STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION
I.PURPOSES AND LIMITATIONS 22
Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special 24 protection from public disclosure and from use for any purpose other than 25 prosecuting this litigation may be warranted. These documents include but are not 26 limited to Loan Origination Files, Loan Servicing Records, Foreclosure Files, Escrow Files, and "personal records" of the consumer as defined by Cal. Code of 28 Civ. Pro. §1985.3.
Good cause exists to grant the parties' request for a Protective Order.
This action involves a dispute between plaintiff FEDERAL DEPOSIT 3 INSURANCE CORPORATION, as Receiver for INDYMAC BANK, F.S.B. 4 ("FDIC") and defendant MELANIE ANDERSON, individually and doing business 5 as COTTAGE CREEK APPRAISALS (collectively "ANDERSON") regarding an 6 Uniform Residential Appraisal Report (Appraisal) prepared by ANDERSON and 7 submitted to IndyMac Bank, F.S.B. with regard to a mortgage finance transaction. 8
As such, this litigation will involve the review and analysis of Loan Origination 9 Files, Loan Servicing Files, Foreclosure files, Repurchase Demand Files, Escrow 10 Files and other Personal Records of individuals who applied for and obtained 11 mortgage loans at issue. Good cause exists to grant the parties' request for a 12 Protective Order to (1) preserve the privacy interests of third party borrowers; (2) 13 protect the confidential business records and proprietary information of the parties; 14 and (3) allow the parties to exchange information in the most expeditious fashion 15 possible, with a minimum burden, expense, dispute, and delay. 16
Accordingly, the parties hereby stipulate to and petition the court to 17 enter the following Stipulated Protective Order. The parties acknowledge that this 18 Order does not confer blanket protections on all disclosures or responses to 19 discovery and that the protection it affords from public disclosure and use extends 20 only to the limited information or items that are entitled to confidential treatment 21 under the applicable legal principles. The parties further acknowledge, as set forth 22 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 23 file confidential information under seal; Civil Local Rule 141 sets forth the 24 procedures that must be followed and the standards that will be applied when a party 25 seeks permission from the court to file material under seal. 26
A Party or Non-Party that challenges the 3 designation of information or items under this Order. 4 2.2 "CONFIDENTIAL" Information or Items: Information 5 (regardless of how it is generated, stored or maintained) or tangible things that 6 qualify for protection under Federal Rule of Civil Procedure 26(c). 7 2.3 Counsel (without qualifier): Outside Counsel of Record and 8 House Counsel (as well as their support staff). 9
A Party or Non-Party that designates 10 information or items that it produces in disclosures or in responses to discovery as 11 "CONFIDENTIAL." 12
2.5 Disclosure or Discovery Material:
All items or information, 13 regardless of the medium or manner in which it is generated, stored, or maintained 14 (including, among other things, testimony, transcripts, and tangible things), that are 15 produced or generated in disclosures or responses to discovery in this matter. 16
A person with specialized knowledge or experience in a 17 matter pertinent to the litigation who has been retained by a Party or its counsel to 18 serve as an expert witness or as a consultant in this action. 19
Attorneys who are employees of a party to this 20 action. House Counsel does not include Outside Counsel of Record or any other 21 outside counsel. 22
Any natural person, partnership, corporation, 23 association, or other legal entity not named as a Party to this action. 24
2.9 Outside Counsel of Record:
Attorneys who are not employees of 25 a party to this action but are retained to represent or advise a party to this action and 26 have appeared in this action on behalf of that party or are affiliated with a law firm 27 which has appeared on behalf of that party. 28
Any party to this action, including all of its officers, 2 directors, employees, consultants, retained experts, and Outside Counsel of Record 3 (and their support staffs ). 4
A Party or Non-Party that produces Disclosure 5 or Discovery Material in this action. 6
2.12 Professional Vendors:
Persons or entities that provide litigation 7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 8 demonstrations, and organizing, storing, or retrieving data in any form or medium) 9 and their employees and subcontractors. 10
Any Disclosure or Discovery Material that is 11 designated as "CONFIDENTIAL." 12
A Party that receives Disclosure or Discovery 13 Material from a Producing Party. 14
The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or 17 extracted from Protected Material; (2) all copies, excerpts, summaries, or 18 compilations of Protected Material; and (3) any testimony, conversations, or 19 presentations by Parties or their Counsel that might reveal Protected Material. 20
However, the protections conferred by this Stipulation and Order do not cover the 21 following information: (a) any information that is in the public domain at the time of 22 disclosure to a Receiving Party or becomes part of the public domain after its 23 disclosure to a Receiving Party as a result of publication not involving a violation of 24 this Order, including becoming part of the public record through trial or otherwise; 25 and (b) any information known to the Receiving Party prior to the disclosure or 26 obtained by the Receiving Party after the disclosure from a source who obtained the 27 information lawfully and ...