Gamble v. US Bank NA et al

Filing 24

PROTECTIVE ORDER. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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BETTY ANN GAMBLE,
NO: 13-CV-0263-TOR

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Plaintiff,
PROTECTIVE ORDER

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v.
U.S. BANK, N.A., et al.,

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Defendant.

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BEFORE THE COURT is the parties’ Stipulated Motion for Protective
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Order Regarding Confidential Material (ECF No. 23). Pursuant to the parties’
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stipulation, the Court hereby enters the following protective order:
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A party or a non-party disclosing or producing information, documents, or
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things in this matter (“Producing Party”) may designate such information,
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documents, or things as Confidential Material under the following terms and
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conditions:
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PROTECTIVE ORDER ~ 1

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1.

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For the purpose of this Order, “Confidential Material” is non-public

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information that the Producing Party reasonably believes is private, personal,

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confidential, proprietary, trade secret, and/or sensitive. This Order shall apply to

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Confidential Material in all answers, responses, documents, and testimony, as well

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as in all pleadings, discovery papers, briefs, summaries, notes, abstracts, or other

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documents which comprise, embody, summarize, discuss or quote from any such

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answers, responses, documents, or testimony, including memoranda or work

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product prepared by counsel, their staff, or authorized outside consultants or

Categories of Confidential Material

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experts.

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2.

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Any documents or information deemed by the Producing Party to be

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Confidential Material shall be marked or stamped by the Producing Party with the

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legend

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“CONFIDENTIAL” shall constitute a good faith representation by the Producing

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Party that it reasonably believes good cause exists to so designate the material

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pursuant to this Order.

Designation of Confidential Material

“CONFIDENTIAL.”

Stamping

or

marking

material

as

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3.

Depositions

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(a)

If Confidential Material is marked as a deposition exhibit, such

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exhibit shall retain its designated status as Confidential Material.

PROTECTIVE ORDER ~ 2

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(b)

With respect to deposition or other pre-trial testimony, designation of

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the testimony as Confidential Material may be made by (a) a statement on the

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record by counsel during the deposition or other pre-trial testimony that the

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testimony shall be treated as Confidential Material; or (b) by written notice, sent by

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counsel, within ten (10) business days after receiving a copy of the transcript of

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such testimony, that such testimony shall be treated as Confidential Material.

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4.

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Confidential Material shall not be disclosed, except by the prior written

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consent of the Producing Party or pursuant to further order of this Court, to any

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Restrictions on Disclosure of Confidential Material

person other than:
(a)

This Court (and any appeals court that may review this litigation) and

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its judges, officers, and supporting personnel (e.g., staff, clerks, and court

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reporters, etc.);

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(b)

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The parties to this litigation, and all agents, officers, or employees of

the parties;

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(c)

Outside counsel of record to any party to this litigation;

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(d)

In-house counsel to any party to this litigation;

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(e)

Court reporters in this litigation;

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(f)

Fact witnesses in this litigation, to the extent disclosure is reasonably

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necessary, in connection with their testimony or in preparation thereof;

PROTECTIVE ORDER ~ 3

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(g)

Outside experts, advisors, or consultants retained for purposes of

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assisting in this litigation, to the extent disclosure is reasonably necessary, in

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connection with their testimony or in preparation thereof, provided, however, that

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such person shall execute the Undertaking attached as Exhibit A hereto.

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(h)

The terms counsel, expert, advisor, and consultant as used herein

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include all staff, employees, and vendors assisting any such counsel, expert,

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advisor, or consultant in connection with this litigation.

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5.

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To the extent possible, all documents containing Confidential Material shall

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be redacted prior to filing with the Court or use as a trial or other exhibit to remove

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the Confidential Material.

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Confidential Material shall confer with the Producing Party to attempt to reach

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agreement on an appropriate redaction.

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Material will not be filed with the Court in any pre-trial filing unless the party

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seeking to file such information has a good faith belief that the filing of the

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Confidential Material is actually necessary.

Submission to Court

The party wishing to file a document containing

The parties agree that Confidential

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In the event that Confidential Material cannot be redacted from a document

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to be filed, the Confidential Material should be filed via ECF under seal as a

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proposed sealed document, accompanied by a publicly filed motion to seal

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identifying the Confidential Material as Confidential Material under this Order.

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The Producing Party will be responsible for taking all steps necessary for the filing

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of Confidential Material under seal. Notice of the intended filing of Confidential

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Material shall be given to the Producing Party as far in advance of filing as is

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reasonably practicable. The parties agree that the Producing Party who made the

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Confidential designation shall bear the ultimate burden to show that any

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Confidential Material is in fact Confidential Material, and likewise shall bear the

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ultimate burden to support any motion to seal under applicable law.

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The parties agree to use best efforts to raise any potential issues regarding

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Confidential Material to be presented at trial or in an evidentiary hearing as far in

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advance as reasonably possible.

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6.

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Any party may contest the designation of any document or information as

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Confidential Material. The parties shall confer in good faith to resolve any such

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disagreements. This Court shall determine any unresolved disputes.

Objection to Designation

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7.

Disclosure

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(a)

Inadvertent Disclosure. If, through inadvertence, the Producing Party

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produces Confidential Material during the course of this litigation without

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designating the material as set forth herein, the Producing Party may subsequently

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provide notice in writing of the confidential nature of the material and the

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PROTECTIVE ORDER ~ 5

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Confidential Material designation. All parties shall thereafter treat the disclosed

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material as Confidential Material in accordance with this Order.

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(b)

Required Disclosure.

In the event that any person in receipt of

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Confidential Material shall receive a written request, subpoena, or court order

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seeking disclosure of said Confidential Material, such person shall promptly notify

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counsel for the Producing Party of, and provide a copy of, the request, subpoena,

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or court order, sufficiently in advance of such disclosure to allow that party to

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object.

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(c)

Unauthorized Disclosure. If Confidential Material is disclosed to any

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person other than in the manner authorized by this Order, the person responsible

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for the disclosure shall immediately bring all pertinent facts relating to such

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disclosure to the attention of counsel for all parties and, without prejudice to other

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rights and remedies of any party, make every effort to correct the disclosure and to

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prevent further disclosure including further disclosure by the recipient of such

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material.

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8.

Limitation on Use and Survival

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(a)

Any Confidential Material made available during the course of this

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litigation shall be used solely for the purposes of this litigation and shall not be

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disclosed or used by the recipient(s) for any other purpose whatsoever. This

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PROTECTIVE ORDER ~ 6

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obligation shall not limit counsel from using his or her work product for any

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purpose.

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(b)

All obligations and duties arising under this Order shall survive the

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termination of this litigation. This Court retains jurisdiction over the parties hereto

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respecting any dispute regarding the improper use of information disclosed under

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protection of this Order.
Producing Party’s Use

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9.

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Nothing in this Order shall limit any party or person in the use of its own

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documents, things, and/or information for any purpose, from disclosing its own

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Confidential Material to any person, or from consenting to the disclosure of its

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own Confidential Material.

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10.

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This Order does not prohibit the use or disclosure of confidential material

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obtained from an independent source even if such material is designated as

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Confidential Material under this Order. Where such information is obtained from

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another source and is additionally contained in materials designated Confidential

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Material, the specific Confidential Material provided by the Producing Party shall

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continue to be treated as Confidential Material.

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disclosure set forth herein shall not apply to information that, prior to being

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obtained pursuant to this Order, either is in the possession or knowledge of a

Independent Source

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The restrictions on use and

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receiving party or is demonstrably public knowledge. The restrictions, uses, and

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disclosures set forth herein shall not apply to information that, after being obtained

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pursuant to this Order, becomes demonstrably public knowledge, other than by act

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or omission by the receiving party.

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11.

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At the conclusion of this litigation, all Confidential Material, and all copies

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of Confidential Material or any derived summaries, memoranda, or other records

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containing Confidential Material shall be destroyed, with the receiving party

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providing a certification of destruction, or returned to counsel for the Producing

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Party. Counsel for each party may retain an archival copy of any item identified as

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Confidential Material that is attached as an exhibit to any deposition or pleading,

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and may retain all documents, things, copies, or samples to the extent that they

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include or reflect such counsel’s work product. The obligations of confidentiality

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provided for herein attach to all such retained Confidential Material.

Return or Destruction

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12.

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This Order protects all parties to this litigation. In addition, any entity or

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individual which is not a party to this litigation may take advantage of the

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protection of Confidential Material provided by this Order, and such entity or

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individual shall be entitled to all rights and protections afforded under this Order.

Protection of Third Parties

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PROTECTIVE ORDER ~ 8

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IT IS SO ORDERED.
The District Court Executive is hereby directed to enter this Order and
furnish copies to counsel.
DATED November 21, 2013.

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THOMAS O. RICE
United States District Judge

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PROTECTIVE ORDER ~ 9

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EXHIBIT A

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UNDERTAKING

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I acknowledge that I am about to receive Confidential Material protected by

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the Stipulated Protective Order Regarding Confidential Material (the “Protective

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Order”) entered by the Court in Gamble v. U.S. Bank, N.A., et al., No. 13-CV-

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0263-TOR in the United States District Court for the Eastern District of

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Washington.

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I have read the Protective Order, and I understand that I am bound by the

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terms of the Protective Order with regard to all Confidential Material provided to

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me. I agree to comply with all of the terms of the Protective Order. Without

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limitation, I understand that all documents and information having any confidential

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designation, and all copies, summaries, notes and other records that may be made

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regarding such documents and information, shall not be disclosed to anyone other

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than persons expressly qualified under the Protective Order to have access to such

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information. I consent to personal jurisdiction of the United States District Court

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for the Eastern District of Washington in any proceedings that refer or relate to my

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obligations under this Undertaking.

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___________________ ______________________________________

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Date

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PROTECTIVE ORDER ~ 10

Signature