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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Case 5:08-cv-02509-JW Document 25 Filed 04/28/2009 Page 1 of 5 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 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, Case 5:08-cv-02509-JW Document 25 Filed 04/28/2009 Page 2 of 5 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 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 Stipulation for Protective Order; Order-Case No. 08 -CV-02509 JW of a party, or an officer, Case 5:08-cv-02509-JW Document 25 Filed 04/28/2009 Page 3 of 5 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 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 Stipulation for Protective Order; Order-Case No. 08 -CV-02509 JW Case 5:08-cv-02509-JW Document 25 Filed 04/28/2009 Page 4 of 5 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 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 Stipulation for Protective Order; Order-Case No. 08 -CV-02509 JW Case 5:08-cv-02509-JW Document 25 Filed 04/28/2009 Page 5 of 5 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 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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