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Munoz v. PHH Corp.

July 22, 2010

EFRAIN MUNOZ, LEONA LOVETTE AND STEPHANIE MELANI, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS
v.
PHH CORP., PHH MORTGAGE CORP., PHH HOME LOANS, LLC, AND ATRIUM INSURANCE CORP., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck U.S. Magistrate Judge

STIPULATED ADDENDUM AND ORDER REGARDING PRODUCTION OF DOCUMENTS BY NON-PARTIES

The Court, with the consent of Plaintiffs and Defendants (collectively the "Parties") hereby orders as follows:

Pursuant to the Court's authority under Fed. R. Civ. P. 26(c) and with the consent of the Parties, the Court enters this Addendum to the Confidentiality Stipulation and Order (the "Order") entered by this Court on February 26, 2009 (Docket Entry 49) to expedite the flow of Discovery Materials from non-parties, facilitate the prompt resolution of disputes over confidentiality, adequately protect material that is produced by non-parties that is entitled to be kept confidential and ensure that protection is afforded only to material so entitled. It is anticipated that Discovery Materials produced in this litigation by non-parties will contain confidential financial or commercially sensitive information, and no public interest is served by the public disclosure of such information. While sharing of the materials will promote fairness and efficiency within the context of the instant lawsuit, entry of this Order (and its concomitant restriction on release of confidential materials to third parties not governed by its terms) works no articulable harm to the interests of public health and safety or the right of the public to access information concerning judicial proceedings. Cf. Pansy v. Borough of Stroudsburg, 23 F. 3d 772, 787-89 (3d Cir. 1994). Accordingly, it is hereby ORDERED:

1. During the 30-day period established by Paragraph 5 of the Order pursuant to which materials produced by non-parties are treated as if designated "Confidential" and thereafter, in addition to the protections provided by the Order for materials designated as "Confidential," the following protections shall apply to any material produced by a non-party that is designated by the producing party as "Highly Confidential" in accordance with the provisions herein:

A. Disclosure may be made only to the following:

i. Attorneys at the law firms signing below who are representing the Parties in this Litigation and who are identified by name on Exhibit A to this Addendum, including in-house lawyers actively involved in the Litigation ("Litigation Counsel"). Exhibit A may be updated by the Parties to reflect the addition of individuals working as Litigation Counsel;

ii. Essential business persons who are identified by name on Exhibit B to this Addendum, and who Litigation Counsel has specifically certified in writing have a need to see the material for the purpose of advising and assisting with the Litigation and who have signed an acknowledgement that they will be bound by the Order and this Addendum, will not disseminate or disclose the material, or information contained therein or derived therefrom, to anyone, including without limitation other employees of Defendants, will maintain the confidentiality of the material and will not use the information for any purpose other than the Litigation, and not for commercial or competitive purposes;

iii. The Court and its personnel, in connection with this proceeding;

iv. Court Reporters (as defined in the Order);

v. Any Named Plaintiff in this action who has signed an acknowledgement that he or she will be bound by the Order and this Addendum, will not disseminate or disclose the material, or information contained therein or derived therefrom, to anyone, will maintain the confidentiality of the material and will not use the information for any purpose other than the Litigation;

vi. Expert witnesses and consultants (as set forth in the Order) working with Litigation Counsel who are not working for or with one of the mortgage insurance companies, and who have signed an acknowledgement that he or she will be bound by the Order and this Addendum, will not disseminate or disclose the material, or information contained therein or derived therefrom, to anyone, will maintain the confidentiality of the material and will not use the information for any purpose other than the Litigation; and

vii. Any person or individual who may testify as a witness either at a deposition or court proceeding in this action who has signed an acknowledgement that he or she will be bound by the Order and this Addendum, will not disseminate or disclose the material, or information contained therein or derived therefrom, to anyone, will maintain the confidentiality of the material and will not use the information for any purpose other than the Litigation, provided however that such disclosure may only occur for the purpose of assisting the preparation or examination of the witness (this category hereinafter referred to as "Witness"), provided however that such disclosure shall only be made to a Witness:

(a) who is a current employee of the Producing Non-Party of the "Highly Confidential" Discovery Materials; or

(b) who is a former employee of the Producing Non-Party and who originally created or received the document in the ...


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