Zamora Jordan v. Nationstar Mortgage, LLC

Filing 112

STIPULATED PROTECTIVE ORDER. Signed by Chief Judge Thomas O. Rice. (BF, Paralegal)

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John A. Knox, WSBA #12707
WILLIAMS, KASTNER & GIBBS PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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Clay M. Gatens, WSBA #34102
JEFFERS, DANIELSON, SONN &
AYLWARD, P.S.
2600 Chester Kimm Road
Wenatchee, WA 98807-1688
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff

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[Additional Counsel Appear On Signature
Page]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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LAURA ZAMORA JORDAN,

NO. 2:14-cv-00175 TOR

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Plaintiff,
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STIPULATED PROTECTIVE
ORDER

v.
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NATIONSTAR MORTGAGE, LLC,
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Defendant.
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STIPULATED PROTECTIVE ORDER - 1
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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

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proprietary, or private information for which special protection may be

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warranted. Accordingly, the parties hereby stipulate to and petition the court to

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enter the following Stipulated Protective Order. The parties acknowledge that this

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agreement is consistent with FRCP 26(c). It does not confer blanket protection on

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all disclosures or responses to discovery, the protection it affords from public

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disclosure and use extends only to the limited information or items that are

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entitled to confidential treatment under the applicable legal principles, and it does

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not presumptively entitle parties to file confidential information under seal.

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2.

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“CONFIDENTIAL” MATERIAL
“Confidential” material shall include the following documents and tangible

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things produced or otherwise exchanged: (1) Documents containing Nationstar

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Mortgage LLC’s (“Nationstar”) confidential policies and procedures for property

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preservation measures and services and other Nationstar confidential policies and

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procedures relevant to the issues in this action and (2) Class List and individual

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class member loan file documents containing personal and financial information

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of the class member.

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STIPULATED PROTECTIVE ORDER - 2
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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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3.

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SCOPE
The protections conferred by this agreement cover not only confidential

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material (as defined above), but also (1) any information copied or extracted from

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confidential material; (2) all copies, excerpts, summaries, or compilations of

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confidential material; and (3) any testimony, conversations, or presentations by

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parties or their counsel that might reveal confidential material. However, the

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protections conferred by this agreement do not cover information that is in the

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public domain or becomes part of the public domain through trial or otherwise.

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4.

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ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
4.1

Basic Principles. A receiving party may use confidential material

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that is disclosed or produced by another party or by a non-party in connection

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with this case only for prosecuting, defending, or attempting to settle this

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litigation. Confidential material may be disclosed only to the categories of

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persons and under the conditions described in this agreement. Confidential

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material must be stored and maintained by a receiving party at a location and in a

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secure manner that ensures that access is limited to the persons authorized under

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this agreement.

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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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4.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the designating party, a

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receiving party may disclose any confidential material only to:

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(a)

the receiving party’s counsel of record in this action, as well

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as employees of counsel to whom it is reasonably necessary to disclose the

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information for this litigation;

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(b)

the officers, directors, and employees (including in house

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counsel) of the receiving party to whom disclosure is reasonably necessary for

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this litigation, unless the parties agree that a particular document or material

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produced is for Attorney’s Eyes Only and is so designated;
(c)

experts and consultants to whom disclosure is reasonably

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necessary for this litigation and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(d)

the court, court personnel, and court reporters and their staff;

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(e)

copy or imaging services retained by counsel to assist in the

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duplication of confidential material, provided that counsel for the party retaining

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the copy or imaging service instructs the service not to disclose any confidential

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material to third parties and to immediately return all originals and copies of any

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confidential material;

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STIPULATED PROTECTIVE ORDER - 4
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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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(f)

during their depositions, witnesses in the action to whom

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disclosure is reasonably necessary and who have signed the “Acknowledgment

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and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the

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designating party or ordered by the court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal confidential material must be

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separately bound by the court reporter and may not be disclosed to anyone except

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as permitted under this agreement;

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(g)

the author or recipient of a document containing the

information or a custodian or other person who otherwise possessed or knew the
information.

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4.3

Filing Confidential Material. Before filing confidential material or

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discussing or referencing such material in court filings, the filing party shall

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confer with the designating party to determine whether the designating party will

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remove the confidential designation, whether the document can be redacted, or

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whether a motion for leave to seal or a stipulation and proposed order is

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warranted.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

Protection. Each party or non-party that designates information or items for

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STIPULATED PROTECTIVE ORDER - 5
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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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protection under this agreement must take care to limit any such designation to

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specific material that qualifies under the appropriate standards. The designating

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party must designate for protection only those parts of material, documents,

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items, or oral or written communications that qualify, so that other portions of the

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material, documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this agreement.

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Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been made for

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an improper purpose (e.g., to unnecessarily encumber or delay the case

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development process or to impose unnecessary expenses and burdens on other

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parties) expose the designating party to sanctions.

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If it comes to a designating party’s attention that information or items that

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it designated for protection do not qualify for protection, the designating party

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must promptly notify all other parties that it is withdrawing the mistaken

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designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided

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in this agreement (see, e.g., second paragraph of section 5.2(a) below), or as

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otherwise stipulated or ordered, disclosure or discovery material that qualifies for

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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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protection under this agreement must be clearly so designated before or when the

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material is disclosed or produced.

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(a)

Information in documentary form: (e.g., paper or electronic

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documents and deposition exhibits, but excluding transcripts of depositions or

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other pretrial or trial proceedings), the designating party must affix the word

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“CONFIDENTIAL” to each page that contains confidential material. If only a

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portion or portions of the material on a page qualifies for protection, the

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producing party also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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(b)

Testimony given in deposition or in other pretrial or trial

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proceedings: the parties must identify on the record, during the deposition,

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hearing, or other proceeding, all protected testimony, without prejudice to their

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right to so designate other testimony after reviewing the transcript. Any party or

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non-party may, within fifteen days after receiving a deposition transcript,

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designate portions of the transcript, or exhibits thereto, as confidential.

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(c)

Other tangible items: the producing party must affix in a

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prominent place on the exterior of the container or containers in which the

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information or item is stored the word “CONFIDENTIAL.” If only a portion or

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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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portions of the information or item warrant protection, the producing party, to the

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extent practicable, shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the designating party’s right to secure protection under this agreement for such

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material. Upon timely correction of a designation, the receiving party must make

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reasonable efforts to ensure that the material is treated in accordance with the

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provisions of this agreement.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any party or non-party may challenge a

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designation of confidentiality at any time. Unless a prompt challenge to a

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designating party’s confidentiality designation is necessary to avoid foreseeable,

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substantial unfairness, unnecessary economic burdens, or a significant disruption

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or delay of the litigation, a party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after

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the original designation is disclosed.

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6.2

Meet and Confer. The parties must make every attempt to resolve

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any dispute regarding confidential designations without court involvement. Any

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motion regarding confidential designations or for a protective order must include

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STIPULATED PROTECTIVE ORDER - 8
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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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a certification, in the motion or in a declaration or affidavit, that the movant has

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engaged in a good faith meet and confer conference with other affected parties in

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an effort to resolve the dispute without court action. The certification must list the

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date, manner, and participants to the conference. A good faith effort to confer

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requires a face-to-face meeting or a telephone conference.

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6.3

Judicial Intervention. If the parties cannot resolve a challenge

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without court intervention, the designating party may file and serve a motion to

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retain confidentiality. The burden of persuasion in any such motion shall be on

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the designating party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the challenging party to sanctions. All parties shall continue

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to maintain the material in question as confidential until the court rules on the

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challenge.

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7.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

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If a party is served with a subpoena or a court order issued in other
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litigation that compels disclosure of any information or items designated in this
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action as “CONFIDENTIAL,” that party must:
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(a)

promptly notify the designating party in writing and include a

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copy of the subpoena or court order;
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STIPULATED PROTECTIVE ORDER - 9
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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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(b)

promptly notify in writing the party who caused the subpoena

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or order to issue in the other litigation that some or all of the material covered by

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the subpoena or order is subject to this agreement. Such notification shall include

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a copy of this agreement; and

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(c)

cooperate with respect to all reasonable procedures sought to

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be pursued by the designating party whose confidential material may be affected.

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8.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a receiving party learns that, by inadvertence or otherwise, it has

disclosed confidential material to any person or in any circumstance not

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authorized under this agreement, the receiving party must immediately (a) notify

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in writing the designating party of the unauthorized disclosures, (b) use its best

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efforts to retrieve all unauthorized copies of the protected material, (c) inform the

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person or persons to whom unauthorized disclosures were made of all the terms

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of this agreement, and (d) request that such person or persons execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as

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Exhibit A.

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9.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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When a producing party gives notice to receiving parties that certain
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inadvertently produced material is subject to a claim of privilege or other
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STIPULATED PROTECTIVE ORDER - 10
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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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protection, the obligations of the receiving parties are those set forth in FRCP

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26(b)(5)(B). This provision is not intended to modify whatever procedure may be

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established in an e-discovery order or agreement that provides for production

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without prior privilege review. Parties shall confer on an appropriate non-waiver

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order under Fed. R. Evid. 502.

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10.

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NON TERMINATION AND RETURN OF DOCUMENTS
Within 60 days after the termination of this action, including all appeals,

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each receiving party must return all confidential material to the producing party,

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including all copies, extracts and summaries thereof. Alternatively, the parties

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may agree upon appropriate methods of destruction.
Notwithstanding this provision, counsel are entitled to retain one archival

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copy of all documents filed with the court, trial, deposition, and hearing

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transcripts, correspondence, deposition and trial exhibits, expert reports, attorney

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work product, and consultant and expert work product, even if such materials

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contain confidential material.

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The confidentiality obligations imposed by this agreement shall remain in

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effect until a designating party agrees otherwise in writing or a court orders

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otherwise.

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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated this 29th day of September, 2016.

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s/ Clay M. Gatens
Clay M. Gatens, WSBA #34102
Michelle A. Green, WSBA #40077
JEFFERS, DANIELSON, SONN &
AYLWARD, P.S.
2600 Chester Kimm Road
P.O. Box 1688
Wenatchee, WA 98807-1688
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail];
[e-mail]
Michael D. Daudt, WSBA #25690
Daudt Law PLLC
200 W. Thomas Street, Suite 420
Seattle, WA 98119
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Beth E. Terrell, WSBA# 26759
Blythe H. Chandler, WSBA #43387
Terrell Marshall Law Group PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
T: [phone]; F: [phone]
[e-mail];
[e-mail]

s/ John A. Knox
John A. Knox, WSBA #12707
WILLIAMS, KASTNER & GIBBS
PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jan T. Chilton (admitted pro hac vice)
Mary K. Sullivan (admitted pro hac
vice)
Andrew W. Noble, WSBA #50137
SEVERSON & WERSON, PC
A Professional Corporation
One Embarcadero Center, 26th Floor
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail];
[e-mail];
[e-mail]
Attorneys for Defendant Nationstar
Mortgage LLC

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Attorneys for Plaintiff Laura Zamora
Jordan

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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The District Court Executive is directed to enter this Order and to provide

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copies to counsel of record.
DATED October 14, 2016.

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THOMAS O. RICE
Chief United States District Judge

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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,
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_____________________ [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 Eastern District
of Washington on ______________ [date] in the case of Laura Zamora Jordan v.

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Nationstar Mortgage LLC, United States District Court for the Eastern District of
Washington Civil Action No. 2:14-cv-00175 TOR. 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

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punishment in the nature of contempt. I solemnly promise that I will not disclose

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in any manner any information or item that is subject to this Stipulated Protective

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Order to any person or entity except in strict compliance with the provisions of
this Order.

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I further agree to submit to the jurisdiction of the United States District

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Court for the Eastern District of Washington for the purpose of enforcing the

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terms of this Stipulated Protective Order, even if such enforcement proceedings
occur after termination of this action.

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Date: _______________________

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City and State where sworn and signed: _______________________

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Printed Name: _______________________
Signature: _______________________

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Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, Washington 98101-2380
[phone]