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James Boyd v. Jpmorgan Chase Bank

March 7, 2012

JAMES BOYD,
PLAINTIFF,
v.
JPMORGAN CHASE BANK, A NEW YORK CORPORATION, AND DOES 1 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Jan M. Adler, U.S. District Court Southern District OF California

ORDER GRANTING JOINT MOTION AND ADOPTING IN PART STIPULATION FOR PROTECTIVE ORDER RE CONFIDENTIALITY OF THROUGH DOCUMENTS AND INFORMATION [DOC. NO. 30]

The parties' Joint Motion for Protective Order is GRANTED. [Doc. No. 30.] The stipulated proposed terms are adopted with the exception of paragraphs 1, 4.3, 5.1, 5.2, 10 and 11.1, which are adopted with modifications, as set forth herein. Based on the foregoing, the Court ORDERS:

1.PURPOSES AND LIMITATIONS

The parties have represented that [d]isclosure and discovery activity in this action will involve production of confidential, proprietary or private information for which special protection from public disclosure and from use for any purposes other than prosecuting or defending this litigation is warranted. Accordingly, the Parties hereby stipulate to the following have agreed upon and submitted to the Court a Stipulation Governing the Designation and Handling of Confidential Documents and Information, and request that the Court enter this Stipulation as an Order of the Court which the Court hereby approves with modifications to paragraphs 1, 4.3, 5.1, 5.2, 10 and 11.1 ("Stipulated Protective Order").

The Parties acknowledge that this Stipulated Protective Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the information or items that are entitled under applicable legal principles to treatment as confidential. The Parties further acknowledge, as set forth in Section 9 below, that this Stipulated Protective Order creates no entitlement to file confidential information under seal; the Local Rules set forth the procedures that must be followed and reflects the standards that will be applied when a party seeks permission from the Court to file materials under seal.

2.DEFINITIONS

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

2.2 Material: all items or information, regardless of the medium or manner generated, stored or maintained (including, among other things, testimony, transcripts or tangible things) that are produced or generated in connection with this case.

2.3 "Confidential Material": means Material that is designated as "Confidential -- Subject to Protective Order" in accordance with this Stipulation and Protective Order and protected from disclosure under the terms of this order. Confidential Material is material that a party reasonably and in good faith believes contains or discloses confidential, non-public, proprietary and/or sensitive information such as financial data, proprietary information, competitively sensitive nonpublic commercial and non-commercial information, information involving a legitimate privacy interest and other competitively sensitive information that is of a nonpublic nature that was created, received and/or maintained on a confidential basis, including but not limited to: (a) personal and financial information of Plaintiff or any other individual; (b) sensitive customer information such as mailing address, account numbers and account information; and (c) any other information the Producing Party can demonstrate is sufficiently sensitive that disclosure would reveal business, competitive, proprietary or financial information of the Producing Party.

2.4 Receiving Party: a Party that receives Material in connection with this case.

2.5 Producing Party: a Party or non-party that produces Material in connection with this case.

2.6 Designating Party: a Party or non-party that designates Material as "Confidential -- Subject to Protective Order" in connection with this case.

2.7 Privileged Material: material protected by any privilege, including but not limited to the attorney-client privilege, the attorney work product doctrine or any other applicable privilege.

2.8 In-House Counsel: attorneys who are employees of a Party. 2.9 Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as their support staffs).

2.10 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action who is not a past or current employee of a Party or of a Party's competitor and who, at the time of retention, is not anticipated to become an employee of a Party. This definition includes a professional jury or trial consultant retained in connection with this litigation.

2.11 Professional Vendors: persons or entities that provide litigation support services to the Parties (e.g., photocopy; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.

3.SCOPE AND DURATION

3.1 The protections conferred by this Order cover not only Confidential Material, but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries or compilations thereof, plus testimony, conversations or presentations by parties or counsel to or in court or in other settings that might reveal Confidential Material. At trial and in other public proceedings before the district court, the parties agree that the party/parties interested in maintaining the "Confidential -- Subject to Protective Order" designation need to seek leave to file Confidential Material under seal but recognize that the decision whether to seal any particular document lies with the district judge.

3.2 Even after termination 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 orders otherwise.

4.DESIGNATING CONFIDENTIAL MATERIAL

4.1 Manner and Timing of Designations: Except as otherwise provided in this Order (see, e.g., second paragraph of Section 4.1(a), below), or as otherwise stipulated or ordered, material that qualifies for protection under this Order shall ...


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