State Compensation Insurance Fund v. Metropolitan West Securities LLC et al

Filing 72

STIPULATION AND ORDER AMENDING CONFIDENTIALITY PROTECTIVE ORDER. Signed by Judge Jeffrey S. White on 3/2/11. (sis, COURT STAFF) (Filed on 3/2/2011)

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State Compensation Insurance Fund v. Metropolitan West Securities LLC et al Doc. 72 Case3:09-cv-02959-JSW Document71 Filed03/02/11 Page1 of 4 1 2 3 4 5 6 7 8 9 10 MUNGER, TOLLES & OLSON LLP Marc T.G. Dworsky (SB# 157413) James C. Rutten (SB# 201791) Eric P. Tuttle (SB# 248440) 355 South Grand Avenue, 35th Floor Los Angeles, California 90071-1560 (213) 683-9100; (213) 687-3702 (fax) marc.dworsky@mto.com, james.rutten@mto.com eric.tuttle@mto.com Attorneys for Defendants WELLS FARGO BANK, N.A. (successor by merger to WACHOVIA BANK, N.A.) and METROPOLITAN WEST SECURITIES LLC UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 13214894.1 STATE COMPENSATION INSURANCE FUND, Plaintiff, vs. METROPOLITAN WEST SECURITIES LLC; WACHOVIA BANK, N.A.; DOES 1 through 10, inclusive; and DOES 11 through 20, inclusive, CASE NO. CV 09-02959 JSW (EDL) STIPULATION AND [PROPOSED] ORDER AMENDING CONFIDENTIALITY PROTECTIVE ORDER CASE NO. CV 09-2959 JSW (EDL) STIPULATION AND ORDER AMENDING CONFIDENTIALITY PROTECTIVE ORDER Dockets.Justia.com Case3:09-cv-02959-JSW Document71 Filed03/02/11 Page2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS the parties submitted a Stipulated Confidentiality Protective Order on October 2, 2009 (Dkt. 25); WHEREAS the Court signed and entered the Stipulated Confidentiality Protective Order on October 6, 2009 (Dkt. 26) (the "Confidentiality Order"); WHEREAS paragraph 7.2(d) of the Confidentiality Order expressly provides that a Receiving Party may disclose Confidential Information to certain Experts, as these terms are defined in the Confidentiality Order; WHEREAS paragraph 7.3 of the Confidentiality Order does not expressly provide that a Receiving Party may disclose Highly Confidential Attorneys' Eyes Only Information to its Experts; WHEREAS the omission of Experts in the parties' stipulated submission from the list of persons to whom Highly Confidential Attorneys' Eyes Only Information may be disclosed was inadvertent, and the parties desire that such Highly Confidential Attorneys' Eyes Only Information may be disclosed to Experts on the same terms that Confidential Information may be disclosed to Experts; NOW THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES HERETO AND THEIR COUNSEL OF RECORD, SUBJECT TO THE COURT'S APPROVAL, AS FOLLOWS: Paragraph 7.3 of the Confidentiality Order is amended by striking the current paragraph 7.3, and replacing it with a new paragraph 7.3 as follows (with new text in bold): 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 Counsel; 13214894.1 -1CASE NO. CV 09-2959 JSW (EDL) STIPULATION AND ORDER AMENDING CONFIDENTIALITY PROTECTIVE ORDER Case3:09-cv-02959-JSW Document71 Filed03/02/11 Page3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13214894.1 (b) House Counsel with principal responsibility for overseeing this action; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A); (d) the Court and its personnel; (e) court reporters, their staffs, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A); (f) during or in preparation for their deposition or other testimony, witnesses in the action to whom disclosure is reasonably necessary. Such witnesses shall not be permitted to retain copies unless they have signed the "Agreement to Be Bound by Protective Order" (Exhibit A). 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.; and (g) the author of the document or the original source of the information. The Confidentiality Order shall otherwise remain in effect. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Date: March 2, 2011 MUNGER, TOLLES & OLSON LLP By: /s/ Eric P. Tuttle Eric P. Tuttle Attorneys for Defendants WELLS FARGO BANK, N.A. (successor by merger to WACHOVIA BANK, N.A.) and METROPOLITAN WEST SECURITIES LLC -2CASE NO. CV 09-2959 JSW (EDL) STIPULATION AND ORDER AMENDING CONFIDENTIALITY PROTECTIVE ORDER Case3:09-cv-02959-JSW Document71 Filed03/02/11 Page4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: March 2, 2011 BARGER & WOLEN LLP By: /s/ Travis R. Wall Travis R. Wall Attorneys for Plaintiff STATE COMPENSATION INSURANCE FUND PURSUANT TO STIPULATION, IT IS SO ORDERED. March 2, 2011 DATED: ____________________ ____________________________________ The Honorable Jeffrey S. White United States District Court Judge 13214894.1 -3CASE NO. CV 09-2959 JSW (EDL) STIPULATION AND ORDER AMENDING CONFIDENTIALITY PROTECTIVE ORDER

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