality Acknowledgment attached
hereto as Exhibit A (“Confidentiality Acknowledgment”). In the case of any Outside
Vendor, it shall be sufficient for the manager, supervisor or owner of the Outside
Vendor to agree in writing that he/she and all his/her employees are bound by this
Protective Order by signing a copy of the Confidentiality Acknowledgment. Counsel
for the party obtaining a person’s signature on the Confidentiality Acknowledgment
shall retain the original signed acknowledgment, and, if requested by the Designating
Party, shall provide a copy of the signed acknowledgment to counsel for the
Designating Party.
11.

If a witness at a deposition refuses to sign the Confidentiality

Acknowledgment, any Party may adjourn the deposition to file a motion with the
Court seeking to compel the witness to comply with the Protective Order. Any such
motion must be filed in strict compliance with Local Rules 37-1 and 37-2. If no Party
wishes to adjourn the deposition to file a motion with the Court, the deposition will
–8–
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 proceed and that witness may be shown Confidential Information but counsel seeking
2 to use the Confidential Information shall inform the witness that the witness is
3 obligated to maintain the confidentiality of the Confidential Information pursuant to
4 the terms of this Protective Order. In compliance with Local Rules 37-1 and 37-2,
5 following a deposition in which a witness refuses to sign the Confidentiality
6 Acknowledgement, any Party may file a motion with the Court seeking to compel the
7 witness to comply with the Protective Order.
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12.

Where any Confidential Information, Confidential Attorney Eyes Only

9 Information, or information derived from Confidential Information or Confidential

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 Attorney Eyes Only Information is included in any Court filing, the party wishing to
11 file the information shall first submit a written application to and proposed order to the
12 judge for each document the party wishes to file under seal, in accordance with the
13 procedures set forth in Civil Local Rule 79-5.

The filing shall be marked

14 “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.” The filing party
15 shall take all necessary steps to ensure that any such Confidential Information,
16 Confidential

Attorney Eyes Only Information or information derived from

17 Confidential Information or Confidential Attorney Eyes Only Information will be
18 maintained under seal by the Court. Absent written permission from the Designating
19 Party or a court Order, a party may not file any Confidential Information, Confidential
20 Attorney

Eyes Only Information or information derived from Confidential

21 Information or Confidential Attorney Eyes Only Information into the public record.

General Provisions

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13.

Except to the extent expressly authorized in this Protective Order,

24 Confidential Information and Confidential Attorney Eyes Only Information shall not
25 be used or disclosed for any purpose other than in this action and/or any appeals
26 therefrom, subject to the provisions of this Protective Order. Use or disclosure of
27 Confidential Information and Confidential Attorney Eyes Only Information in any
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–9–
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 other litigation or for any other purposes is expressly prohibited.
2

14.

Confidential Information and Confidential Attorney Eyes Only

3 Information shall be stored and maintained by any party receiving such information in
4 a secure manner that ensures that access is limited to the persons authorized under this
5 Protective Order.
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15.

Any summary, compilation, notes, copy, electronic image or database

7 containing Confidential Information or Confidential Attorney Eyes Only Information
8 shall be subject to the terms of this Protective Order to the same extent as the material
9 or information from which such summary, compilation, notes, copy, electronic image

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 or database is made or derived.
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16.

Within sixty (60) days of receipt of a document marked “Confidential” or

12 “Confidential Attorney Eyes Only,” a party may object to the designation by notifying
13 the Designating Party in writing of that objection. That writing also must specify the
14 bates range corresponding to the beginning and end of each document subject to
15 objection as well as the bates number of the particular page or pages of such
16 documents that actually contain the designated material to which the objection is
17 made.

The parties shall, within ten (10) days of service of the written objection,

18 confer concerning the objection as required by Local Rule 37-1. If the objection is not
19 resolved, the objecting party shall, within twenty-one (21) days of the conference, file
20 with the Court and serve a motion to resolve the dispute over the designation of the
21 material in Conformance with Local Rules 37-1 and 37-2, including the Joint
22 Stipulation requirement. The Designating Party shall have the burden of justifying the
23 disputed designation to the Court. If a motion is filed, information subject to dispute
24 shall, until further order of the Court, be treated consistently with its designation.
25 With respect to any material which is redesignated or ceases to be subject to the
26 protection of this Protective Order, the Designating Party shall, at its expense, provide
27 to each party who so requests additional copies thereof from which all confidentiality
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ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 legends affixed hereunder have been adjusted to reflect the redesignation or removed
2 as appropriate.
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17.

The failure to designate any information pursuant to this Protective Order

4 shall not constitute a waiver of any otherwise valid claim for protection, so long as
5 such claim is asserted within sixty (60) days of the discovery of such failure. At such
6 time, arrangements shall be made for the return to the Designating Party of all copies
7 of the misdesignated documents and for the substitution, where appropriate, of
8 properly labeled copies.
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18.

Nothing in this Protective Order shall be deemed to restrict in any

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 manner the use by any Designating Party of any information in its own documents and
11 materials.
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19.

If counsel for any party receives notice of any subpoena or court order

13 commanding production of Confidential Information or Confidential Attorney Eyes
14 Only Information that a party has obtained under the terms of this Protective Order,
15 counsel for such party shall, if there are fewer than ten (10) days to comply, within
16 four (4) days, or if more than ten (10) days, within seven (7) days prior to the due date
17 of compliance, notify the Designating Party in writing, and shall not produce the
18 Confidential Information and/or Confidential Attorney Eyes Only Information, until
19 the Designating Party has had reasonable time to take appropriate steps to protect the
20 material. It shall be the responsibility of the Designating Party to obtain relief from
21 the subpoena or order prior to the due date of compliance. To give the Designating
22 Party an opportunity to obtain such relief, the party from whom such information is
23 sought shall not make the disclosure before the actual due date of compliance set forth
24 in the subpoena or court order.
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20.

This Protective Order shall not prevent any of the parties from moving

26 this Court for an order that Confidential Information or Confidential Attorney Eyes
27 Only Information may be disclosed other than in accordance with this Protective
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ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 Order. This Protective Order is without prejudice to the right of any party to seek
2 modification of it from the Court. It shall remain in effect until such time as it is
3 modified, amended, or rescinded by the Court.
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21.

This Protective Order is not intended to govern the use of Confidential

5 Information or Confidential Attorney Eyes Only Information at any hearing or trial in
6 this action. Questions of the protection of Confidential Information or Confidential
7 Attorney Eyes Only Information during a hearing or trial will be presented to the
8 Court and the Designating Party prior to or during the hearing or trial as each party
9 deems appropriate.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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22.

This Protective Order does not affect any party’s rights to object to

11 discovery on any grounds. Nothing in this Protective Order shall be deemed to be a
12 waiver of any party’s right to oppose production or admissibility of any information or
13 documents on any ground, including without limitation, lack of timeliness of the
14 request, lack of relevance, lack of materiality, as a privileged communication, as work
15 product of counsel, or as not calculated to lead to the discovery of admissible
16 evidence.

Further, the production subject to this Protective Order of Confidential

17 Information or Confidential Attorney Eyes Only Information shall not be deemed a
18 waiver of any objection to the admissibility of such documents or their contents that
19 may exist under any applicable Rules of Evidence. It is the intent of the Parties and
20 the Court hereto that any such objections may be asserted prior to and at any hearing
21 or trial.
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23.

Nothing in this Protective Order shall require any party to produce

23 Confidential Information or Confidential Attorney Eyes Only Information and nothing
24 in this Protective Order shall result in the waiver by any party of any objection based
25 on the grounds that the information is confidential and not subject to disclosure.
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24.

This Protective Order shall not preclude any party from seeking and

27 obtaining from the Court additional protection with respect to the issues addressed in
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ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 the Protective Order. The parties agree that this Protective Order is without prejudice
2 to any position either party may take in any other case.
3

25.

The production of any document or information protected by the

4 attorney-client privilege, work product doctrine, and/or any other applicable privilege
5 shall not constitute a waiver of any such privilege or doctrine. Upon receipt of notice
6 of such production from the Producing Party or upon the receiving party seeing that
7 such production has been made, the receiving party shall, within fourteen (14) days,
8 return all copies of such document(s) (the “Identified Materials”) to the Producing
9 Party other than copies containing attorney’s notes or other attorney work product that

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 may have been placed thereon by counsel for the receiving party and shall destroy all
11 copies of such documents that contain such notes or other attorney work product. The
12 Identified Materials shall be deleted from any systems used to house the documents,
13 including document review databases, e-rooms and any other location that stores the
14 documents. The receiving party may make no use of the Identified Materials during
15 any aspect of this matter or any other matter, including in depositions or at trial, unless
16 the documents are later designated by the Court as not privileged or protected. The
17 contents of the Identified Materials shall not be disclosed to anyone who was not
18 already aware of the contents of them before the notice was made.

The party

19 returning the Identified Materials may move the Court for an order compelling
20 production of some or all of the materials returned or destroyed, but the basis for such
21 a motion may not be the fact or circumstances of the production. This Protective
22 Order does not constitute a concession by any party that any documents are subject to
23 protection by the attorney-client privilege, the work product doctrine, or any other
24 potentially applicable privilege or protection.

This Protective Order also is not

25 intended to waive or limit in any way either party’s right to contest any privilege
26 claims that may be asserted with respect to any of the documents produced except to
27 the extent stated herein.
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ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1

26.

This Court shall have continuing jurisdiction to modify, enforce, interpret

2 or rescind this Protective Order, notwithstanding the termination of this action.
3

27.

Within ninety (90) days after the conclusion of this action, including the

4 exhaustion of all appeals, counsel for all parties shall use their best efforts to locate all
5 Confidential Information and Confidential Attorney Eyes Only Information produced
6 in this litigation (other than exhibits at the official court of record) and return it to the
7 Designating Party or shall destroy such information. The parties acknowledge that the
8 electronic nature of the documents produced in this action makes full and absolute
9 compliance with this provision difficult. The parties further acknowledge that their

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 duty to return or destroy all Confidential Information and Confidential Attorney Eyes
11 Only Information is a continuing duty and the parties agree to destroy or return any
12 such information found in the future. Deposition transcripts and court transcripts that
13 contain or reference Confidential Information and Confidential Attorney Eyes Only
14 Information need not be destroyed, although any deposition exhibits must be
15 destroyed or returned in accordance with this Order. Counsel for any party or third
16 party receiving Confidential Information or Confidential Attorney Eyes Only
17 Information shall make written certification of having used their best efforts to comply
18 with this provision and shall deliver the same to counsel for each Designating Party
19 within one hundred and twenty (120) days after the conclusion of this action,
20 including the exhaustion of all appeals.
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28.

Any Party may seek a modification of this Order at any time by filing an

22 appropriate motion with the Court.
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29.

No document shall be filed under seal unless counsel secures a court

24 order allowing the filing of a document under seal. An application to file a document
25 under seal shall be served on opposing counsel, and on the person or entity that has
26 custody and control of the document, if different from opposing counsel. If opposing
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ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

1 to oppose the application, he/she must contact the chambers of the judge who will rule
2 on the application, to notify the judge’s staff that an opposition to the application will
3 be filed.
4

30.

The Court may modify the terms and conditions of the Protective Order

5 for good cause, or in the interest of justice, or on its own order at any time in these
6 proceedings.
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

EXHIBIT A

1
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I, __________________________________, being duly sworn on oath, state

4 the following:
5

1.

I have read and understand the Protective Order to which this

6 Confidentiality Acknowledgment is attached and I attest to my understanding that
7 access to information designated “Confidential” or “Confidential Attorney Eyes Only”
8 may be provided to me and that such access is pursuant to the terms and conditions
9 and restrictions of the Protective Order.

I agree to be bound by the terms of the

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 Protective Order. I hereby submit to the jurisdiction of this Court for the purpose of
11 enforcement of this Confidentiality Acknowledgment and the Protective Order.
12

2.

I shall not use or disclose to others, except in accordance with the

13 Protective Order, any Confidential Information or Confidential Attorney Eyes Only
14 Information. I also shall use my best efforts to return all Confidential Information and
15 Confidential Attorney Eyes Only Information to the party who provided it to me
16 within sixty (60) days after the conclusion of this action, including the exhaustion of
17 all appeals. If I fail to abide by the terms of this Confidentiality Acknowledgment or
18 the Protective Order, I understand that I may be subject to sanctions under the
19 contempt power of this Court, which includes the power to impose compensatory
20 damages to remedy contemptuous conduct.
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3.

If I am an “Outside Vendor,” as defined by the foregoing Protective

22 Order, I agree to use all reasonable measures to ensure that my employees and/or
23 direct reports comply with the terms of this Confidentiality Acknowledgment and the
24 Protective Order. I understand that if I fail to take reasonable measures to ensure that
25 my employees and/or direct reports comply with the terms of this Confidentiality
26 Acknowledgment and Protective Order, I may be subject to sanctions under the
27 contempt power of this Court, which includes the power to impose compensatory
28 damages to remedy contemptuous conduct.
– 16 –
PROTECTIVE ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

US_ACTIVE-116378302

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Dated:

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Signature

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Printed Name

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Address

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Individual or Entity Represented

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– 17 –
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION

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The Court, having considered the Stipulation Regarding Confidentiality of

2 Discovery Documents and Related Information, hereby orders that this Protective
3 Order Regarding Confidentiality of Documents and Related Information become the
4 order of this Court.
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DATED February 06, 2014

_________________________
Hon. Jean P. Rosenbluth
U.S. Magistrate Judge

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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– 18 –
ORDER REGARDING
CONFIDENTIALITY OF DOCUMENTS AND RELATED INFORMATION