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Jerome White, et al. v. Bank of America Corporation; et al

October 24, 2011

JEROME WHITE, ET AL. PLAINTIFFS,
v.
BANK OF AMERICA CORPORATION; ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Manuel L. Real

PROTECTIVE ORDER

[Filed Concurrently with Stipulation Regarding [Proposed] Protective Order]

Pursuant to the stipulation of the parties, IT IS ORDERED THAT:

1. Definitions of Confidential Information and Restricted Information. As used herein, "Confidential Information" or "Restricted Information" shall mean information which constitutes, reflects or discloses confidential, competitively sensitive, proprietary and/or trade secret information of the Designating Person, or information that is protected from disclosure by the privacy rights of customers or other third parties, which the Designating Person wishes to maintain in confidence. Any party to the above-captioned action shall have standing to designate as Confidential Information or Restricted Information any information that was created by or communicated to or from an employee, or agent, of that party. "Designating Person" means the party, or third person or entity, who designates documents, testimony or information as Confidential Information or Restricted Information under this Order.

2. Use of Confidential Information or Restricted Information. All documents or information produced or to be produced by any party in connection with this litigation which have been designated by the producing party as Confidential Information or Restricted Information shall be used only for the purpose of this litigation, including trial preparation and trial.

3. Disclosure of Confidential Information. Except as otherwise provided by stipulation of counsel, which stipulation must include counsel for the designating party, or order of the Court upon a showing of good cause, no document containing Confidential Information, including information contained therein, shall be furnished, shown, or disclosed to any person except: (1) counsel for the parties to this action and paralegals and other professional personnel employed by said counsel assisting those attorneys in the preparation and trial of this action; (2) retained experts and consultants who are assisting said counsel in preparation and/or trial; (3) the parties or representatives of the parties having responsibility for the prosecution or defense of the case; and (4) the Court and jury, as necessary for purposes of trial and/or motions, and/or any appeal. However, such Confidential Information may be disclosed to a witness at deposition or trial for the purpose of examining the witness if necessary. Except for purposes of impeachment of a party hereto, prior to disclosing the Confidential Information to the witness, counsel for the examining party shall, if appropriate, advise counsel for the designating party that he or she intends to use Confidential Information with the witness. In addition, the witness shall be required to sign the form specified in paragraph 5 of this Order prior to disclosure of the Confidential Information.

4. Disclosure of Restricted Information. Except as otherwise provided by stipulation of counsel, which stipulation must include counsel for the designating party, or order of the Court upon a showing of good cause, material designated as "Restricted Information," copies or extracts therefrom and information therein, may be given, shown, made available to, or communicated in any way only to: (1) counsel for the parties to this action and paralegals and other professional personnel employed by said counsel assisting those attorneys in the preparation and trial of this action; (2) retained experts and consultants who are assisting said counsel in preparation and/or trial and to whom it is necessary to disclose such information for purposes of this litigation; (3) the Court and jury, as necessary for purposes of trial and/or motions, and/or any appeal; and

(4) the author or a prior recipient of the document containing the Restricted Information. Material designated as "Restricted Information" shall not be furnished, shown or disclosed to the parties or their representatives.

5. Acknowledgment (Exhibit A). Each person to whom Confidential Information or Restricted Information is disclosed by counsel shall be provided with a copy of this Order. Prior to being given access to these materials, each such person shall acknowledge in writing his or her agreement to be bound by the terms of this Order by executing the form specified in Attachment A hereto.

6. Any attorney who discloses Confidential Information or Restricted Information shall maintain in his or her office an executed acknowledgment in the form of Attachment A from each person to whom such Confidential Information or Restricted Information has been disclosed.

7. Designating Confidential Information or Restricted Information. In connection with the production of documents in this action, any Designating Person may stamp, mark or otherwise designate any document comprising, containing or referring to Confidential Information produced or to be produced by it in connection with this litigation as "Confidential -- Subject to Protective Order." Similarly, Restricted Information shall be stamped, marked or otherwise designated as "Restricted -- Attorney's Eyes Only -- Subject to Protective Order."

8. Depositions. In connection with the taking of any deposition in this action:

a. The party who noticed or requested the deposition shall, prior to the commencement of testimony at such deposition, serve a copy of this Order upon the officer reporting the deposition. Such officer shall acknowledge service of a copy of this Order, and shall agree that he/she, his/her employees, and his/her agents shall be bound by the terms of this Order, and shall make no use or disclosure of Confidential Information or Restricted Information unless expressly permitted by the terms of this Order, or by the express consent of all parties and any Designating Person who are or may become subject to the provisions of this Order. Such officer shall provide copies of the deposition transcript or deposition exhibits only to attorneys for the parties and, if the deposition is of a third person or entity, to that deponent or his/her attorney. Depositions at which Confidential Information or Restricted Information is to be disclosed shall be attended only by persons authorized hereunder to have access to such information.

b. Counsel for any party hereto may, either during any such deposition or within thirty days of receipt of the transcript, designate the deposition transcript along with the deposition exhibits, or any portion thereof, as Confidential Information or Restricted Information. If the deposition is of a third person or entity not joined herein, that ...


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