The opinion of the court was delivered by: Hon. Andrew J. Wistrich Magistrate Judge United States District Court Central District OF California
AND ALL RELATED CROSS-ACTIONS
ORDER GRANTING STIPULATION REGARDING CONFIDENTIALITY FOR PRESENTING PRIVATE FINANCIAL DOCUMENTS IN SUPPORT OF DEFENDANT'S SETTLEMENT OFFER Assigned to: the Hon. Dale S. Fischer Complaint Filed: April 3, 2009
The Amended Stipulation Regarding Confidentiality for Presenting Private Financial Documents in Support of Defendant's Settlement Offer is hereby granted subject to the following:
Defendant REED BENNETT ROBERTSON doing business as "NATURAL CAPITAL" (hereinafter "ROBERTSON") intends to provide Plaintiff with private financial documents to support presentation of a settlement offer to compromise Plaintiff's action as against this defendant. To ensure confidentiality of the private financial documents being presented in support of Defendant's offer, the parties hereto agree to stipulate to the confidentiality of the documents and to this Court's proposed Order as outlined below.
1. Defendant herein shall mark such documents, or a portion thereof, with the word "Confidential."
2. The designation of material as "Confidential" shall be made by placing or affixing on each page of the material, in a manner that will not interfere with the material's legibility, the word "Confidential." Documents or materials labeled "Confidential" shall hereinafter be referred to as "Confidential Documents."
3. Confidential Documents shall not be shown, disseminated, copied, or in any way communicated, orally, in writing, or otherwise, by the parties, their counsel, or any of their representatives, agents, expert witnesses, or consultants, to anyone other than Qualified Persons, as hereinafter defined. Nevertheless, this shall not restrict the use or dissemination of information or documents that are obtained in discovery or investigation merely because they have been produced herein for the purpose of settlement as Confidential Documents. Access to Confidential Documents shall be limited to those persons designated as "Qualified Persons" in Paragraph 4 below.
4. Confidential Documents may be disclosed only to the following persons (hereinafter referred to as "Qualified Persons"):
a. Counsel of record in this case, and any subsequent related cases, for the parties and employees, agents and investigators of such counsel;
b. Those individuals at Plaintiff FDIC, and its assignees and agents, who are authorized to act in connection with the present case against Defendant ROBERTSON;
c. Any consultants necessary to evaluate the financial information being provided to recommend to counsel and Plaintiff FDIC in consideration of the anticipated offer of Defendant ROBERTSON.
5. Before being given access to Confidential Documents, each Qualified Person shall be advised of the terms of this Stipulation and Proposed Order, shall be given a copy of this Order, and shall agree in writing, in the form attached hereto as Exhibit A, to be bound by the terms of this Stipulation and Proposed Order and to be subject to the jurisdiction of this Court for the purposes of any proceeding relating to the performance under, compliance with, or violation of this Order. Counsel for each party shall maintain a list of all Qualified Persons to whom they or their client have provided any Confidential Documents, and that list shall be available for inspection by the Court. In addition, each of the parties and their attorneys expressly stipulates to be subject to the personal jurisdiction of this Court for purposes of any proceeding brought by a party to this action to enforce this Order.
6. Except to the extent otherwise permitted by this Order, every Qualified Person provided copies of or access to Confidential Documents pursuant to this Order shall keep all such Confidential Documents, and any copies, notes, extracts, summaries, or descriptions of such Confidential Documents, within their exclusive possession and control, shall treat all such copies, notes, extracts, summaries, or descriptions of the Confidential Documents or any portion thereof as Confidential, shall take all necessary and prudent measures to maintain the confidentiality of all such Confidential Documents, and shall not disseminate such Confidential Documents.
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