Pacific Life Insurance Company et al v. The Bank of New York Mellon

Filing 134

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Katherine Polk Failla on 1/8/2020) (rjm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PACIFIC LIFE INSURANCE COMPANY and
PACIFIC LIFE & ANNUITY COMPANY,

Plaintiffs,

Case No. 17-cv-01388 (KPF)

v.
THE BANK OF NEW YORK MELLON,

Defendant.

PROTECTIVE ORDER
WHEREAS, counsel for Defendant The Bank of New York Mellon (“BNYM”) have
applied to the Comptroller of the Currency (“Comptroller”) pursuant to 12 C.F.R. part 4, Subpart
C, for permission to have made available, in connection with the captioned action, certain records;
and
WHEREAS, such records are deemed by the Comptroller to be confidential and privileged,
pursuant to 12 U.S.C. 481, 1463(a)(1), 1464(a)(1) and 1464(d)(1)(B)(i); 5 U.S.C. 552(b)(8); 18
U.S.C. 641, 1906; and 12 C.F.R. 4.12, and part 4, Subpart C;
WHEREAS, following consideration by the Comptroller of the application of the above
described party, the Comptroller has determined that the particular circumstances of the captioned
action warrant making certain possibly relevant records available to the parties in this action,
provided that appropriate protection of their confidentiality can be secured; and
WHEREAS, Plaintiffs have challenged the inclusion of the records as denoted in appendix
A on BNYM’s privilege log and take no position on the confidentiality of such records;

NOW, THEREFORE, it is Ordered That:
1.

The records, as denoted in appendix “A” to the Stipulation for this Protective Order,

upon being released for use by the Comptroller, shall be disclosed only to the parties to this action,
their counsel, and the Court and the jury.
2.

The parties to this action and their counsel shall keep such records and any

information contained in such records confidential and shall in no way divulge the same to any
person or entity, except to such experts, consultants and non-party witnesses to whom the records
and their contents shall be disclosed, solely for the purpose of properly preparing for and trying
the action.
3.

No person to whom information and records covered by this Order are disclosed

shall make any copies or otherwise use such information or records or their contents for any
purpose whatsoever, except in connection with this action.
4.

Any party or other person who wishes to use the information or records or their

contents in any other action shall make a separate application to the Comptroller pursuant to 12
C.F.R. part 4, Subpart C.
5.

Should any records covered by this Order be filed with the Court or utilized as

exhibits at depositions in the captioned action, or should information or records or their contents
covered by this Order be disclosed in the transcripts of depositions or the trial in the captioned
action, such records, exhibits and transcripts shall be filed in sealed envelopes or other sealed
containers marked with the title of this action, identifying each document and article therein and
bearing a statement substantially in the following form:
CONFIDENTIAL
Pursuant to the Order of the Court dated January 8, 2020,
this envelope containing the above-identified papers filed by

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(the name of the party) is not to be opened nor the contents
thereof displayed or revealed except to the parties to this action
or their counsel or by further Order of the Court.
6.

FOR JURY TRIAL: Any party offering any of the records into evidence shall offer

only those pages, or portions thereof, that are relevant and material to the issues to be decided in
the action and shall block out any portion of any page that contains information not relevant or
material. Furthermore, the name of any person or entity contained on any page of the records who
is not a party to this action, or whose name is not otherwise relevant or material to the action, shall
be blocked out prior to the admission of such page into evidence. Any disagreement regarding
what portion of any page that should be blocked out in this manner shall be resolved by the Court
in camera, and the Court shall decide its admissibility into evidence.
7.

At the conclusion of this action, all parties shall certify to the Comptroller that the

records covered by this Order have been destroyed. Furthermore, counsel for BNYM, pursuant to
12 C.F.R. 4.39(c), shall retrieve any records covered by this Order that may have been filed with
the Court.

SO ORDERED:

______________________
Hon. Katherine Polk Failla
United States District Judge
Dated: January 8, 2020
New York, New York

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