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California Earthquake Authority v. Information Metropolitan West Securities

July 1, 2011

CALIFORNIA EARTHQUAKE AUTHORITY,
PLAINTIFF,
v.
INFORMATION METROPOLITAN WEST SECURITIES, LLC; WACHOVIA BANK, N.A.; AND DOES 1 - 25,
DEFENDANTS.



The opinion of the court was delivered by: Honorable Frank C. Damrell, Jr.

STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL

Removal Date: February 4, 2010 Trial Date: May 22, 2012

All Parties that have appeared in this matter, by and through their respective undersigned

3 counsel, hereby stipulate and agree to the following Stipulated Protective Order: 4

1.PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure 7 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 8 the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective 9

Order. This Order provides the parties and the Court with an expedient means of providing for the protection of information entitled to confidential treatment under Rule 26(c) of the Federal Rules of Civil Procedure. The Order does not purport to expand the scope of that Rule, nor does it obviate a particularized good-cause ruling from the Court in the event that a party or non-party seeks access to materials designated for protection under the Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12(d), below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal.

2.DEFINITIONS

a.Challenging Party:

A Party or Non-Party that challenges the designation of information or items under this Order.

b."CONFIDENTIAL" Information and Items:

Information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Rule 26(c) of the Federal Rules of Civil Procedure.

c.Designating Party:

A Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

d.Disclosure or Discovery Material:

All items or information, regardless of the medium or matter in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are 6 produced or generated in disclosures or responses to discovery in this matter.

e.Non-Party:

Any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

f.Party/Parties:

Any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel of record (and their support staff).

g.Producing Party:

A Party or Non-Party that produces Disclosure or Discovery Material in this action.

h.Protected Material:

Any Disclosure or Discovery Material that is designated as "CONFIDENTIAL."

i.Receiving Party:

A Party that receives Disclosure or Discovery Material from a Producing Party.

3.SCOPE

The protections conferred by this Stipulated Protective Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their counsel that might reveal Protected Material. However, the protections conferred by this Stipulated Protective Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 2 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 3

Protected Material at trial shall be governed by a separate agreement or order.

4.DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 7 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 8 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 9 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for

5.DESIGNATING PROTECTED MATERIAL

a.Exercise of Restraint and Care in Designating Material for Protection:

Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify -- so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes to a Designating Party's attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the mistaken designation.

b.Manner and Timing of Designations:

Except as otherwise provided in this Order (see, e.g., second paragraph of Section 5(b)(i) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced.

Designation in conformity with this Order requires:

i. For information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the 5

Producing Party affix the legend "CONFIDENTIAL" to each page that contains protected material. 6

If only a portion or portions of the material on a page qualifies for protection, the Producing Party 7 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 8 margins). 9

A Party or Non-Party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed provisionally "CONFIDENTIAL" for the duration of the inspection. After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the legend "CONFIDENTIAL" to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).

ii. For testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony. Alternatively, a Designating Party may specify at the deposition that the entire transcript shall be treated as "CONFIDENTIAL."

Transcripts containing Protected Material shall have an obvious legend on the title page that the transcript contains Protected Material.

iii. For information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend "CONFIDENTIAL." If only a portion or portions of the information or item warrant protection, ...


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