Madrigal v. Nationstar Mortgage LLC et al

Filing 36

Protective Order, signed by Magistrate Judge Stanley A. Boone on 11/20/2015. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO

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AKERMAN LLP

725 S. FIGUEROA STREET, SUITE 3800
LOS ANGELES, CALIFORNIA 90017
TEL.: [phone] – FAX: [phone]

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NORMA MADRIGAL,

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Case No.: 1:15-cv-00809-SAB
Hon. Magistrate Judge Stanley A. Boone

Plaintiff,
PROTECTIVE ORDER

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v.

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Complaint filed:
FAC filed:
SAC filed:
Trial Date:

NATIONSTAR MORTGAGE, LLC;
BARRETT DAFFIN FRAPPIER
TREDER & WEISS, LLP; DOES 1
through 50, inclusive,

May 19, 2015
June 17, 2015
August 4, 2015
June 6, 2017

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Defendants.

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THIS CAUSE is before the Court on the Stipulation for Protective Order filed

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by plaintiff Norma Madrigal (plaintiff) and defendant Nationstar Mortgage LLC

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(Nationstar) pursuant to FED. R. CIV. P. 26(c)(1). The Court, having reviewed the file

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being otherwise advised, finds there is a potentially significant number of documents

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to be exchanged in discovery in this case containing plaintiff or non-party Benigno

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Romero (Romero)'s non-public personal information or Nationstar's confidential and

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proprietary information, such that document-by-document review of discovery

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materials will be impracticable if the case is to proceed in an orderly, timely and

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efficient manner.

non-public personal information and Nationstar's confidential and commercially

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sensitive information from unnecessary disclosure, and the benefit to the Court of an

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orderly and expeditious resolution of this matter on its merits, outweigh any societal

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interest in disclosure of such materials to non-parties. Thus, after due consideration

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by the Court and for good cause shown, the Court finds it is appropriate to expedite

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the flow of discovery material, promote the prompt resolution of disputes over

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confidentiality, and to facilitate the preservation of material arguably worthy of

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The Court further finds the Parties' interests in protecting plaintiff and Romero's

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protection. Accordingly, it is

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ORDERED and ADJUDGED as follows:

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"CONFIDENTIAL" Documents, Materials, and Information. This Order

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shall govern all documents produced or exchanged, all written answers, deposition

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answers and other responses to discovery, and all communications of any kind made

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by plaintiff Norma Madrigal, her attorneys, consultants, agents, and representatives;

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defendant Nationstar Mortgage LLC, its attorneys, consultants, agents, employees and

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representatives; and other third parties. "CONFIDENTIAL" materials shall be the

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documents or information respectively designated under this Order and any notes,

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work papers, or other documents respectively containing "CONFIDENTIAL"

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materials derived from such items.

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information, including but not limited to discovery materials produced by that party,

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initial disclosures, documents and things, answers to interrogatories, responses to

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requests for production, responses to requests for admission, deposition exhibits, and

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all or portions of deposition or hearing transcripts, as "CONFIDENTIAL" and

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designate the documents or information as such by affixing thereto a legend of

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"CONFIDENTIAL" or by designating through another method set forth in this Order

Any party may identify any documents or

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"CONFIDENTIAL" to the extent that the party, through counsel, believes such

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material is confidential because it contains or includes: (1) confidential business or

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technical information; (2) trade secrets; (3) proprietary business methods or practices;

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(4) any other competitively sensitive confidential information; (5) personal

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information, including personal financial information about customers or applicants,

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Romero, any party to this lawsuit, or an employee of any party to this lawsuit; (6)

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information regarding any individual's banking or lending relationships, including,

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without limitation, information regarding any individual's mortgage or credit history

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and/or consumer information not otherwise available to the public; and (7) any other

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or agreed to by the parties. A party may designate documents or information as

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categories that are later agreed to in writing by the parties or ordered by the Court.

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2.

Designation of "CONFIDENTIAL" Material. Documents shall be

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designated

as

"CONFIDENTIAL"

by

stamping

them

with

the

word

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"CONFIDENTIAL" in a manner which will not interfere with their legibility. This

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designation shall only be used in a reasonable fashion and upon a good faith

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determination by counsel a particular document contains non-public information and

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falls within one of the categories enumerated in Paragraph 1. This designation shall

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ordinarily be made before or at the same time as the production or disclosure of the

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material. Because materials described in Paragraph 1 shall be covered by this Order,

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there shall be no waiver of confidentiality if such materials are inadvertently produced

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without being stamped "CONFIDENTIAL." Materials already produced in discovery

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in this litigation may be designated as "CONFIDENTIAL" upon written notice

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(without stamping), within fourteen (14) days of the entry of this Order, from the party

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asserting the confidentiality designation to all counsel of record to whom such

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documents have been produced by notifying the other party of the identity of the

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documents or information to be so designated. Any of the parties to this action can

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remove at any time its designation of "CONFIDENTIAL" from any of the documents

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or information it has previously so designated.

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3.

Treatment of "CONFIDENTIAL" Information. Unless otherwise ordered

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by the Court, "CONFIDENTIAL" material, and any quotes, summaries, charts or

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notes made therefrom, and any facts or information contained therein or derived

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therefrom, shall be held in confidence and used by the parties to whom the documents

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and information are produced solely for the purpose of this case. The parties agree to

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take reasonable steps to maintain the confidentiality of the documents, information

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and testimony relating thereto.

During the pendency of this litigation,

AKERMAN LLP

"CONFIDENTIAL" material, including all copies thereof, shall be retained solely in

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the custody of the parties' attorneys and shall not be placed in the possession of or

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disclosed to any other person, except as set forth in this Order, as otherwise agreed

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upon by the parties, or upon leave of Court.

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"CONFIDENTIAL" material is disclosed pursuant to this Order is hereby prohibited

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from exploiting in any way such documents or information for his, her or its own

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benefit, or from using such information for any purpose or in any manner not

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connected with the prosecution or defense of this case.

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4.

Each person to whom

"Disclosure." As used herein, "disclosure" or to "disclose" shall mean to

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divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise

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communicate "CONFIDENTIAL" material.

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5.

Permissible Disclosure of "CONFIDENTIAL" Material. Except by order

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of this Court, or otherwise as required by law, material designated as

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"CONFIDENTIAL" (and any notes or documents that reflect or refer to such

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documents and information) shall not be disclosed to any person other than:

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(a) A party hereto;

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(b) Counsel employed by a party, or an employee of such counsel, to whom it

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is necessary that the materials be shown or the information known for

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purposes of this case;

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(c) Any employee or agent of a party to whom the "CONFIDENTIAL"

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materials are shown for the purpose of working directly on or testifying in

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connection with this litigation at the request of or at the direction of

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counsel for such party, who has signed an acknowledgement in the form of

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Exhibit A hereto, which signed acknowledgment shall be retained by the

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party who has retained such person;

AKERMAN LLP

(d) A person retained to assist in this action, such as an investigator,

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independent accountant, or other technical expert or consultant, who has

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signed an acknowledgement in the form of Exhibit A hereto, which signed

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acknowledgment shall be retained by the party who has retained such

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person;

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(e) This Court (or its employees or agents) pursuant to a court filing in
connection with this action;

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(f) Any person(s) designated by the Court in the interest of justice, upon such
terms as the Court may deem proper;

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(g) Members of the jury at a public trial of this matter, subject to the
requirements of Paragraph 11 below; or

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(h) A person who is deposed or who testifies at the hearing in this matter who

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has signed an acknowledgement in the form of Exhibit A hereto, which

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signed acknowledgment shall be retained by the party who has compelled

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such person to testify at a deposition or trial. If the witness refuses to sign

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such form, the party compelling such testimony shall immediately notify

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opposing counsel and permit them seven (7) days to seek redress with the

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Court.

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6.

Review of Own "CONFIDENTIAL" Materials. The restrictions of this

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Order shall not apply to parties, and their employees, attorneys, experts or other

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authorized agents, when reviewing their own "CONFIDENTIAL" materials.

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7.

Deposition Transcripts. Deposition testimony and deposition exhibits

deposition taken in this matter, any party may, on the record, designate as

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"CONFIDENTIAL" portions of the deposition testimony or deposition exhibits.

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Alternatively, a party may, by written notice to opposing counsel and the court

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reporter not later than fourteen (14) business days after receipt of the deposition

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transcript, designate as "CONFIDENTIAL" any portions of the deposition testimony

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containing "CONFIDENTIAL" material shall be covered by this Order. During a

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or deposition exhibits. Until expiration of the above fourteen (14) day period, all

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deposition transcripts will be treated as "CONFIDENTIAL" material unless otherwise

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agreed to in writing by the parties.

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8.

Objections to "CONFIDENTIAL" Designations. To the extent that any

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party contests a designation under this Order, such party shall object to such

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designation in writing. The parties shall first try to resolve the disagreement in good

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faith on an informal basis, such as the production of redacted copies. If the parties are

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unable to reach an agreement regarding the designation, then the party objecting to

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such designation shall file an appropriate motion with the Court for a ruling that the

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documents or other information shall not be accorded such status and treatment. In

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the event that such a challenge is made, the party asserting the confidentiality

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designation shall have the burden of establishing that the designation is proper. Until

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this Court enters an order changing the designation of such documents or information,

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such document or information shall continue to be protected as provided by this

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Order. Should the Court rule in favor of the party objecting to the confidentiality

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designation, the party asserting the designation shall produce a copy of the

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document(s) without the "CONFIDENTIAL" designation.

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9.

Disclosing "CONFIDENTIAL" Material. If any party wishes to disclose

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any "CONFIDENTIAL" material beyond the terms of Paragraphs 5-6 of this Order,

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that party shall provide all other parties with reasonable notice in writing of the

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request to disclose the materials, unless otherwise required by law. If the parties

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cannot resolve their disagreement with respect to the disclosure of any designated

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information, then a party may petition the Court for a determination of these issues.

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In the event that such a challenge is made, the party asserting the confidentiality

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designation shall have the burden of establishing that the designation is proper. Such

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"CONFIDENTIAL" material shall remain "CONFIDENTIAL" as stipulated by this

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AKERMAN LLP

725 S. FIGUEROA STREET, SUITE 3800
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Order until the Court rules on the party's specific petition.
10.

Pleadings and Other Court Submissions. Each party agrees that when

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filing with Court any papers (including, without limitation, affidavits, memoranda,

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interrogatory answers or depositions) that disclose directly or indirectly any

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"CONFIDENTIAL" material, such papers shall be filed under seal in accordance with

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the Court's local rules and requirements for filing documents under seal.

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The parties further recognize the possible need to use documents marked

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"CONFIDENTIAL" during the trial of this matter. However, the parties agree to take

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reasonable steps to protect the confidentiality of any trial exhibits so designated to

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include asking the Court to ensure that any such documents referred to or offered into

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evidence at trial are filed with the Court under seal.

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Document Retention. After the conclusion of this matter (including the

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expiration of all appeals), all originals and reproductions of the "CONFIDENTIAL"

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materials shall be returned to the producing party within thirty (30) days of such

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conclusion or be destroyed (in which case counsel for the party destroying said

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documents shall certify in writing to the producing party within thirty (30) days of

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such conclusion that destruction of the "CONFIDENTIAL" materials has taken place).

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Insofar as the provisions of this Order restrict the use of the documents produced

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hereunder, the Order shall continue to be binding throughout and after the conclusion

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of this case, including all appeals, except as set forth in Paragraph 13.

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Admissibility. Nothing in this Order shall be construed to limit any party

to the Rules of Evidence, "CONFIDENTIAL" materials and other confidential

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information may be offered in evidence at trial or any court hearing. Any party may

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move the court for an Order that the evidence be received in camera or under other

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conditions to prevent unnecessary disclosure of any "CONFIDENTIAL" material.

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The Court will then determine whether the proffered evidence should continue to be

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treated as "CONFIDENTIAL" and, if so, what protection, if any, may be afforded to

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from producing or introducing any document into evidence at public hearing. Subject

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such information at the trial or hearing.

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13.

Scope of Discovery. Nothing in this Order shall preclude any party from

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opposing production of any documents or information, or from seeking further or

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different relief should future pretrial activities indicate such a need.

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14.

Client Consultation. Nothing in this Order shall bar or otherwise restrict

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any attorney herein from rendering advice to his or her client with respect to this case

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or from doing anything necessary to prosecute or defend this case and further the

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interests of his or her client, provided, however, the attorney shall not disclose any

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material designated for protection hereunder where such disclosure would be contrary

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to the terms of this Order.

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15.

Discretion of the Court. Nothing in this Order shall apply to, bind, or

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limit the Court or its employees in the performance of their duties. Notwithstanding

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any foregoing suggestion to the contrary, the Court shall retain final and complete

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authority to re-designate any material previously designated as "CONFIDENTIAL" as

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a public document.

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Notice of Breach. It shall be the obligation of counsel, upon hearing of

any breach or threatened breach of this Order by any person, promptly to notify

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counsel for the opposing and producing parties of such breach or threatened breach.

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The parties shall make every reasonable effort to mark all discovery containing

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"CONFIDENTIAL" materials, but the mistaken or inadvertent failure to mark the

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discovery

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"CONFIDENTIAL" materials, shall not exempt it from the provisions of this Order.

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17.

material,

where

notice

has

otherwise

been

given

it

contains

Litigation Use Only. All "CONFIDENTIAL" materials produced in this

Procedure, subpoena, agreement or otherwise, and all information contained therein or

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derived therefrom, shall be used solely for the preparation and trial of this action

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(including any appeals and retrials), and may not be used for any other purpose,

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litigation, whether by a party or nonparty, and whether pursuant to the Rules of Civil

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including business, governmental or commercial, or any other administrative or

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judicial proceedings or actions.

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Subpoena by Other Court or Agencies.

If another court or an

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administrative agency subpoenas or orders production of "CONFIDENTIAL"

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materials that a party obtained under the terms of this Order, the party receiving the

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subpoena shall promptly notify the party or other person who designated the

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"CONFIDENTIAL" materials of the pendency of such subpoena or order.

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Inadvertent Disclosure Protection. Review of the "CONFIDENTIAL"

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materials labeled "CONFIDENTIAL" by counsel, experts, or consultants in the

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litigation shall not waive the "CONFIDENTIAL" designation or any objections to

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production. "CONFIDENTIAL" materials inadvertently produced by any party or

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nonparty through discovery in this action without having been designated as

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"CONFIDENTIAL" shall be subject to the provisions of this Order to the same extent

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as if the inadvertent disclosure had not occurred so long as there is reasonable notice

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to the other party of the inadvertent disclosure. If a producing party inadvertently

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discloses to a receiving party information that is privileged or otherwise immune from

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discovery, said producing party shall promptly, upon discovery of such disclosure, so

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advise the receiving party in writing and request that the item or items of information

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be returned. No party to this action shall thereafter assert that such disclosure waived

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any privilege or immunity. It is further agreed that the receiving party will return such

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inadvertently produced item or items of information and all copies thereof within

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fourteen (14) calendar days of receiving a written request for the return of such item

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or items of information from the producing party.
20.

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Non-Parties. Non-parties

who

are

required

to

produce

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"CONFIDENTIAL" material in response to a subpoena, and who in good faith believe

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that such material contains confidential information, may rely on this Order and apply

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it to their production.
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Responsibility of Attorneys.

The attorneys of record are responsible

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for employing reasonable measures to control, consistent with this Order, the

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duplication of, access to, and distribution of copies of materials labeled

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"CONFIDENTIAL."

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working copies and for filing in court under seal. The attorneys of record further are

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responsible for employing reasonable measures to control, consistent with this Order,

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the dissemination or revelation of confidential information.

Parties shall not duplicate any such materials except for

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IT IS SO ORDERED.

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Dated:

November 20, 2015
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT "A"

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Certification Re: Confidential Discovery Materials

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I

hereby

acknowledge

I,

_________________________________[NAME],

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______________________________________ [POSITION AND EMPLOYER], am about

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to receive Confidential Materials supplied in connection with the Proceeding, U.S. District

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Court, Eastern District of California Case No. 1:15-cv-00809-SAB.

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I certify that I understand that the Confidential Materials are provided to me subject to

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the terms and restrictions of a stipulation and protective order filed in this Proceeding. I

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have been given a copy of the stipulation and protective order. I certify that I have read it and

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that I agree to be bound by its terms.

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I understand that Confidential Materials, as defined in the stipulation and protective

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order, including any notes or other records that may be made regarding any such materials,

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shall not be Disclosed to anyone except as expressly permitted under the terms of the

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stipulation and protective order. I will not copy or use, except solely for the purposes of this

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Proceeding, any Confidential Materials obtained pursuant to this stipulation and protective

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order, except as provided therein or otherwise ordered by the Court in the Proceeding.

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I further understand that I am to retain all copies of all Confidential Materials

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provided to me in the Proceeding in a secure manner, and that all copies of such Materials

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are to remain in my personal custody until termination of my participation in this

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Proceeding, whereupon the copies of such Materials will be returned to counsel who

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provided me with such Materials.

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I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct.
Executed this ___ day of ___, 20___, at ___________________________.
_______________________________________
Signature
_______________________________________
Printed Name
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