Zahabi v. Bank of America, N.A., et al

Filing 98

STIPULATION FOR PROTECTIVE ORDER. Signed by Judge Richard Seeborg on 10/21/13. (cl, COURT STAFF) (Filed on 10/21/2013)

1
2
3
4
5
6

PATRICIA H. LYON, State Bar No. 126761
MAXINE FASULIS, State Bar No. 127687
FRENCH & LYON
Professional Corporation
One Sansome Street, Suite 750
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant,
ARASH BAHMAN

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12

SHIRIN ABBASZADEH ZAHABI,
Plaintiff,

13
v.

14
15

BANK OF AMERICA, N.A., ARASH
BAHMAN, and DOES 1 - 50, inclusive,

16
Defendants.
17
18
19
20

) CASE NO. C 12-00014
)
)
) STIPULATION FOR PROTECTIVE
) ORDER AND [PROPOSED] ORDER
)
)
)
)
)
)
)
)
)
)
)
)
)

21
WHEREAS Plaintiff Shirin Abbaszadeh Zahabi (“Plaintiff” or “Zahabi”), Defendant

22
23

Bank of America, N.A. (the “Bank”), and Defendant Arash Bahman (“Bahman”) (collectively,

24

the “parties” or individually, a “party”) anticipate there may be documents of a confidential

25

nature which have or will be produced during the discovery process in the matter before this

26

Court;

27

NOW THEREFORE, the parties agree as follows:

28

1.

In connection with discovery proceedings in this action, a party may designate as
-1STIPULATION AND [PROPOSED] PROTECTIVE ORDER
Case No. C12-00014

1

“Confidential” any document containing confidential information, as determined in good faith by

2

the party making that designation (“designating party”).

3

2.

By designating a document, thing, material, testimony or other information

4

derived therefrom as “Confidential,” under the terms of this Protective Order, the party making

5

that designation is certifying to the Court that there is a good faith basis both in law and in fact

6

for the designation within the meaning set forth herein.

7

3.

Confidential documents shall be so designated by stamping copies of the

8

document produced to any party with a legend “CONFIDENTIAL.” Stamping the legend

9

“CONFIDENTIAL” on the cover of any multi-page document shall designate all pages of the

10

document as confidential, unless otherwise indicated by the designating party. The inadvertent

11

failure to mark a document confidential shall not affect the confidentiality of the document or the

12

right of designating party to claim the protection of this Protective Order at any time. Any

13

document, whether marked “CONFIDENTIAL” or not, will be deemed to be confidential, if, by

14

the nature of its contents, it is reasonably obvious that it is confidential. Upon notification to the

15

other parties of an inadvertent failure to mark a document or documents “Confidential,” the

16

document or documents identified shall, from the date of notice forward, be subject to the

17

protection of this Protective Order. Such information which is described as confidential and

18

designated as confidential in the manner set forth herein shall be considered confidential

19

information (“confidential information”).

20

4.

Confidential information shall not include any documents or information already

21

known to the receiving party prior to disclosure during the discovery process or obtained by the

22

receiving party after the disclosure and not obtained through the discovery process, documents or

23

information necessary for the servicing and/or processing of the loan in dispute in this litigation,

24

or documents or information which are part of the public domain.

25

5.

Any party wishing to have a particular document not be subject to this Stipulation

26

and Protective Order or to obtain information redacted in accordance with Civil Local Rule 79-5,

27

may initiate a meet and confer process to resolve the issue. The challenging party shall provide

28

-2STIPULATION AND [PROPOSED] PROTECTIVE ORDER
Case No. C12-00014

1

to the designating party in writing an outline of the procedural or substantive issues regarding the

2

confidential information designation and the basis for the party’s belief that the confidential

3

information designation was improper. The designating party will review the material at issue,

4

reconsider the circumstances, and provide a written response within ten (10) calendar days.

5

Failure to respond with ten (10) calendar days will constitute a waiver of the confidential

6

information designation as to the material at issue.

7

6.

If, after a good faith meet and confer regarding the material to which a challenge

8

regarding the confidential information designation has been raised, the designating party still

9

reasonably believes that the confidential information designation is proper or still refuses to revel

10

information the designating party redacted in accordance with Civil Local Rule 79-5, the

11

challenging party may apply to bring before the Court the question of whether any particular

12

document, material, or information is confidential or whether its use should be restricted. This

13

Protective Order shall not be deemed to prejudice the parties in any way in any future

14

applications for modification of this Protective Order.

15

7.

Except as may be otherwise ordered by this Court, confidential information shall

16

be disclosed only to: (i) the parties to this lawsuit; (ii) the parties’ attorneys and their support

17

staff, investigators, agents and employees; (iii) experts and consultants retained by the parties or

18

their attorneys to assist them in the preparation of this lawsuit; (iv) the judiciary, its employees

19

and its agents, including jurors; (v) court reporters, their transcribers, assistants and employees

20

hired to assist the parties or the judiciary; (vi) witnesses at the trial of the action and deponents

21

in this action; (vii) authors, subjects or recipients of the confidential information from whom any

22

of the parties obtained disclosure; (viii) anyone as agreed to in writing by the parties.

23

8.

Unless otherwise agreed by all parties or ordered by the Court, all documents filed

24

or lodged with the Court that contain confidential information shall be filed or lodged in

25

accordance with Civil Local Rule 79-5 which includes but is not limited to filing documents in

26

sealed envelopes or other appropriate sealed containers labeled "CONFIDENTIAL: LODGED

27

CONDITIONALLY UNDER SEAL PENDING COURT ORDER," and an affixed cover sheet

28

-3STIPULATION AND [PROPOSED] PROTECTIVE ORDER
Case No. C12-00014

1

which contains the entire case caption and a statement that the enclosed record is subject to a

2

motion to file the enclosed record under seal, until further order of this Court. Any Court

3

hearing which refers to or describes confidential information may be held in camera, at the

4

Court's discretion.

5

9.

If any party to this stipulation learns that, by inadvertence or otherwise, it has

6

disclosed confidential information to any unauthorized person or in any circumstances not

7

authorized under this Protective Order, that party must immediately a) notify in writing the party

8

designating the information as confidential information of the unauthorized disclosures; b) use

9

its best efforts to retrieve all unauthorized copies of the confidential information; and c) inform

10

the person or persons to whom unauthorized disclosures were made of all the terms of this

11

Protective Order.

12

10.

Upon the final disposition (including any appeal, writ, review or rehearing) of this

13

action, the parties in receipt of confidential information furnished pursuant to the terms of this

14

Protective Order and in possession of any copies thereof and any notes taken from such

15

confidential information which are not in custody of the Court shall have the option of

16

destroying, returning to the disclosing party within forty-five (45) days, or storing and protecting

17

the confidential information. A party who chooses to destroy or store and protect the

18

confidential information in its possession shall provide certification of such destruction or

19

storage and protection in writing to the disclosing party within forty-five (45) days of the final

20

disposition of this action. Notwithstanding the foregoing, parties and their attorneys shall have

21

no obligation to return copies of pleadings, attorney notes or attorney-client communications

22

containing confidential information. However, that confidential information shall, nonetheless,

23

remain subject to the terms of this Protective Order and may not be used in any manner

24

inconsistent therewith.

25

11.

Nothing contained herein shall prevent or preclude the use of documents,

26

correspondence, materials, or information designated as confidential information in the

27

prosecution or defense of this action or any of the proceedings herein, provided that the use of

28

-4STIPULATION AND [PROPOSED] PROTECTIVE ORDER
Case No. C12-00014

1

such confidential information is made with full and complete compliance with all provisions of

2

this Protective Order.

3

12.

Nothing herein shall impose any restrictions on the use or disclosure by a party of

4

material obtained by such party independently of discovery in this action, whether or not such

5

material is also obtained through discovery in this action, or from disclosing its own confidential

6

material as it deems appropriate.

7

13.

This Protective Order is subject to later modification by the Court on application

8

of any party or on its own motion. This Protective Order is without prejudice to the right of a

9

party to apply for an order modifying or limiting any designation of information or documents as

10
11

confidential information
14.

Neither the entry of this Protective Order, nor the designation of any information

12

or documents as confidential information or failure to make such a designation, shall constitute

13

evidence or an admission with respect to any issue in this case, and shall not constitute a waiver

14

of any objections to the disclosure of confidential information. Nothing in this Protective Order

15

shall be construed to require any party to disclose to any other party any confidential

16

information, or to prohibit any party from refusing to disclose confidential information to any

17

other party. Nothing in this Protective Order nor the production of any information or

18

documents under the terms of this Protective Order nor any proceedings pursuant to this

19

Protective Order shall be deemed to have the effect of an admission or waiver by any party.

20

15.

For purposes of this Protective Order, the litigation shall be deemed to have been

21

terminated when a judgment or dismissal with prejudice has been entered which has become

22

final as to all parties, and all appeals have been concluded or the right to appeal has expired, or at

23

such earlier time as the parties may in writing agree.

24
25
26
27
28

-5STIPULATION AND [PROPOSED] PROTECTIVE ORDER
Case No. C12-00014

1 SO STIPULATED
2

Dated: October 18, 2013

Respectfully submitted,
LAW OFFICES of ROBERT F. KANE
COMMUNITY LEGAL SERVICES IN
EAST PALO ALTO
By: /s/ Robert F. Kane, Esq.
Robert F. Kane, Esq.
Attorneys for Plaintiff,
Shirin Abbaszadeh Zahabi

Dated: October 18, 2013

AKERMAN SENTERFITT LLP
By: /s/ Preston Ascherin Esq.
Preston Ascherin, Esq.
Attorneys for Defendant,
Bank of America, N.A

Dated: October 18, 2013

FRENCH & LYON
By: /s/ Maxine Fasulis, Esq.
Maxine Fasulis, Esq.
Attorneys for Defendant,
Arash Bahman

3
4
5
6
7
8
9
10
11
12
13
14
15
16

*I hereby attest that I have received approval for any signatures indicated by a “conformed”
signature (/s/) within this e-filed document.

17
18
ORDER
19

IT IS SO ORDERED.

20
21

Dated: 10/21/13

___________________________________

22

JUDGE OF THE U.S. DISTRICT COURT

23
24
25
26
27
28

-6STIPULATION AND [PROPOSED] PROTECTIVE ORDER
Case No. C12-00014