Springer-Bowman v. Bridge Bank of Silicon Valley, N.A. et al
Filing
27
STIPULATION AND ORDER re 25 Stipulation filed by Debra Springer-Bowman. Signed by Magistrate Judge Howard R. Lloyd on 5/12/09. (hrllc1, COURT STAFF) (Filed on 5/13/2009)
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LOUIS A. HIGHMAN, State Bar No. 61703 BRUCE J. HIGHMAN, State Bar No. 101760 LAW OFFICES OF HIGHMAN, HIGHMAN & BALL 870 Market Street, Suite 467 San Francisco, CA 94l02 Telephone: (4l5) 982-5563 Attorneys for Plaintiff DEBRA SPRINGER-BOWMAN RONA P. LAYTON, State Bar No. 121238 SIMS & LAYTON 84 W. Santa Clara St., #660 San Jose, CA 95113 Telephone: (408) 998-3400 Attorneys for Defendants BRIDGE BANK OF SILICON VALLEY, N.A., BRIDGE BANK, N.A., AND BRIDGE CAPITAL HOLDINGS
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
DEBRA SPRINGER-BOWMAN, Plaintiff, -vBRIDGE BANK OF SILICON VALLEY, N.A.; BRIDGE BANK, N.A.; BRIDGE CAPITAL HOLDINGS, Defendants. _________________________/
CASE NO. 08-CV-02509 JW
STIPULATION FOR PROTECTIVE ORDER; ORDER AS AMENDED BY THE COURT
Subject to the approval of this Court, the parties hereby stipulate to the following protective order: 1. action, In connection with discovery proceedings in this the parties may designate 1
Stipulation for Protective Order; Order-Case No. 08 -CV-02509 JW
any
document,
thing,
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material, testimony or other information derived therefrom, as "Confidential" under the terms of this Stipulated Protective Order (hereinafter "Order"). 2. suitable Confidential documents shall be so designated by a marking of "Confidential--Subject
Civ. P. 26(c).
to
Protective
Order" or by letter of counsel. the document qualifies as protected under F.R. that 3. or trial
only after a good faith determination has been made
Testimony taken at a deposition, conference, hearing may be designated as confidential by making a
statement to that effect on the record at the deposition or other proceeding. Arrangements shall be made with the court
reporter taking and transcribing such proceeding to designate such portions of the transcript containing information
designated as confidential and to keep them confidential, and to label such portions appropriately. 4. Material designated as confidential under this Order,
the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter "Confidential Material") shall be used only for the purpose of the
prosecution, defense, or settlement of this action, and for no other purpose.
Except as ordered by the Court, 5. ^ Confidential
Material produced pursuant to this Order
may be disclosed or made available only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel), and to the
"qualified persons" designated below: (a) a party, a spouse 2
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of
a
party,
or
an
officer,
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director, or managing agent of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action; (b) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action; (c) court reporter(s) employed in this action; (d) a witness at any deposition or other proceeding in this action; (e) the Court, personnel of the Court, or the jury; and (f) any other person as to whom the parties in writing agree. 6. Depositions shall be taken only in the presence of
qualified persons. 7. 5(f), All qualified person in 5(a), 5(b), 5(c), 5(d), and being shown or informed of any Confidential
above,
Material in this case shall first be informed of the contents of this stipulated protective order by counsel for the party to whom the Confidential Material was produced, and agree to abide by the stipulated protective order.y signing Exhibit A. b 8. Nothing herein shall impose any restrictions on the
use or disclosure by a party of material obtained by such party independent of discovery in this action, whether or not such material is also obtained through discovery in this
action, or from disclosing its own Confidential Material as it deems appropriate. 9. In the event that any Confidential material is used 3
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in any court proceeding in this action, it shall not lose its confidential status through such use. 10. This Order shall be without prejudice to the right
of the parties (i) to bring before the Court at any time the
after the parties have conferred directly in voice-to-voice dialogue, as required by the Court's Local Rules. the
question of whether any particular document or information is confidential or whether its use should be restricted or (ii) to present a motion to the Court for a separate protective order as to any particular document or information, including restrictions differing from those as specified herein. This
Order shall not be deemed to prejudice the parties in any way in any future application for modification of this Order. 11. This Order is entered solely for the purpose of
facilitating the exchange of documents and information between the parties to this action without involving the Court
unnecessarily in the process.
Nothing in this Order nor the
production of any information or document under the terms of the order nor any proceedings pursuant ot this Order shall be deemed to have the effect of an admission or waiver by either party or of altering the confidentiality or nonconfidentiality of any such document or information or altering any existing obligation of any part or the absence thereof. l2. This Order shall survive the final termination of
this action, to the extent that the information contained in the Confidential material is not or does not become known to
for a period of six months
the public, and the Court shall retain jurisdiction ^to resolve any dispute concerning the use of information disclosed
hereunder.
Upon termination of this case, counsel for the 4
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parties shall assemble and return to each other all documents, material and deposition transcripts designated as confidential and all copies of same, or shall certify the destruction thereof. SO STIPULATED: DATED: April 27 , 2009. LOUIS A. HIGHMAN BRUCE J. HIGHMAN LAW OFFICES OF HIGHMAN, HIGHMAN & BALL By_/s/Louis A. Highman____ Attorneys for Plaintiff DEBRA SPRINGER-BOWMAN DATED: April 27, , 2009. RONA P. LAYTON SIMS & LAYTON
By /s/Rona P. Layton______ Attorneys for Defendants BRIDGE BANK OF SILICON VALLEY, N.A.; BRIDGE BANK, N.A.; BRIDGE CAPITAL HOLDINGS ORDER So ORDERED. DATED:
May 12
, 2009.
__________________________
HOWARD R. LLOYD HON. JAMES WARE UNITED STATES MAGISTRATE JUDGE
U.S. DISTRICT JUDGE
5
Stipulation for Protective Order; Order-Case No. 08 -CV-02509 JW
1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 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 Signature: __________________________________ [signature] Date: _________________________________ City and State where sworn and signed: _________________________________ Printed name: ______________________________ [printed name] 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 Northern District of California on [date] in the case of ___________ [insert formal name of the case and the number and initials assigned to it by the court]. 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 Northern 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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