Madrigal v. Nationstar Mortgage LLC et al
Filing
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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.: (213) 688-9500 – FAX: (213) 627-6342
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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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725 S. FIGUEROA STREET, SUITE 3800
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protection. Accordingly, it is
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ORDERED and ADJUDGED as follows:
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1.
"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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725 S. FIGUEROA STREET, SUITE 3800
LOS ANGELES, CALIFORNIA 90017
TEL.: (213) 688-9500 – FAX: (213) 627-6342
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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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725 S. FIGUEROA STREET, SUITE 3800
LOS ANGELES, CALIFORNIA 90017
TEL.: (213) 688-9500 – FAX: (213) 627-6342
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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;
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(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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AKERMAN LLP
containing "CONFIDENTIAL" material shall be covered by this Order. During a
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725 S. FIGUEROA STREET, SUITE 3800
LOS ANGELES, CALIFORNIA 90017
TEL.: (213) 688-9500 – FAX: (213) 627-6342
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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
LOS ANGELES, CALIFORNIA 90017
TEL.: (213) 688-9500 – FAX: (213) 627-6342
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Order until the Court rules on the party's specific petition.
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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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16.
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.
21.
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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.
AKERMAN LLP
725 S. FIGUEROA STREET, SUITE 3800
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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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