Leon v. Tri Counties Bank
Filing
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STIPULATED PROTECTIVE ORDER signed by Judge John A. Mendez on 7/9/2013. (Zignago, K.)
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RONALD W. BROWN, ESQ. (SBN 107340)
CARRIE E. BUSHMAN, ESQ. (SBN 186130)
COOK BROWN, LLP
555 CAPITOL MALL, SUITE 425
SACRAMENTO, CALIFORNIA 95814
TELEPHONE NO.: 916‐442‐3100
FACSIMILE NO.: 916‐442‐4227
Attorneys for Defendant TRI COUNTIES BANK
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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RICHARD LEON, JR.,
Plaintiff,
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Case No. 2:12‐CV‐01529‐JAM‐DAD
STIPULATION FOR PROTECTIVE
ORDER
v.
TRI COUNTIES BANK,
Defendant.
Action Filed: June 7, 2012
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WHEREAS, Plaintiff RICHARD LEON, JR. (“Plaintiff”) has produced to Defendant
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TRI COUNTIES BANK (“Defendant”) certain documents in this matter, identified as Bates
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Nos. LEON001448‐2470, which contain customer and other financial information,
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including customer names, account numbers, account balances, and account collection
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data, which constitutes private, confidential, proprietary, and/or trade secret information
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(“Confidential Documents”);
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WHEREAS Defendant has demanded the return of all such Confidential
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Documents, both in their original form as well as all hard or electronic copies that may
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have been made and has further demanded that all electronic versions of said documents
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which may be saved on Plaintiff’s or his legal counsel’s computer systems be destroyed;
WHEREAS Plaintiff has expressed concern that, if the Confidential Documents are
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returned and all copies thereof destroyed, Defendant will resist disclosure of the
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STIPULATION FOR PROTECTIVE ORDER
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information contained in the documents and object to Plaintiff’s testimony regarding the
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information contained in the documents based on the best evidence rule; and
In order to resolve these issues, subject to the approval of this Court, Plaintiff and
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Defendant (“Parties” collectively), through their respective counsel, hereby stipulate to the
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following protective order:
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1.
DESTRUCTION OF DOCUMENTS
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Plaintiff and his legal counsel agree to destroy the Confidential Documents, both in
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their original form as well as all hard copies of the documents that have been made.
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Plaintiff and his legal counsel further agree that all electronic versions or electronic copies
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of such documents which may be saved on their respective computer systems will be
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destroyed. Finally, Plaintiff and his legal counsel agree to sign the affidavits attached
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hereto as Attachment 1 attesting to the destruction of all such Confidential Documents.
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2.
REDACTION OF DOCUMENTS
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Defendant agrees to redact from the Confidential Documents all customer names,
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addresses, phone numbers, other identifying information, and all but the last 4 digits of
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customer loan numbers, and produce the redacted documents to Plaintiff’s legal counsel
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pursuant to the terms of this Stipulation for Protective Order.
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3.
CONFIDENTIAL INFORMATION
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This Stipulation for Protective Order will apply to the Confidential Documents, as
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well as all testimony concerning such documents taken at a deposition, hearing, conference
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or trial, and any summaries, copies, abstracts or other documents derived in whole or in
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part from the Confidential Documents (referred to collectively as “Confidential
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Information”). All documents subject to this Stipulation for Protective Order shall be
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marked in red with the word “Confidential”. Any testimony concerning such documents
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shall be designated as confidential by making a statement to that effect on the record and
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arrangements shall be made with the court reporter transcribing the proceeding. The
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parties certify to the Court that there is a good faith basis both in law and fact for the
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designation of such documents and information as confidential.
STIPULATION FOR PROTECTIVE ORDER
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4.
USE OF CONFIDENTIAL INFORMATION
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The Confidential Information will be used by Plaintiff only in this action. Plaintiff
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will not use any Confidential Information for any purpose other than to present his claims
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in this action, and will not disclose the information to any third party, apart from the
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procedures provided for herein.
5.
PERSONS AUTHORIZED TO TAKE CUSTODY OF CONFIDENTIAL
INFORMATION
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Only the following persons shall be authorized to view, examine or obtain custody
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of the Confidential Information, or copies thereof, on condition that, before such viewing,
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examination, copying or note taking, they agree in writing to be bound by and adhere to
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the terms of this Stipulated Protective Order by executing a nondisclosure agreement in the
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form of Attachment 2 hereto:
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A.
Plaintiff Richard Leon;
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B.
Counsel for Plaintiff who are actively engaged in the conduct of this
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litigation, and any partner, shareholder, associate, law clerk, paralegal, assistant or
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secretary assisting said attorneys in this litigation;
C.
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Any expert or consultant informally or formally retained for consultation
and/or testimony in connection with this case by Plaintiff;
D.
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Court officials involved in this litigation (including court reporters and any
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special master or arbitrator appointed by the Court or stipulated or agreed to by the
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Parties); and
E.
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Any person designated by the Court in the interest of justice, upon such
terms as the Court may deem proper.
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6.
RESPONSIBILITY CONCERNING CONFIDENTIAL INFORMATION
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The party to whom Confidential Information is disclosed or produced will be
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responsible for ensuring that parties and other persons are informed of the terms of this
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Stipulated Protective Order, but that no one, other than the persons specified in Paragraph
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5, supra, is to be informed of the substance of any Confidential Information disclosed or
STIPULATION FOR PROTECTIVE ORDER
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produced. Before disclosing Confidential Information to any person, counsel will obtain
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from that person a written agreement to be bound by the terms of the Stipulated Protective
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Order.
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7.
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No person authorized to view, examine or copy the Confidential Information, or to
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make notes therefrom, may disclose any portion of said documents or information to any
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person and/or entity not authorized hereunder. No reproduction or photocopies are to be
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viewed, examined or maintained by any person or entities outside of those persons
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described in paragraph 5, supra.
8.
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NON‐DISCLOSURE
DOCUMENTS REVEALED TO THE COURT
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Whenever any party wishes to file with the Court, introduce or use at trial, a
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hearing, or any other proceeding any Confidential Information, that party shall provide 10
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days’ written notice to all parties and to the Court prior to disclosing or filing the
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Confidential Information. Thereafter, any party may move the Court by application or
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noticed motion, pursuant to Rules 140 and 141 of the Local Rules of the United States
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District Court for the Eastern District of California (or other applicable court rule regarding
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filing documents under seal), to have all filings and disclosures containing Confidential
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Information filed under seal. If the party moves the Court in this fashion, all such filings
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and disclosures containing Confidential Information shall be lodged and filed in the
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manner set forth in Rule 141 (or other applicable court rule regarding filing documents
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under seal) until the Court makes such rulings and provides instruction to the parties on
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how to file such Confidential Information thereafter. In the event that any Confidential
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Information is used in any court proceeding in this action, it shall not lose its confidential
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status through such use, and the party using such information shall take all reasonable
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steps to maintain its confidentiality during such use.
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9.
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On final disposition of this action, counsel for any party having possession, custody
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SURRENDER OF DOCUMENTS AT CONCLUSION OF LAWSUIT
or control of Confidential Information produced in the course of discovery, or otherwise, in
STIPULATION FOR PROTECTIVE ORDER
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this action will promptly destroy all documents and tangible items covered by this Order,
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including all copies, transcripts, notes, and extracts containing confidential information
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except those marked as exhibits during trial, which shall be returned to Defendant’s
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counsel.
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10.
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Nothing in this Stipulated Protective Order affects, in any way, the admissibility of
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ADMISSIBILITY IN COURT
any documents, testimony, or other evidence at trial.
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11. VIOLATION OF ORDER
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Upon any claimed or alleged violation of this Stipulation for Protective Order or any
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portion thereof, the non‐violating party is entitled to seek appropriate relief, if any,
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including, but not limited to, the imposition of sanctions.
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12.
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The effective date of this Stipulation for Protective Order shall be the date upon
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EFFECTIVE DATE
which it is signed by all parties through their attorneys of record.
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13.
MODIFICATION
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This Stipulation for Protective Order may be modified in writing only by signed
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agreement of the parties.
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DATED: July 9, 2013
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By:
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COOK BROWN, LLP
DATED: July 9, 2013
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/s/ Richard M. Rogers
RICHARD M. ROGERS
Attorneys for Plaintiff
RICHARD LEON, JR.
STIPULATION FOR PROTECTIVE ORDER
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LAW OFFICE OF RICHARD M. ROGERS
By:
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/s/ Carrie E. Bushman
CARRIE E. BUSHMAN
Attorneys for Defendant
TRI COUNTIES BANK
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APPROVED AND SO ORDERED.
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DATED: 7/9/2013
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/S/ JOHN A. MENDEZ____________________
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION FOR PROTECTIVE ORDER
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