Johnson v. Santander Consumer USA Inc et al

Filing 21

PROTECTIVE ORDER signed by Judge Pamela Pepper on 5/7/2018 GRANTING 19 Unopposed MOTION for Protective Order. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

BRETT JOHNSON,
Plaintiff,
v.

Case No. 17-cv-1563-pp

SANTANDER CONSUMER USA INC.
and AMI ASSET MANAGEMENT, INC.,
Defendants.
PROTECTIVE ORDER

On April 26, 2018, the parties filed an unopposed motion for a
protective order, dkt. no. 19, together with a proposed protective order for the
court’s approval, dkt no. 19-1. The court finds that the exchange of sensitive
information between or among the parties and/or third parties other than in
accordance with this order may cause unnecessary damages and injury to the
parties or to others. The court finds that the terms of this order are fair and
that the parties have shown good case for the entry of a protective order
governing the confidentiality of documents produced in discovery, answers to
interrogatories, answers to requests for admission and deposition testimony.
The court GRANTS the unopposed motion for a protective order, and under
Federal Rule of Civil Procedure 26(c) and Civil Local Rule 26(e) (E.D. Wis.),
ORDERS that:
(A) DESIGNATION OF CONFIDENTIAL OR ATTORNEYS’ EYES ONLY
INFORMATION. Designation of information under this Order must be made
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by placing or affixing on the document or material, in a manner that will not
interfere with its legibility, the words “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY.”
(1)
One who produces information, documents, or other
material may designate them as “CONFIDENTIAL” when the
person in good faith believes they contain trade secrets or
nonpublic confidential technical, commercial, financial, personal,
or business information.
(2)
One who produces information, documents, or other
material may designate them as “ATTORNEYS’ EYES ONLY
when the person in good faith believes that they contain
particularly sensitive trade secrets or other nonpublic
confidential technical, commercial, financial, personal, or
business information that requires protection beyond that
afforded by a CONFIDENTIAL designation.
(3)
Except for information, documents, or other materials
produced for inspection at the party’s facilities, the designation of
confidential information as CONFIDENTIAL or ATTORNEYS’ EYES
ONLY must be made prior to, or contemporaneously with, their
production or disclosure. In the event that information,
documents or other materials are produced for inspection at the
party’s facilities, such information, documents, or other materials
may be produced for inspection before being marked confidential.
Once specific information, documents, or other materials have
been designated for copying, any information, documents, or
other materials containing confidential information will then be
marked confidential after copying but before delivery to the
party who inspected and designated them. There will be no
waiver of confidentiality by the inspection of confidential
information, documents, or other materials before they are copied
and marked confidential pursuant to this procedure.
(4)
Portions of depositions of a party’s present and former
officers, directors, employees, agents, experts, and representative
will be deemed confidential only if designated as such when the
deposition is taken or within 30 days of receipt of the deposition
transcript.
(5)
If a party inadvertently produces information,
documents, or other material containing CONFIDENTIAL or
ATTORNEYS’ EYES ONLY information without marking or
labeling it as such, the information, documents, or other material
shall not lose its protected status through such production and
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the parties shall take all steps reasonably required to assure its
continued confidentiality if the producing party provides written
notice to the receiving party within 10 days of the discovery of the
inadvertent production, identifying the information, document or
other material in question and of the corrected confidential
designation.
(B)
DISCLOSURE AND USE OF CONFIDENTIAL INFORMATION.
Information, documents, or other material designated as CONFIDENTIAL OR
ATTORNEYS’ EYES ONLY under this Order must not be used or disclosed by
the parties or counsel for the parties or any persons identified in
subparagraphs (B)(1) and (2) below for any purposes whatsoever other than
preparing for and conducting the litigation in which the information,
documents, or other material were disclosed (including appeals). The parties
must not disclose information, documents, or other material designated as
confidential to putative class members not named as plaintiffs in putative
class litigation unless and until one or more classes have been certified.
Nothing in this Order prohibits a receiving party that is a government
agency from following its routine uses and sharing such information,
documents or other material with other government agencies or selfregulatory organizations as allowed by law.
(1)
CONFIDENTIAL INFORMATION. The parties and counsel
for the parties must not disclose or permit the disclosure of any
information, documents or other material designated as
“CONFIDENTIAL” by any other party or third party under this
Order, except that disclosures may be made in the following
circumstances:
(a)
Disclosure may be made to employees of counsel
for the parties or, when the party is a government entity,
employees of the government, who have direct functional
responsibility for the preparation and trial of the lawsuit.
Any such employee to whom counsel for the parties makes
a disclosure must be advised of, and become subject to, the
provisions of this Order requiring that the information,
documents, or other material be held in confidence.
(b)
Disclosure may be made only to employees of a party
required in good faith to provide assistance in the conduct
of the litigation in which the information was disclosed who
are identified as such in writing to counsel for the other
parties in advance of the disclosure of the confidential
information, documents or other material.

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(c)
Disclosure may be made to court reporters engaged
for depositions and those persons, if any, specifically
engaged for the limited purpose of making copies of
documents or other material. Before disclosure to any such
court reporter or person engaged in making copies, such
reporter or person must agree to be bound by the terms of
this Order.
(d)
Disclosure may be made to consultants,
investigators, or experts (collectively “experts”) employed
by the parties or counsel for the parties to assist in the
preparation and trial of the lawsuit. Before disclosure to
any expert, the expert must be informed of and agree to
be subject to the provisions of this Order requiring that the
information, documents, or other material be held in
confidence.
(e)
Disclosure may be made to deposition and trial
witnesses in connection with their testimony in the lawsuit
and to the Court and the Court’s staff.
(f)
Disclosure may be made to persons already in lawful
and legitimate possession of such CONFIDENTIAL
information.
(2)
ATTORNEYS’ EYES ONLY INFORMATION. The parties and
counsel for the parties must not disclose or permit the disclosure
of any information, documents, or other material designated as
“ATTORNEYS’ EYES ONLY” by any other party or third party
under this Order to any other person or entity, except that
disclosures may be made in the following circumstances:
(a)
Disclosure may be made to counsel and employees of
counsel for the parties who have direct functional
responsibility for the preparation and trial of the lawsuit.
Any such employee to whom counsel for the parties
makes a disclosure must be advised of, and become
subject to, the provisions of this Order requiring that the
information, documents, or other material be held in
confidence.
(b)
Disclosure may be made to court reporters engaged
for depositions and those persons, if any, specifically
engaged for the limited purpose of making copies of
documents or other material. Before disclosure to any such
court reporter or person engaged in making copies, such
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reporter or person must agree to be bound by the terms of
this Order.
(c)
Disclosure may be made to consultants,
investigators, or experts (collectively “experts”) employed
by the parties or counsel for the parties to assist in the
preparation and trial of the lawsuit. Before disclosure to
any expert, the expert must be informed of and agree to
be subject to the provisions of this Order requiring that
the information, documents, or other material be held in
confidence.
(d)
Disclosure may be made to deposition and trial
witnesses in connection with their testimony in the lawsuit
and to the Court and the Court’s staff.
(e)
Disclosure may be made to persons already in lawful
and legitimate possession of such ATTORNEYS’ EYES ONLY
information.
(C) MAINTENANCE OF CONFIDENTIALITY. Except as provided in
subparagraph (B), counsel for the parties must keep all information,
documents, or other material designated as confidential that are received
under this Order secure within their exclusive possession and must place
such information, documents, or other material in a secure area.
(1)
All copies, duplicates, extracts, summaries, or descriptions
(hereinafter referred to collectively as “copies”) of information,
documents, or other material designated as confidential under
this Order, or any portion thereof, must be immediately affixed
with the words “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” if
not already containing that designation.
(2)
To the extent that any answers to interrogatories,
transcripts of depositions, responses to requests for admissions,
or any other papers filed or to be filed with the Court reveal or
tend to reveal information claimed to be confidential, these papers
or any portion thereof must be filed under seal by the filing party
with the Clerk of Court utilizing the procedures set forth in
General L. R. 79(d). If a Court filing contains information,
documents, or other materials that were designated
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” by a third
party, the party making the filing shall provide notice of the
filing to the third party.

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(D)
CHALLENGES TO CONFIDENTIALITY DESIGNATION. A party
may challenge the designation of confidentiality by motion. The movant must
accompany such a motion with the statement required by Civil L. R. 37. The
designating party bears the burden of proving that the information,
documents, or other material at issue are properly designated as confidential.
The Court may award the party prevailing on any such motion actual attorney
fees and costs attributable to the motion.
(E)
CONCLUSION OF LITIGATION. At the conclusion of the
litigation, a party may request that all information, documents, or other
material not filed with the Court or received into evidence and designated as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY under this Order must be
returned to the originating party or, if the parties so stipulate, destroyed,
unless otherwise provided by law. Notwithstanding the requirements of this
paragraph, a party may retain a complete set of all documents filed with the
Court, subject to all other restrictions of this Order.
Dated in Milwaukee, Wisconsin this 7th day of May, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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