Santa Clara Valley Housing Group, Inc. et al v. United States of America

Filing 36

STIPULATION AND ORDER AS AMENDED BY THE COURT re 33 . Signed by Magistrate Judge Howard R. Lloyd on 08/16/2010. (hrllc1, COURT STAFF) (Filed on 8/16/2010)

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1 CHARLES P. RETTIG, State Bar No. 97848 STEVEN TOSCHER, State Bar No. 91115 2 AVRAM SALKIN, State Bar No. 30412 EDWARD M. ROBBINS, JR., State Bar No. 82696 3 SHARYN M. FISK, State Bar No. 199898 Hochman Salkin Rettig Toscher & Perez, P.C. 4 9150 Wilshire Boulevard, Suite 300 Beverly Hills, CA 90212 5 Telephone: 310-281-3200 Fax: 310-859-1430 6 JOSEPH P. ROSSONIELLO 7 United States Attorney THOMAS M. NEWMAN 8 Assistant United States Attorney HENRY C. DARMSTADTER 9 JAMES E. WEAVER STEPHEN P. JOHNSON 10 ADAM D. STRAIT Trial Attorneys, Tax Division 11 U.S. Department of Justice P.O. Box 683, Ben Franklin Station 12 Washington, D.C. 20044-0683 Telephone: 202-307-6481 13 Fax: 202-307-0054 14 15 16 ** E-filed August 16, 2010 ** UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 17 SANTA CLARA VALLEY HOUSING GROUP, INC and KRISTEN M. BOWES, 18 19 20 21 v. Plaintiffs, Case No. 5:08-cv-05097-JW STIPULATED PROTECTIVE ORDER REGARDING AMERICAN INTERNATIONAL GROUP, INC. AS AMENDED BY THE COURT Honorable Judge James Ware Honorable Judge Lucy H. Koh 22 UNITED STATES OF AMERICA, 23 24 25 26 27 28 Defendant. STIPULATED PROTECTIVE ORDER 1 5600232.2 5700591.1 5752291.1 1 2 3 By agreement of the parties, plaintiffs Santa Clara Valley Housing Group, Inc. n on-party 4 American International Group, Inc., and/or its subsidiaries or affiliated entities, 5 specifically including but not limited to American International Specialty Lines Insurance 6 Company, n/k/a Chartis Specialty Insurance Company by and 7 through their attorneys, and in order to protect certain information during the discovery 8 phase of this litigation that non-party AIG may be required to produce during the course 92 10 8 C.F.R. 50.9, it is hereby ORDERED that: Information, materials, and documents (whether in paper or electronic form) 11 1. 12 produced or furnished by AIG to either or both of the Parties in response to subpoenas 13 issued in this case that contain any confidential tax, personal, or financial information 14 relating to any individual or entity other than the Parties, or their employees or affiliates, 15 which AIG -faith 16 determination that the information, materials, or documents warrant protection under the 17 appropriate standards, . Notwithstanding any 18 other provisions of this Order, the Parties and AIG understand and agree that documents 19 produced by AIG in response to subpoenas in this case, and that are otherwise publicly 20 available, are not entitled to treatment as Protected Information pursuant to this Order, 21 and may be treated by the Parties as not being Protected Information without the need for 22 any further order of this Court. The presumptions concerning Protected Information 23 identified by the paragraph are subject to the objection provisions of paragraph 7. The 24 issuance of this Protective Order does not constitute a finding by the Court (or an 25 admission by any Party) that any Protected Information is relevant, admissible, or 26 otherwise not subject to challenge on evidentiary grounds. 27 28 STIPULATED PROTECTIVE ORDER 2 5600232.2 5700591.1 5752291.1 1 2. Protected Information may be used in any and all discovery proceedings in this 2 case including, but not limited to, document requests, requests for admission, depositions, 3 interrogatories, and discovery motions, but shall not otherwise be publicly disclosed 4 except as permitted by this Order. Protected Information may be used by the Parties in 5 connection with the prosecution or defense of this action (including, but not limited to, all 6 uses associated with motions filings and all uses associated with offering Protected 7 Information into evidence or eliciting/offering testimony at trial), but not for any other 8 pending or threatened civil litigation, nor any business or other purpose, except as 9 otherwise provided for in this Order. The United States may use Protected Information 10 in other civil litigation, provided that the United States provides written notification to 11 AIG and its counsel in advance of any intended use in other civil litigation. The written 12 notification to AIG shall be provided to Devaleena Das, Associate Litigation Counsel, 13 Chartis U.S., 175 Water Street, 18th Floor, New York, NY 10038 and the written 14 notif K 15 atsur, Gibson Dunn & Crutcher LLP, 1050 Connecticut Ave. NW, Washington, DC 16 20036. The written notification shall be made in a reasonable time and manner to allow 17 AIG to interpose objections to the use of the Protected Information in such other civil 18 litigation. The written notice shall confirm the agreement of the United States that (i) the 19 Protected Information will be used solely for purposes of such other civil litigation and (ii) 20 access to the Protected Information will be limited in the same manner and subject to the 21 same limitations as provided in this Order. The United States agrees that AIG does not 22 waive any evidentiary objections it may have in such other and subsequent civil litigation 23 by producing Protected Information for use in this action. 24 3. Except as described herein (or by subsequent order of this Court), the Parties 25 agree not to give, show, disclose, disseminate, or describe, either directly or indirectly, 26 Protected Information to any person(s) other than those identified, below, by this Order. 27 STIPULATED PROTECTIVE ORDER 3 28 The Parties acknowledge that this Order creates no entitlement to file Protected Information under seal; a Party that seeks to file under seal any Protected Information must comply with Civil Local Rule 79-5 and General Order 62. 5600232.2 5700591.1 5752291.1 1 4. 2 3 4s 5 Access to Protected Information shall be restricted to: (a). (b). This Court and its personnel; Counsel for the Parties, including outside and in-house lawyers; other taff, and administrators, to whom it is necessary to disclose Protected Information for 6 purposes of this litigation (including secretaries, paralegals, clerks, and other assistants); 7 (c). The Parties themselves (for purposes of the United States, this includes all 8 persons employed by the United States Department of Justice or the Internal Revenue 9 Service whose duties include assisting with, or reviewing, matters concerning this 10 litigation); 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 4 5600232.2 5700591.1 5752291.1 1 (d). Independent experts or consultants retained by counsel for the Parties for 2 the purpose of assisting in this litigation, including any of their staff to whom it is 3 necessary to disclose Protected Information in order to assist in their participation in this 4 litigation; 5 6w 7 itness by a Party at deposition or during trial or to be interviewed about a matter at issue (e). Any potential witness in this litigation identified in the Complaint, 8 in this case, as well as any counsel for such witness and any person(s) present during 9 such testimony or interview. For purposes of this paragraph 4(e), the Parties and AIG 10 understand and agree that documents produced by AIG in response to subpoenas in this 11 case, and that are otherwise available to a potential witness described in this paragraph 12 4(e), shall not be treated as Protected Information with respect to such potential witness. 13 Individuals identified by this Paragraph may be provided with a copy of any relevant 14 Protected Information for their review in prepar s 15 deposition or testimony, either at trial or other hearing in this litigation. Upon completion 16 of their review, the Protected Information provided shall be returned to counsel for the 17 Party that supplied it; 18 (f). Any mediators, arbitrators, or other outside parties and their staff enlisted 19 by all Parties to assist in the resolution of this matter; 20 (g). Outside or contracted litigation-support services, including commercial 21 copying services; 22 (h). Any court reporter, transcriber or videographer who reports, transcribes or 23 records testimony in this action at a deposition; 24 (i). Employees of the Department of Justice and the Internal Revenue Service 25 who are assigned to any criminal investigation or matter for their unrestricted use in such 26 27 28 STIPULATED PROTECTIVE ORDER 5 5600232.2 5700591.1 5752291.1 1 criminal investigation or matter, which use shall not be limited by the terms of this Order; 2 and 3 4 5 5. No Party shall disclose Protected Information or copies of Protected Information (j). Anyone as may be ordered by the Court. 6 to any of the persons identified in Paragraphs 4(d) or 4(f) without first having obtained an 7 executed acknowledgment from such person, substantially in the form attached hereto or, 8 in the case of depositions, an acknowledgement on the record that such person agrees to 9 be bound by the terms of this Protective Order. No Party shall disclose Protected 10 Information or copies of Protected Information to any of the persons identified in 11 Paragraphs 4(e), 4(g) or 4(h) without first seeking to have such persons execute an 12 acknowledgment, substantially in the form attached hereto or, in the case of depositions, 13 an acknowledgement on the record that such person agrees to be bound by the terms of 14 this Protective Order. Notwithstanding the rest of this Paragraph, no acknowledgment 15 shall be required by a person identified in Paragraph 4(g) who has previously executed a 16 contract, confidentiality agreement, or other arrangement which forbids further disclosure 17 18 support services. 19 6. The Parties and AIG agree that the inadvertent or unintentional disclosure by a - 20 Party of Protected Information shall not be deemed a waiver in whole or in part of any 21 claim of confidentiality or protected status. This paragraph applies to both the specific 22 information disclosed as well as any other information relating thereto or on the same or 23 related subject matter. 24 7. Any Party may object to the designation of, or failure to designate, a document as 25 Protected Information under this Protective Order. If the Parties and AIG cannot resolve 26 the matter by agreement after conferring in good faith (in voice-to-voice dialogue; other 27 28 STIPULATED PROTECTIVE ORDER 6 5600232.2 5700591.1 5752291.1 1 forms of communication are not sufficient), any Party or AIG may submit the matter to 2 the Court for resolution. The burden of persuasion in any such proceeding shall be on the 3 side claiming protection. Until the Court resolves the matter, the disputed document shall 4 be treated as protected by this Protective Order. 5 8. Should either Party be commanded pursuant to a valid subpoena issuing from any 6 federal or state court, administrative agency or other governmental authority to disclose 7 Protected Information, such Party will promptly notify AIG and its counsel in advance of 8 any disclosure pursuant to such a subpoena in order to afford AIG an opportunity to 9 object or move to quash the subpoena. 10 9. Within ninety (90) days after the final conclusion of this litigation, including all 11 appeals, each Party will provide written certification to AIG that all originals and/or 12 copies of all Protected Information (including both paper and electronic versions) in the 13 possession of the Party, its counsel or other agents, have been either returned to AIG or 14 c 15 ontains Protected Information, but such retained work product shall remain subject to 16 the terms of this Protective Order. The Defendant c 17 opies of court filings and official transcripts and exhibits and other documents required 18 to be retained by written Department of Justice record-retention policy, provided that all 19 such retained documents designated as Protected Information continue to be treated as 20 provided herein. 21 10. This Protective Order shall be effective immediately upon signature by counsel 22 for either Party, and shall remain in effect after conclusion of this litigation, and the 23 signing Parties agree that the Court may enforce the terms of this agreement and may 24 disclose any Protected Information as part of a Court order or memorandum. The Court 25 shall retain jurisdiction to enforce the terms of this Protective Order for six months after 26 the final termination of this action. 27 28 STIPULATED PROTECTIVE ORDER 7 5600232.2 5700591.1 5752291.1 1 11. 2 12. This Stipulation may be executed by each Party separately. Counsel for the Parties shall promptly report any breach of the provisions of this 3 Protective Order to counsel for AIG. Upon discovery of any breach of this Protective 4 Order, counsel for the breaching Party shall immediately take appropriate action to cure 5 the violation and retrieve any Protected Information that may have been disclosed to 6 persons not covered by this Protective Order. The Parties and AIG shall reasonably 7 cooperate in determining the existence of any such breach and whether there is reason to 8 report the breach to the Court. 9 13. Upon entry of this Order by the Court and in accordance with the return date of 10 the subpoena, AIG shall furnish a set of responsive documents to both counsel for the 11 Plaintiffs and counsel for the Defendant. 12 13 14 15 16 17 18 DATED: July 29, 2010 19 20 21 22 23 24 25 26 27 28 By: /s/ Sharyn M. Fisk CHARLES P. RETTIG Attorneys for Plaintiffs SANTA CLARA VALLEY HOUSING GROUP, INC and KRISTEN M. BOWES JOSEPH P. RUSSONIELLO United States Attorney THOMAS NEWMAN Assistant United States Attorney By: /s/ Adam Strait HENRY C. DARMSTADTER JAMES E. WEAVER STEVEN P. JOHNSON ADAM D. STRAIT Trial Attorneys, Tax Division U.S. Department of Justice Attorneys for the Defendant UNITED STATES OF AMERICA STIPULATED PROTECTIVE ORDER 8 5600232.2 5700591.1 5752291.1 DATED: July 29, 2010 HOCHMAN SALKIN RETTIG TOSCHER & PEREZ, P.C. 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 STIPULATED PROTECTIVE ORDER 9 5600232.2 5700591.1 5752291.1 DATED: July 29, 2010 GIBSON, DUNN & CRUTCHER LLP By: /s/ Melanie L. Katsur DANIEL W. NELSON MELANIE L. KATSUR Attorneys for Non-Party AMERICAN INTERNATIONAL GROUP, INC. PURSUANT TO THE STIPULATION, IT IS SO ORDERED. August 16 DATED:___________________, 2010 HOWARD R. LLOYD Hon. James Ware UniteDistrictsJudgeistrate Judge U.S. d State Mag 1 2 ACKNOWLEDGMENT The undersigned has been provided with a copy of the foregoing Protective Order 3 entered in the case captioned Santa Clara Valley Housing Group, Inc. and Kristen M. 4 Bowes v. United States of America, Case No. 5:08-cv-05097-JW; has had an opportunity 5 to review the Protective Order; and is fully familiar with all of the terms of the Protective 6 Order. By executing this Acknowledgment, the undersigned agrees to be bound by the 7 terms of the Protective Order. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 10 5600232.2 5700591.1 5752291.1 Print Name: Address: Date signed: 1 JOSEPH P. ROSSONIELLO United States Attorney 2 THOMAS M. NEWMAN Assistant United States Attorney 3 HENRY C. DARMSTADTER 4 JAMES E. WEAVER STEPHEN P. JOHNSON 5 ADAM D. STRAIT Trial Attorneys, Tax Division 6 U.S. Department of Justice P.O. Box 683, Ben Franklin Station 7 Washington, D.C. 20044-0683 Telephone: 202-307-6481 8 Fax: 202-307-0054 9 Attorneys for the United States of America 10 11 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SANTA CLARA VALLEY HOUSING GROUP, INC and KRISTEN M. BOWES, 14 15 16 17 18 19 20 21 22 23 v. UNITED STATES OF AMERICA, Defendant. Plaintiffs, Case No. 5:08-cv-05097-JW CERTIFICATE OF SERVICE OF STIPULATED PROTECTIVE ORDER REGARDING AMERICAN INTERNATIONAL GROUP, INC. Honorable Judge James Ware I, Adam D. Strait, pursuant to 28 U.S.C. 1746, declare as follows: 1. I filed the foregoing Stipulated Protective Order Regarding American C 24 International Group, Inc. with the Clerk of Court on July 29, 2010 25 26 27 28 M/ECF sytem. 2. On July 29, 2010 F system, I electronically served a copy of the foregoing Stipulated Protective Order on Charles P. 1 CERTIFICATE OF SERVICE 5752291.1 1 Rettig, Steven Toscher, Avram Salkin, Edward M. Robbins, Jr., and Sharyn M. Fisk, 2 counsel for the Plaintiffs. 3 4 5 3. On July 29, 2010, I sent a copy of the foregoing Stipulated Protective Order by first-class mail, postage prepaid, to the following: Charles P. Rettig 6 Steven Toscher Avram Salkin 7 Edward M. Robbins, Jr. Sharyn M. Fisk 8 Hochman Salkin Rettig Toscher & Perez, P.C. 9150 Wilshire Boulevard, Suite 300 9 Beverly Hills, California 90212 10 11 12 13 14 15 4. On July 29, 2010, I served a copy of the foregoing Stipulated Protective Order on Melanie Katsur, counsel for American International Group, Inc., by attaching to an email to MKatsur@gibsondunn.com a copy of the same .pdf file electronically filed with the Court. 5. On July 29, 2010, I sent a copy of the foregoing Stipulated Protective 16 Order by first-class mail, postage prepaid, to the following: 17 Daniel W. Nelson Melanie L. Katsur 18 Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, N.W. 19 Washington, DC 20036-5306 20 Under penalty of perjury, I declare the foregoing to be true and correct to the best 21 of my knowledge. 22 23 24 25 26 27 28 Date: July 29, 2010 /s/ Adam Strait Adam D. Strait Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: (202) 307-2135 Facsimile: (202) 307-0054 adam.d.strait@usdoj.gov 2 CERTIFICATE OF SERVICE 5752291.1

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