Gaudin v. Saxon Mortgage Services, Inc.

Filing 60

ADDENDUM TO STIPULATION AND ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIAL. Signed by Judge Richard Seeborg on 5/10/12. (cl, COURT STAFF) (Filed on 5/10/2012)

1 JOHN B. SULLIVAN (State Bar No. 96742)
[e-mail]
2 MARY KATE SULLIVAN (State Bar No. 180203)
[e-mail]
3 ERIK KEMP (State Bar No. 246196)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
7
JEFFREY Q. SMITH (not yet admitted Pro Hac
8 Vice)
[e-mail]
9 LAILA ABOU-RAHME (Pro Hac Vice)
[e-mail]
10 JEANETTE V. TORTI (Pro Hac Vice)
[e-mail]
11 BINGHAM McCUTCHEN LLP
399 Park Avenue
12 New York, NY 10022
Telephone: [phone]
13 Facsimile: [phone]
14 Attorneys for Defendant SAXON MORTGAGE
SERVICES, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

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19 MARIE GAUDIN, individually, and on behalf
of others similarly situated,
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Plaintiff,
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vs.
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SAXON MORTGAGE SERVICES, INC., a
23 Texas corporation,

Case No. 3:11-cv-01663 RS

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Complaint filed: 04/26/2011

Defendant.

CLASS ACTION
ADDENDUM TO STIPULATION AND
(PROPOSED) ORDER GOVERNING
CONFIDENTIALITY OF DISCOVERY
MATERIAL

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IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff Marie Gaudin and

27 her undersigned counsel, and Defendant Saxon Mortgage Services, Inc. and its undersigned
28 counsel (each a “Party,” and collectively, the “Parties”), pursuant to Rule 26(c) of the Federal
12015.0008/2209600.1

3:11-cv-01663 RS
ADDENDUM TO STIPULATION AND (PROPOSED) ORDER RE DISCOVERY CONFIDENTIALITY

1 Rules of Civil Procedure and Rule 502 of the Federal Rules of Evidence, that:
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1.

This Addendum to the Stipulation and (Proposed) Order Governing Confidentiality

3 of Discovery Material shall supplement the original Stipulated Protective Order for Standard
4 Litigation executed by the Parties on February 2, 2012, and entered by the Court on May 9, 2012,
5 docket entry 57 (together, the “Protective Order”).
6

2.

Any Party may designate any documents, electronically stored information or other

7 information produced by such Party in connection with discovery in this litigation (collectively,
8 “Discovery Material”), as “Confidential” (referred to as “Confidential Material” herein) if, in good
9 faith, the Party producing the Discovery Material (the “Producing Party”) believes:
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a.

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the material contains non-public, proprietary or commercially sensitive
information;

b.

the material requires the protections provided in this Protective Order to

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prevent unreasonable annoyance, expense, embarrassment, disadvantage or

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prejudice to any person or entity;

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c.

the material contains personally identifying information of any individual,

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including but not limited to social security numbers and financial account

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numbers;

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d.

any “Nonparty Borrower Information,” which for purposes of this

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Protective Order shall mean any document that constitutes “nonpublic

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personal information” within the meaning of the Gramm Leach Bliley Act,

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15 U.S.C. § 6802, et seq., and its implementing regulations, including but

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not limited to any portion of a mortgage loan file or servicing record or

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other document which includes financial information for any person

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(including any credit history, report or score obtained on such a person to

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determine the individual’s eligibility for credit) together with personally

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identifiable information with respect to such person, including name,

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address, social security number, loan number, telephone number, place or

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position of work;
12015.0008/2209600.1

3:11-cv-01663 RS
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ADDENDUM TO STIPULATION AND (PROPOSED) ORDER RE DISCOVERY CONFIDENTIALITY

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e.

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documents or data which may constitute “consumer reports” as that term is
defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.;

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f.

extracts and summaries of information described in subparagraph (d) that

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disclose any financial or credit information for any person together with

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personally identifiable information with respect to such person, which

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extracts and summaries shall also be considered Nonparty Borrower

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Information; or

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g.

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any other category of information hereinafter given confidential status by
the Court.

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3.

Confidential Material, information derived therefrom or any other documents or

11 materials reflecting or disclosing any Confidential Material may only be used in this litigation and
12 shall not be used for any other purpose. In addition to the protection provided to materials deemed
13 Confidential pursuant to this Protective Order, the Parties understand and recognize that there are
14 various obligations relating to the disclosure and use of Nonparty Borrower Information arising
15 from various federal and state laws, including without limitation, the Gramm Leach Bliley Act, 15
16 U.S.C. § 6802, et seq. and the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq., and shall abide
17 by all such federal and state laws applicable to them.
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4.

To the extent any federal or state law governing the disclosure and use of Nonparty

19 Borrower Information permits such disclosure only as required by an order of a court, the
20 Producing Party’s production of Nonparty Borrower Information in accordance with this
21 Protective Order shall satisfy and constitute compliance with such requirement. To the extent any
22 such laws require a producing party to give notice to the subject of any Nonparty Borrower
23 Information prior to disclosure, the Court finds that there is good cause to excuse such
24 requirement. Any Producing Party may take such additional actions, or seek additional orders
25 from this Court, which such Party believes may be necessary to comply with any federal or state
26 laws governing the disclosure of Nonparty Borrower Information.
27 / / /
28 / / /
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ADDENDUM TO STIPULATION AND (PROPOSED) ORDER RE DISCOVERY CONFIDENTIALITY

1 ///
2 DATED: May 3, 2012

JENKINS MULLIGAN & GABRIEL LLP

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By:

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/s/ Daniel J. Mulligan
Daniel J. Mulligan (SBN 103129)
10085 Carroll Canyon Road, Suite 210
San Diego, CA 92131
Telephone: [phone]; [e-mail]

7 DATED: May 3, 2012

LAW OFFICE OF PETER FREDMAN

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5

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By:

/s/ Peter B. Fredman
Peter B. Fredman (SBN 189097)
125 University Avenie. Suite 102
Berkeley, CA 94710
Telephone: [phone]; [e-mail]

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Attorneys for Plaintiff Marie Gaudin, for herself and
persons similarly situated

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DATED: May 3, 2012

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BINGHAM MCCUTCHEN LLP

By:

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/s/ Jeanette V. Torti
Jeanette V. Torti

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19 DATED: May 10, 2012

SEVERSON & WERSON
aProfessional Corporation

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21

By:

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/s/ Erik Kemp
Erik Kemp

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Attorneys for Defendant Saxon Mortgage Services, Inc.

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I, Erik Kemp, am the ECF user whose identification and password are being used to file

25 this Addendum To Stipulation and (Proposed) Order Governing Confidentiality of Discovery
26 Material. I hereby attest that Daniel J. Mulligan, Peter B. Fredman, and Jeanette V. Tori have
27 concurred in this filing.
28

/s/ Erik Kemp
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3:11-cv-01663 RS
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ADDENDUM TO STIPULATION AND (PROPOSED) ORDER RE DISCOVERY CONFIDENTIALITY

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.
2
3 DATED: 5/10/12
RICHARD SEEBORG
United States District Judge

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ADDENDUM TO STIPULATION AND (PROPOSED) ORDER RE DISCOVERY CONFIDENTIALITY