Lindblom v. Santander Consumer USA Inc. et al

Filing 70

STIPULATED Protective ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 5/6/2016. (Herman, H)

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TROUTMAN SANDERS LLP
Chad R. Fuller, Bar No. 190830
[e-mail]
Justin M. Brandt, Bar No. 278368
[e-mail]
11682 El Camino Real, Suite 400
San Diego, CA 92130-2092
Telephone: [phone]
Facsimile: 858-509-6040
Attorneys for Defendant
SANTANDER CONSUMER USA INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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APRIL LINDBLOM, an individual,

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Plaintiff,

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v.

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Case No. 1:15-cv-00990-LJO-BAM
STIPULATED PROTECTIVE
ORDER

SANTANDER CONSUMER USA,
INC., et al.,

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Defendants.

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This litigation is currently in discovery, and it appears that such discovery

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will involve the disclosure of personal, confidential, trade secret, proprietary,

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technical, business, and/or financial information (hereinafter referred to collectively

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as "confidential information" or "confidential material"). Accordingly, it appearing

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that all of the parties consent to entry of this Agreed Protective Order, and for good

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cause, it is further ORDERED AS FOLLOWS:

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T ROU TMA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

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1.

purpose of this litigation and for no other purpose. In no event shall any person
receiving confidential information use it for commercial or competitive purposes,
make any public disclosure of the contents thereof, or use it in any other litigation,
other than in conjunction with prosecuting or defending this litigation, provided,
however, that nothing in this Agreed Protective Order will affect the admissibility
in other litigations or judicial proceedings of anything produced in the present
matter. Rather, the admissibility of such things in other litigations and judicial
proceedings shall be determined by the arbitrator or judge presiding over those
proceedings.
2.

may mark such information or document as “CONFIDENTIAL.” Any information
or document so marked shall not be disclosed to any person except as may be
permitted by this Order. The designation of any information as “CONFIDENTIAL”
shall be made in good faith.
3.

This Agreed Protective Order shall not abrogate or diminish any

contractual, statutory, or other legal obligation or right of any party or person with
respect to confidential information.
4.

The aforesaid designation as to documents shall be made by placing a

rubber stamp impression, label, or other mark of the word “CONFIDENTIAL” on each
page of the document which the designating party wishes to designate as confidential.
All documents so designated shall be labeled prior to the transmission of a physical copy
thereof to the receiving party. Any and all medical records received by virtue of
responses to subpoena or by production requests supplied by either party shall be
assumed confidential. No designation of medical records as “CONFIDENTIAL” is
necessary for purposes of this order.

11682 EL CAMINO REAL
SUITE 400

If any answer given or document produced in response to any

discovery in this case contains any confidential information, the responding party

T ROU TMA N S ANDE RS LLP

SAN DIEGO, CA 92130-2092

All confidential information in this case shall be used solely for the

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5.

The parties may designate portions of deposition testimony as

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“CONFIDENTIAL” by so designating such testimony before, during, or after the

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deposition. If testimony is designated as “CONFIDENTIAL,” the designating party will

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clearly state on the record the reason for such designation. Simply denominating
testimony as confidential is insufficient for purposes of this Order. The designation of
testimony as confidential will not render the entire deposition as confidential. Only the
specific portion of the testimony will receive a preliminary confidential designation. If
testimony is designated as confidential following the deposition, said designation must
be made no later than 15 days after receipt of said deposition transcripts. Any court
reporter who transcribes testimony in this action at a deposition shall agree, before
transcribing any such testimony, that testimony is “CONFIDENTIAL” and shall remain
confidential and shall not be disclosed except as provided in this Order; the copies of
any transcript, reporter's notes, or other transcription records of any such testimony
shall be retained in absolute confidentiality and safekeeping by such reporter or
delivered to attorneys of record.
6.

Subject to the provisions below, information and documents designated as

“CONFIDENTIAL” shall be disclosed only to the Court, the parties, their attorneys,
witnesses or potential witnesses, and persons assisting counsel. As used herein, the term

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“parties” includes the parties' officers, directors, and employees in a management

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capacity. As used herein, the phrase “persons assisting counsel” shall mean clerks,

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paralegals and secretaries in the regular employ of the parties’ counsel, as well as any

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expert whose technical advice is being or will be used in connection with this litigation,
either in preparation for trial or in the trial itself.
7.

If any party or attorney for any party in this litigation desires to give,

show, make available, or communicate any information or document designated
“CONFIDENTIAL” to any person, other than the Court, or a party, such as to a person
assisting counsel or to any witness, potential witness, and/or expert witness, the

T ROU TMA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

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attorney or party shall first give a copy of this Agreed Protective Order to such person,
who shall read this Agreed Protective Order, be fully familiar with its provisions, and
execute a written affirmation agreeing to its terms. If the third party refuses to execute
a written affirmation, the confidential information shall not be disclosed to the third
party.
8.

Inadvertent production of any document or material without a

designation of “CONFIDENTIAL” will not be deemed to waive a party’s claim as to
its confidential nature or estop the party from so designating the particular document
or material as confidential at a later date. Disclosure of such document or material by
any party prior to such designation, however, shall not be deemed in violation of the
provisions of this Order. “CONFIDENTIAL” documents produced by any party or
nonparty through discovery in this suit prior to the entry of this Order by the Court
shall be subject to the provisions of this Order to the same extent as if this Order had
already been entered by the Court, unless the Court directs otherwise.
9.

The Agreed Protective Order shall not, in itself, be construed to waive

any applicable privilege, work-product protection, or other protection or to affect
the ability of a party to seek relief for an inadvertent disclosure of material
protected by privilege, work-product protection, or other protection.
10.

With respect to any information or document, or portion thereof, which

has been designated “CONFIDENTIAL,” any party may at any time serve a written
notice of objection to such designation. Counsel shall attempt to resolve the dispute
informally. If no agreement can be reached, counsel may move the Court for an Order
denying confidential treatment to the documents or information in question. If such a
motion is filed, the documents and/or information shall be kept confidential pending a
ruling on the motion. The party asserting confidentiality has the burden to prove that
the documents and/or information deserve such treatment.

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T ROU TMA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

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11.

Any

information

or

document

designated

and all parties.
12.

After the termination of this action, the restrictions on communications

and disclosures provided for herein shall continue to be binding upon the parties and
upon all of the persons to whom documents, answers to interrogatories, deposition
transcripts, or other items of discovery designated as “CONFIDENTIAL” or
material contained herein have been communicated or disclosed pursuant to the
provisions of this Agreed Protective Order or any other order of the Court. Further,
at the conclusion of all litigation and litigation initiated by Claimant's counsel
against Santander on behalf of clients previously identified, or three years after the
completion of this litigation, whichever is later, all documents designated as
“CONFIDENTIAL,” including all copies which may have been disclosed to expert
witnesses, shall be returned to the party producing it or destroyed.
13.

This Agreed Protective Order is intended to provide a mechanism for the

handling of confidential documents and information. It is not intended by the parties to
act as a waiver of the right to object to any disclosure of information or production of
any documents they deem confidential on any grounds they may deem appropriate,
including, without limitation, confidentiality, relevance, or privilege. Further, the
provisions of this Agreed Protective Order shall not affect the admissibility of evidence
at the litigation hearing or any preliminary evidentiary proceeding, except as directed
by separate order entered for good cause shown.

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T ROU TMA N S ANDE RS LLP
SUITE 400

been

papers that disclose any such information, shall be kept confidential by the Court

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SAN DIEGO, CA 92130-2092

has

“CONFIDENTIAL” that is filed with the Court, or any pleadings, motions, or other

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11682 EL CAMINO REAL

that

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14.

Nothing in this Agreed Protective Order shall preclude any of the

parties from otherwise seeking a modification of this Agreed Protective Order.

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Done this 28th day of April, 2016.

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AGREED TO BY:

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TROUTMAN SANDERS LLP

Dated: April 28, 2016

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By:/s/ Chad R. Fuller
Chad R. Fuller
Justin M. Brandt
Attorneys for Defendant
SANTANDER CONSUMER USA
INC.

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DAVIS & NORRIS, LLP

Dated: April 28, 2016

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By:/s/ John E. Norris
D. Frank Davis (pro hac vice)
John E. Norris (pro hac vice)
Wesley W. Barnett (pro hac vice)
Attorneys for Plaintiff

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///
///

T ROU TMA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

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ORDER

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In addition to the above Stipulation between the parties, the Court further

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ORDERS that all documents or materials designated as “Confidential” pursuant to

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this Protective Order, and specifically paragraph 11 and all papers or documents

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containing information or materials designated as “Confidential” that are filed with

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the Court for any purpose shall be filed and served under seal pursuant to Local

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Rule 141. Within five (5) days of filing of any confidential document under seal,

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the party shall file a redacted copy of the sealed document. The redactions shall be

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narrowly tailored to protect only the information that is confidential or was deemed

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confidential.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 6, 2016

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T ROU TMA N S ANDE RS LLP
SUITE 400
SAN DIEGO, CA 92130-2092

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UNITED STATES MAGISTRATE JUDGE

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11682 EL CAMINO REAL

A. McAuliffe

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