Harris v. Dimon et al

Filing 94

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 7/13/2015. (Michel, G.)

1 Stuart J. Baskin (pro hac vice)
[e-mail]
2 Jaculin Aaron (SBN 133983)
[e-mail]
3 SHEARMAN & STERLING LLP
599 Lexington Avenue
4 New York, New York 10022
Tel: [phone]
5 Fax: [phone]
6 Attorneys for Defendants James A. Bell;
Crandall C. Bowles; Stephen B. Burke;
7 James S. Crown; Timothy P. Flynn; Ellen V.
Futter; Laban P. Jackson, Jr.; David C.
8 Novak; Lee R. Raymond; and William C.
Weldon
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Gary W. Kubek (pro hac vice)
[e-mail]
10
Johanna Skrzypczyk (pro hac vice)
[e-mail]
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DEBEVOISE & PLIMPTON LLP
12 919 Third Avenue
New York, New York 10022
13 Tel: [phone]
14 Attorneys for Nominal Defendant
JPMorgan Chase & Co. and Defendants
15 James Dimon, William B. Harrison, Jr., and
Robert I. Lipp
16
[Additional counsel listed on signature page]
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18

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

20 In re JPMORGAN CHASE
DERIVATIVE LITIGATION
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Master File No. 2:13-cv-02414-KJM-EFB
[PROPOSED] STIPULATED
PROTECTIVE ORDER

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23 This Document Relates To: All Actions.
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Courtroom:
Judge:
Magistrate:

3
Hon. Kimberly J. Mueller
Hon. Edmund F. Brennan

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1.

PURPOSES AND DEFINITIONS

Jurisdictional disclosure and discovery activity in this action, as directed by the Court’s
Order dated May 5, 2015, are likely to involve production of confidential, proprietary, or private
information for which special protection from public disclosure and from use for any purpose
other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate
to and petition the court to enter the following Stipulated Protective Order with respect to
jurisdictional discovery. The parties acknowledge that this Order does not confer blanket
protections on all disclosures or responses to jurisdictional discovery and that the protection it
affords from public disclosure and use extends only to the limited information or items that are
entitled to confidential treatment under the applicable legal principles. The parties further
acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not
entitle them to file confidential information under seal; Civil Local Rule 141 sets forth the
procedures that must be followed and the standards that will be applied when a party seeks
permission from the court to file material under seal.
2.

DEFINITIONS

2.1 Challenging Party: a Party or Non-Party that challenges the designation of information
or items under this Order.
2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
of Civil Procedure 26(c).
2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as
their support staff).
2.4 Designating Party: a Party or Non-Party that designates information or items that it
produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or
manner in which it is generated, stored, or maintained (including, among other things, testimony,

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transcripts, and tangible things), that are produced or generated in disclosures or responses to
discovery in this matter.
2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the
litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a
consultant in this action, (2) is not a past or current employee of a Party or of a Party’s competitor,
and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s
competitor.
2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:
extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or
Non-Party would create a substantial risk of serious harm that could not be avoided by less
restrictive means.
2.8 House Counsel: attorneys who are employees of a party to this action. House Counsel
does not include Outside Counsel of Record or any other outside counsel.
2.9 Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a party to this action
but are retained to represent or advise a party to this action and have appeared in this action on
behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
2.11 Party: any party to this action, including all of its officers, directors, employees,
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material
in this action.
2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,
photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.14 Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
Producing Party.
3.

SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material
(as defined above), but also (1) any information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
However, the protections conferred by this Stipulation and Order do not cover the following
information: (a) any information that is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a
result of publication not involving a violation of this Order, including becoming part of the public
record through trial or otherwise; and (b) any information known to the Receiving Party prior to
the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained
the information lawfully and under no obligation of confidentiality to the Designating Party. Any
use of Protected Material at trial shall be governed by a separate agreement or order.
4.

DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this
Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
and defenses in this action, with or without prejudice; and (2) final judgment herein after the
completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
including the time limits for filing any motions or applications for extension of time pursuant to
applicable law.
5.

DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
Non-Party that designates information or items for protection under this Order must take care to
limit any such designation to specific material that qualifies under the appropriate standards. The

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parties reserve their rights to seek available sanctions for designations that are shown to be clearly
unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or
retard the case development process or to impose unnecessary expenses and burdens on other
parties).
If it comes to a Designating Party’s attention that information or items that it designated
for protection do not qualify for protection at all or do not qualify for the level of protection
initially asserted, that Designating Party must promptly notify all other parties that it is
withdrawing the mistaken designation.
5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure
or Discovery
Material that qualifies for protection under this Order must be clearly so designated before
the material is disclosed or produced.
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but
excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” to each page that contains protected material.
A Party or Non-Party that makes original documents or materials available for inspection
need not designate them for protection until after the inspecting Party has indicated which material
it would like copied and produced. During the inspection and before the designation, all of the
material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants
copied and produced, the Producing Party must determine which documents, or portions thereof,
qualify for protection under this Order. Then, before producing the specified documents, the
Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains Protected Material.

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(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
Designating Party identify on the record, before the close of the deposition, hearing, or other
proceeding, all protected testimony and specify the level of protection being asserted. When it is
impractical to identify separately each portion of testimony that is entitled to protection and it
appears that substantial portions of the testimony may qualify for protection, the Designating Party
may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right
to have up to 21 days to identify the specific portions of the testimony as to which protection is
sought and to specify the level of protection being asserted. Only those portions of the testimony
that are appropriately designated for protection within the 21 days shall be covered by the
provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at
the deposition or up to 21 days afterwards if that period is properly invoked, that the entire
transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.”
Parties shall give the other parties notice if they reasonably expect a deposition, hearing or
other proceeding to include Protected Material so that the other parties can ensure that only
authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound”
(Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition
shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
– ATTORNEYS’ EYES ONLY.”
Transcripts containing Protected Material shall have an obvious legend on the title page
that the transcript contains Protected Material, and the title page shall be followed by a list of all
pages (including line numbers as appropriate) that have been designated as Protected Material and
the level of protection being asserted by the Designating Party. The Designating Party shall inform
the court reporter of these requirements. Any transcript that is prepared before the expiration of a
21-day period for designation shall be treated during that period as if it had been designated
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise
agreed. After the expiration of that period, the transcript shall be treated only as actually

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designated.
(c) for information produced in some form other than documentary and for any other
tangible items, that the Producing Party affix in a prominent place on the exterior of the container
or containers in which the information or item is stored the legend “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. If only a portion or portions of the
information or item warrant protection, the Producing Party, to the extent practicable, shall
identify the protected portion(s) and specify the level of protection being asserted.
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
designate qualified information or items does not, standing alone, waive the Designating Party’s
right to secure protection under this Order for such material. Upon timely correction of a
designation, the Receiving Party must make reasonable efforts to assure that the material is treated
in accordance with the provisions of this Order.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
challenge a confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.
6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by
providing written notice of each designation it is challenging and describing the basis for each
challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
recite that the challenge to confidentiality is being made in accordance with this specific paragraph
of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must
begin the process by conferring directly (in voice to voice dialogue; other forms of communication
are not sufficient) within 7 days of the date of service of notice. In conferring, the Challenging
Party must explain the basis for its belief that the confidentiality designation was not proper and

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must give the Designating Party an opportunity to review the designated material, to reconsider
the circumstances, and, if no change in designation is offered, to explain the basis for the chosen
designation. A Challenging Party may proceed to the next stage of the challenge process only if it
has engaged in this meet and confer process first or establishes that the Designating Party is
unwilling to participate in the meet and confer process in a timely manner.
6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
intervention, the Designating Party shall prepare and file a notice of motion and motion pursuant
to Local Rule 251(a) within 21 days of the initial notice of challenge or within 14 days of the
parties agreeing that the meet and confer process will not resolve their dispute, whichever is
earlier. The hearing shall be scheduled for the nearest available date and time, but no earlier than
twenty-one (21) days from the date of filing and service of the notice of motion and motion. The
Designating Party shall then prepare and file a joint statement under the procedures of Civil Local
Rule 251(c). In preparing the joint statement, the Designating Party shall submit to the
Challenging Party (or any other interested third-party) its position in writing no later than seven
(7) days prior to the filing of the joint statement. The Challenging Party (or any other interested
third-party) will then set forth its response in the joint statement and return it to the Designating
Party no later than three (3) days prior to the filing of the joint statement. Each such joint
statement must be accompanied by a competent declaration affirming that the Designating Party
has complied with the meet and confer requirements imposed in the preceding paragraph. Failure
by the Designating Party to make such a motion within 21 days (or 14 days, if applicable) as
provided above shall automatically waive the confidentiality designation for each challenged
designation. In addition, the Challenging Party may file a joint statement under the procedures of
Civil Local Rule 251 challenging a confidentiality designation at any time if there is good cause
for doing so, including a challenge to the designation of a deposition transcript or any portions
thereof. Any motion or joint statement brought pursuant to this provision must be accompanied by
a competent declaration affirming that the movant has complied with the meet and confer
requirements imposed by the preceding paragraph.

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The burden of persuasion in any such challenge proceeding shall be on the Designating
Party. The parties reserve their rights to seek available sanctions for frivolous challenges and
those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens
on other parties). Unless the Designating Party has waived the confidentiality designation by
failing to file a motion to retain confidentiality as described above, all parties shall continue to
afford the material in question the level of protection to which it is entitled under the Producing
Party’s designation until the court rules on the challenge.
7.

ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
produced by another Party or by a Non-Party in connection with this case only for prosecuting,
defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
the categories of persons and under the conditions described in this Order. When the litigation has
been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a location and in
a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
information or item designated “CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of
said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
attached hereto as Exhibit A;
(b) the officers, directors, and employees (including House Counsel) of the Receiving
Party to whom disclosure is reasonably necessary for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff, professional jury or trial consultants, including mock
jurors who have signed a confidentiality agreement, and Professional Vendors to whom disclosure
is reasonably necessary for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A;
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
unless otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
bound by the court reporter and may not be disclosed to anyone except as permitted under this
Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a custodian or other
person who otherwise possessed or knew the information.
7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
Information or Items. Unless otherwise ordered by the court or permitted in writing by the
Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of
said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
attached hereto as Exhibit A;
(b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this
litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
and (3) as to whom the procedures set forth in paragraph 7.4(a), below, have been followed;
(c) the court and its personnel;

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(d) court reporters and their staff, professional jury or trial consultants, including mock
jurors who have signed a confidentiality agreement, and Professional Vendors to whom disclosure
is reasonably necessary for this litigation and who have signed the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A ; and
(e) the author or recipient of a document containing the information, or a custodian or other
person who otherwise possessed or knew the information.
7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY CONFIDENTIAL
– ATTORNEYS’ EYES ONLY”
Information or Items to Experts.
(a) Unless otherwise ordered by the court or agreed to in writing by the Designating Party,
a Party that seeks to disclose to an Expert (as defined in this Order) any information or item that
has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to
paragraph 7.3(b) first must make a written request to the Designating Party that (1) identifies the
general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information
that the Receiving Party seeks permission to disclose to the Expert, (2) sets forth the full name of
the Expert and the city and state of his or her primary residence, (3) attaches a copy of the Expert’s
current resume, (4) identifies the Expert’s current employer(s), (5) identifies each person or entity
from whom the Expert has received compensation or funding for work in his or her areas of
expertise or to whom the expert has provided professional services, including in connection with a
litigation, at any time during the preceding five years, and (6) identifies (by name and number of
the case, filing date, and location of court) any litigation in connection with which the Expert has
offered expert testimony, including through a declaration, report, or testimony at a deposition or
trial, during the preceding five years.
(b) A Party that makes a request and provides the information specified in the preceding
respective paragraphs may disclose the subject Protected Material to the identified Expert unless,
within 14 days of delivering the request, the Party receives a written objection from the
Designating Party. Any such objection must set forth in detail the grounds on which it is based.

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(c) A Party that receives a timely written objection must meet and confer with the
Designating Party (through direct voice to voice dialogue) to try to resolve the matter by
agreement within seven days of the written objection. If no agreement is reached, the Party
seeking to make the disclosure to the Expert may file a joint statement in accord with the
procedures as provided in Civil Local Rule 251. Any such motion or statement must describe the
circumstances with specificity, set forth in detail the reasons why the disclosure to the Expert is
reasonably necessary, assess the risk of harm that the disclosure would entail, and suggest any
additional means that could be used to reduce that risk. In addition, any such motion must be
accompanied by a competent declaration describing the parties’ efforts to resolve the matter by
agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth the
reasons advanced by the Designating Party for its refusal to approve the disclosure.
In any such proceeding, the Party opposing disclosure to the Expert shall bear the burden
of proving that the risk of harm that the disclosure would entail (under the safeguards proposed)
outweighs the Receiving Party’s need to disclose the Protected Material to its Designated House
Counsel or Expert.
8.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION

If a Party is served with a subpoena or a court order issued in other litigation that compels
disclosure of any information or items designated in this action as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall include a copy
of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to issue in the
other litigation that some or all of the material covered by the subpoena or order is subject to this
Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
and
(c) cooperate with respect to all reasonable procedures sought to be pursued by the

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Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the subpoena
or court order shall not produce any information designated in this action as “CONFIDENTIAL”
or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the
court from which the subpoena or order issued, unless the Party has obtained the Designating
Party’s permission. The Designating Party shall bear the burden and expense of seeking protection
in that court of its confidential material – and nothing in these provisions should be construed as
authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from
another court.
9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION

(a) The terms of this Order are applicable to information produced by a Non-Party in this
action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY”. Such information produced by Non-Parties in connection with this litigation is
protected by the remedies and relief provided by this Order. Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
(b) In the event that a Party is required, by a valid discovery request, to produce a NonParty’s confidential information in its possession, and the Party is subject to an agreement with the
Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
1. promptly notify in writing the Requesting Party and the Non-Party that some or all of
the information requested is subject to a confidentiality agreement with a Non-Party;
2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in this
litigation, the relevant discovery request(s), and a reasonably specific description of the
information requested; and
3. make the information requested available for inspection by the Non-Party.
(c) If the Non-Party fails to object or seek a protective order from this court within 14 days
of receiving the notice and accompanying information, the Receiving Party may produce the Non-

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Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks
a protective order, the Receiving Party shall not produce any information in its possession or
control that is subject to the confidentiality agreement with the Non-Party before a determination
by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense
of seeking protection in this court of its Protected Material.

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10.

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
Material to any person or in any circumstance not authorized under this Stipulated Protective
Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected
Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the
terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A.

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11.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain inadvertently
produced material is subject to a claim of privilege or other protection, the obligations of the
Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
provision is not intended to modify whatever procedure may be established in an e-discovery order
that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence
502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
communication or information covered by the attorney-client privilege or work product protection,
the parties may incorporate their agreement in the stipulated protective order submitted to the
court.
12.

MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
its modification by the court in the future.

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STIPULATED PROTECTIVE ORDER

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MASTER FILE NO.
2:13-cv-02414-KJM-EFB

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12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
no Party waives any right it otherwise would have to object to disclosing or producing any
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
Party waives any right to object on any ground to use in evidence of any of the material covered
by this Protective Order.

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12.3 Filing Protected Material. Without written permission from the Designating Party or a
court order secured after appropriate notice to all interested persons, a Party may not file in the
public record in this action any Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed
under seal pursuant to a court order authorizing the sealing of the specific Protected Material at
issue.
13.

FINAL DISPOSITION

Within 60 days after the final disposition of this action, as defined in paragraph 4, each
Receiving Party must return all Protected Material to the Producing Party or destroy such material.
As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
summaries, and any other format reproducing or capturing any of the Protected Material. Whether
the Protected Material is returned or destroyed, the Receiving Party must submit a written
certification to the Producing Party (and, if not the same person or entity, to the Designating Party)
by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected
Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained
any copies, abstracts, compilations, summaries or any other format reproducing or capturing any
of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival
copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
correspondence, deposition and trial exhibits, expert reports, attorney work product, and
consultant and expert work product, even if such materials contain Protected Material. Any such
archival copies that contain or constitute Protected Material remain subject to this Protective Order
as set forth in Section 4 (DURATION).

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STIPULATED PROTECTIVE ORDER

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MASTER FILE NO.
2:13-cv-02414-KJM-EFB

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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STIPULATED PROTECTIVE ORDER

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MASTER FILE NO.
2:13-cv-02414-KJM-EFB

1 DATED: July 7, 2015

MORGAN, LEWIS & BOCKIUS, LLP

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By:

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/s/ Christopher J. Banks
CHRISTOPHER J. BANKS

Franklin Brockway Gowdy (SBN: 47918)
Christopher J. Banks (SBN: 218779)
Benjamin P. Smith (SBN: 197551)
One Market St., Spear St. Tower
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]

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DEBEVOISE & PLIMPTON LLP
Gary W. Kubek (pro hac vice)
Johanna Skrzypczyk (pro hac vice)
919 Third Avenue
New York, NY 10022
Tel: [phone]
Fax: [phone]

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Attorneys for Nominal Defendant JPMorgan
Chase & Co. and Defendants James Dimon,
William B. Harrison, Jr., and Robert I. Lipp

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STIPULATED PROTECTIVE ORDER

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MASTER FILE NO.
2:13-cv-02414-KJM-EFB

1 DATED: July 7, 2015

SHEARMAN & STERLING LLP

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By:

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Stuart J. Baskin (pro hac vice)
Jaculin Aaron (SBN 133983)
599 Lexington Avenue
New York, NY 10022
Tel: [phone]
Fax: [phone]

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/s/ Stuart J. Baskin

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SHEARMAN & STERLING LLP
Jeffrey S. Facter (SBN 123817)
Emily V. Griffen (SBN 209162)
Four Embarcadero Center, Suite 3800
San Francisco, CA 94111-5994
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants James Bell; Crandall
C. Bowles; Stephen B. Burke; James S.
Crown; Timothy P. Flynn; Ellen V. Futter;
Laban P. Jackson, Jr.; David C. Novak; Lee R.
Raymond; and William C. Weldon

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DATED: July 7, 2015
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COTCHETT, PITRE & MCCARTHY,
LLP
By: /s/ Brian M. Schnarr

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Mark C. Molumphy (SBN 168009)
Joseph W. Cotchett (SBN 36324)
Jennifer R. Crutchfield (SBN 275343)
Brian M. Schnarr (SBN 275587)
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Ronald A. Harris

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STIPULATED PROTECTIVE ORDER

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MASTER FILE NO.
2:13-cv-02414-KJM-EFB

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PROPOSED ORDER
Pursuant to the parties’ stipulation,

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IT IS SO ORDERED.

6 Dated: July 13, 2015.
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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of _________________
[print or type full address], declare under penalty of perjury that I have read in its entirety and
understand the Stipulated Protective Order that was issued by the United States District Court for
the Eastern District of California on [date] in the case of In re JPMorgan Chase Derivative
Litigation, (Master File No. 2:13-cv-02414-KJM-EFB). I agree to comply with and to be bound by
all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to
so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly
promise that I will not disclose in any manner any information or item that is subject to this
Stipulated Protective Order to any person or entity except in strict compliance with the provisions
of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective
Order, even if such enforcement proceedings occur after termination of this action.
I hereby appoint __________________________ [print or type full name]
of_______________________________________ [print or type full address and telephone
number] as my California agent for service of process in connection with this action or any
proceedings related to enforcement of this Stipulated Protective Order.

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Date: _________________________________
City and State where sworn and signed: _________________________________
Printed name: ______________________________
[printed name]
Signature: __________________________________
[signature]

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STIPULATED PROTECTIVE ORDER

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2:13-cv-02414-KJM-EFB