The opinion of the court was delivered by: Patrick J. Walsh
(PROPOSED) PROTECTIVE ORDER
Pursuant to the stipulation between defendants DAVID A. KASHIFI, ROD HAMMERSLEY, PRESIDIO APPRAISAL SERVICES, INC., and plaintiff FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B., and FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for WASHINGTON MUTUAL BANK (collectively the "Parties"), and being fully advised by the Parties, and good cause appearing, the Court now enters the following Protective Order:
The following restrictions shall be observed as to such properly designated Confidential Information as may be produced in discovery by the Parties to this litigation:
1. "Confidential Document" means any document produced that bears the stamp or legend specified in Section II, Designation of Confidential Information, below, which signifies that the Designating Person contends that the document contains Confidential Information (as Confidential Information is defined in the next paragraph) entitled to confidentiality under established principles of law.
2. "Confidential Information" means a trade secret or other confidential commercial information, sensitive or proprietary business or financial information, personal information, or information furnished to the party producing the information in confidence by a third party. The following categories of documents, while not exclusive, are deemed to contain Confidential Information:
a. "Loan Origination Files" for the loans at issue in this litigation which include the borrower's private information, and other confidential or proprietary business records.
b. "Loan Servicing Files" for the loans at issue in this litigation which will include the borrower's private information.
c. "Foreclosure Files" for the loans at issue in this litigation which will include the borrower's private information.
d. "Repurchase Demand Files" for the loans at issue in this litigation which will include the borrower's private information, confidential business records, and other proprietary information.
e. "Personal Records" as defined by California Code of Civil Procedure §1985.3.
3. "Document" or "Documents" means all written, recorded, electronic or graphic material, whether produced or created by a party or another person, and whether produced pursuant to document request, subpoena, by agreement, or otherwise, and includes deposition transcripts and exhibits, where applicable.
4. "Designating Person" means the Party or Person who initially produces the Document and marks it as "Confidential-Subject to Protective Order" pursuant to this Protective Order.
5. "Party" or "Parties" means any person or entity that is named as a party to this litigation.
6. "Person" means any natural person, or any legal or business entity, profit or nonprofit organization, or any government agency.
7. "Discovery Material" means: (a) all documents produced in this action, (b) all deposition testimony taken in this action, exhibits thereto and any video or transcripts thereof, whether in written or computer format; and (c) responses to interrogatories, responses to requests for admission, and all other written discovery served or filed in this action and all contents of such discovery.
8. "Disclose" means to show, give, make available, reproduce, communicate or excerpt any Discovery Material, or ...