Clark v. Saxon Mortgage Company et al

Filing 52

PROTECTIVE ORDER: IT IS ORDERED that the Parties shall produce certain Confidential Information pursuant to the terms of this Protective Order, as stated herein. Signed by Magistrate Judge Stephen C. Riedlinger on 10/19/2011. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

HENRY J. CLARK,

§
§
Plaintiff,
§
§
v.
§
§
SAXON MORTGAGE COMPANY,
EXPERIAN INFORMATION SOLUTIONS, §
§
INC., TRANS UNION LLC, AND
§
EQUIFAX INFORMATION SERVICES,
§
LLC,
§
Defendants.
§

CIVIL ACTION
NO. 11-65-JJB-SCR

PROTECTIVE ORDER
This Protective Order is issued pursuant to the Ruling on Motion to Quash Subpoena issued
October 18, 2011.
Henry J. Clark has filed this lawsuit (the “Litigation”) against Defendants Saxon
Mortgage Company, Experian Information Solutions, Inc., Trans Union LLC, and Equifax
Information Services, LLC (“Defendants”), alleging that Defendants are liable to Plaintiff for
damages resulting from alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et
seq. and certain Louisiana statutes. In connection with the Litigation, Defendant Trans Union
has sought discovery or testimony regarding the personal identifying information of Plaintiff
(herein after collectively referred to as the “Confidential Information”).
Therefore, as a means of avoiding continued dispute with respect to any Parties’ requests
for the Confidential Information;
IT IS ORDERED that the Parties shall produce certain Confidential Information pursuant
to the terms of this Protective Order, as folows.

All Confidential Information shall only be utilized by the Parties in connection with the
Litigation and in accordance with the terms and conditions of this Order.
The Parties shall have the right to designate as Confidential Information any part or the
whole of any answers to discovery, answers to interrogatories, answers to requests for admission,
deposition transcripts, responses to production requests, responses to third party subpoenas,
documents, expert reports, disclosures, exhibits, trial or deposition testimony or other
information that the Parties deem to be confidential. Any document, discovery, testimony, or
other information that the Parties have designated as Confidential Information shall constitute
Confidential Information, both in form and substance.
The Confidential Information provided by any of the Parties shall be used strictly in
accordance with the terms in this Protective Order. At no time shall the Confidential Information
be disclosed to or used by any person, corporation, or entity in competition with or against any of
the Parties.
The Parties may designate any document, discovery, or other information as Confidential
Information by an appropriate marking that prominently displays the words “Confidential” or
“Confidential Information.” Deposition or trial testimony can be designated by the Parties as
Confidential Information. Such designation will be made on the record if possible, but the
Parties can designate portions of such testimony as Confidential Information by providing
written notice of such designation to the opposing Parties within thirty (30) days of receipt of the
transcribed testimony by counsel.

Until thirty (30) days after receipt of the transcribed

testimony, such testimony shall be treated by the Parties as Confidential Information.

The Parties, their attorneys, or any one else acting on their behalf shall take such
precautions with the Confidential Information as are necessary to strictly maintain its
confidentiality and comply with the terms of this Protective Order.
Unless otherwise ordered by the Court, or agreed to in writing by the Parties, information
designated by any of the Parties as Confidential Information shall not be revealed to any person
or entity except: (a) Plaintiff and Defendants; (b) Plaintiff’s and Defendants’ attorneys; (c)
experts or consultants retained by Plaintiff, Plaintiff’s attorneys, Defendants, and Defendants’
attorneys in preparation for and/or the trial of this action. Before any Confidential Information is
disclosed to an expert or consultant, the expert or consultant must first be provided with a copy
of this Protective Order and sign a statement in the form attached hereto as Exhibit A agreeing
to be bound by the terms of this Protective Order.
In the event the Parties intend to file Confidential Information with the Court, they shall
attach it as an exhibit to a related pleading, motion, memorandum or other paper and file it
under seal pursuant to the requirements of Court for filing documents under seal.
In the event a Party disagrees with the designation of Confidential Information, the
Parties shall first try to resolve the disagreement in good faith on an informal basis, such as the
production of redacted copies. In the event such a dispute cannot be resolved by agreement, a
Party may move the Court for modification of this Protective Order. The Confidential
Information designation shall be maintained pending disposition of such a motion.
This Protective Order shall govern pretrial proceedings only, and nothing set forth herein
prohibits the use at trial of any Confidential Information or affects the admissibility of any
evidence. The procedures to govern the use and disclosure of Confidential Information and the

redaction of any “Confidential” or “Confidential Information” designation may be the subject of
further agreement of the Parties or order of the Court.
Nothing herein shall be construed as limiting a Party’s use of its own Confidential
Information and such use shall not constitute a waiver of the terms of this Order or the status of
such information as Confidential Information. Any of the Parties can remove their designation
of Confidential Information from any information it has previously so designated.
The Parties cannot use or disclose any Confidential Information in any pretrial court
proceeding that is open to persons not authorized to have access to such Confidential Information
under the terms of this Protective Order. This provision does not limit the right of any of the
Parties to submit any Confidential Information to the Court under seal as described above.
Within sixty (60) days after the final resolution of the Litigation, including any appellate
proceeding, the Parties agree to return to opposing counsel the original and any copies of any
Confidential Information produced. Any Confidential Information filed in the record as an
exhibit under seal will be disposed of after the conclusion of the case as provided by Local
Rule 79.3
Baton Rouge, Louisiana, October 19, 2011.

s

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

EXHIBIT A
The undersigned has read and understands the terms of the Protective Order effective in
this case, Henry J. Clark v. Saxon Mortgage Company, et al, Civil Action No. 3:11-cv-00065JJB-SCR, which is currently pending in the United States District Court for the Middle District
of Louisiana, Baton Rouge Division. The undersigned agrees (i) to abide by the terms of the
Protective Order; (ii) not to use or divulge, under penalty of law, any documents, materials or
other information covered by the Protective Order, including Confidential Information, except as
permitted by the terms of the Protective Order; and (iii) to submit to the jurisdiction of the
United States District Court for the Middle District of Louisiana, Baton Rouge Division for
resolution of any issues arising under the Protective Order.

Dated: _____________________

Signed: ______________________________
Printed: ______________________________