Hawker et al v. BancInsurance, Inc. et al

Filing 56

AMENDMENT TO STIPULATED PROTECTIVE ORDER -Signed by Magistrate Judge Stanley A. Boone on 9/24/2013. (Hernandez, M)

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Patrick J. Richard (CA 131046)
[e-mail]
James H. Vorhis (CA 245034)
[e-mail]
Nossaman LLP
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.398.2438

Joan M. Cotkin (CA 70665)
[e-mail]
8 Nossaman LLP
777 S. Figueroa St., 34th Floor
9 Los Angeles, CA 90017
Telephone: [phone]
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Facsimile: 213.612.7801
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Attorneys for the Federal Deposit
12 Insurance Corporation as Receiver for
County Bank, Plaintiff as assignee of
13 certain claims
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Jonathan D. Joseph, (CA 90564)
Jonathan M. Cohen, (CA 168207)
[e-mail]
Joseph and Cohen, APC
1855 Market Street
San Francisco, CA 94103
Telephone: [phone]
Facsimile: 415.874.1997
Attorneys for Plaintiffs
Thomas T. Hawker, John J. Incandela, Dave
Kraechan, Edwin Jay Lee, and Edward J.
Rocha

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Edward F. Donohue (SBN 112730)
[e-mail]
Christopher J. Borders (SBN 135901)
[e-mail]
John T. Meno (SBN 231238)
[e-mail]
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor San
Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-834-9070

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Attorneys for Defendant BANCINSURE, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS T. HAWKER; JOHN J.
21 INCANDELA; DAVE KRAECHAN;
EDWIN JAY LEE; and EDWARD J.
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ROCHA,
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Plaintiffs,
v.

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BANCINSURE, INC. and DOES 1
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Defendants.

Case No: 1:12-cv-01261-SAB
AMENDMENT TO STIPULATED
PROTECTIVE ORDER

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Pursuant to Paragraph 5m of the Protective Order, Confidential

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Material may be disclosed to . . . “any other Person as to whom the parties

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agree in writing.” Protective Order at ¶ 5m (Docket No. 39). The use of

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Confidential Material produced or exchanged in this action, however, is
limited to this action. See Protective Order at ¶ 4. The Federal Deposit
Insurance Corporation in its capacity as receiver for other banks (“FDIC”)
and BancInsure are currently involved in other litigations, and anticipate
additional litigation in the future, relating to insurance coverage for claims

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against the directors or officers of other failed financial institutions (“Similar

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Suits”). The FDIC and BancInsure seek to share Confidential Material from

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this action with the counsel of record in the Similar Suits and their staff

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(“Counsel of Record”), the FDIC’s in-house counsel and their staff (“FDIC

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Counsel”), BancInsure’s in-house counsel and their staff (“BancInsure

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Counsel”), and consultants and experts necessarily involved in the conduct

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of the Similar Suits, to enable these persons to use Confidential Material
subject to the terms of any protective order, the rules of civil procedure, and
the rules of evidence applicable to the Similar Suits. In the event of any
conflict between protective orders, the use of any Confidential Material
used in a Similar Suit shall be governed by the protective order in the
Similar Suit.
Accordingly, pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure, the stipulation of the parties, and for good cause shown, the
Court hereby amends the Protective Order, entered in this action on
September 28, 2012, as follows:
1.

The parties may share Confidential Material with the Counsel of

Record, FDIC Counsel, BancInsure Counsel, and/or consultants and
experts necessarily involved in the conduct of a Similar Suit, and enable

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these persons to use Confidential Material, including any court filings filed
under seal, in the Similar Suit subject to the terms of any protective order,
the rules of civil procedure and the rules of evidence applicable to the
Similar Suit.
2.

A representative of the Counsel of Record for the FDIC and

BancInsure necessarily involved in the conduct of the Similar Suit must sign
the acknowledgement in the form of Exhibit A to the Protective Order
(Docket No. 39) before Confidential Material may be shared with 1)
Counsel of Record, and 2) FDIC Counsel, or BancInsure Counsel. The
signature of the Counsel of Record on Exhibit A shall be sufficient to bind 1)
their staff, and 2) the FDIC Counsel and their staff, or BancInsure Counsel
and their staff, to the terms of Exhibit A. The use of Confidential Material in
any Similar Suit is subject to the terms of any protective order in place in
the Similar Suit, the rules of civil procedure and the rules of evidence
governing that Similar Suit. In addition, pursuant to the terms of any
protective order in place in the Similar Suit, Confidential Material may be
shared with the court, court reporters, stenographic reporters, court
personnel, jurors, experts, consultants, witnesses and deponents, potential
witnesses and deponents, mediators, arbitrators, and other parties
providing support services necessary to the litigation of the Similar Suit.
3.

Nothing in this paragraph shall relieve the FDIC or BancInsure

of any obligations to comply with any federal or state laws or statutes.

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DATED: September 23, 2013

NOSSAMAN LLP

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By: /s/ James H. Vorhis
James H. Vorhis
Attorneys for Federal Deposit
Insurance Corporation, as
Receiver for County Bank, as
assignee of certain claims

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DATED: September 23, 2013

JOSEPH AND COHEN

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By: /s/ Jonathan A. Cohen
Jonathan A. Cohen
Attorneys for Plaintiffs Thomas
T. Hawker, John J. Incandela,
Dave Kraechan, Edwin Jay Lee
and Edward J. Rocha

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DATED: September 23, 2013

HINSHAW & CULBERTSON LLP

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By: /s/ Edward F. Donahue
Edward F. Donahue
Attorneys for Defendant
BancInsure, Inc.

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22 IT IS SO ORDERED.
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Dated:

September 24, 2013

_

DEAC _Signature- END:

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_

UNITED STATES MAGISTRATE JUDGE

cm411

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