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Genesee County Employees' Retirement System, et al., On Behalf of v. Thornburg Mortgage

May 11, 2012

GENESEE COUNTY EMPLOYEES' RETIREMENT SYSTEM, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
THORNBURG MORTGAGE, INC., ET AL. DEFENDANTS.
WESTERN ASSET MANAGEMENT COMPANY, THIRD PARTY.



The opinion of the court was delivered by: Hon. Carla M. Woehrle United States Magistrate Judge

[Action Pending in United States District Court, District of New Mexico, Case No. 1:09-cv-00300-JB-KBM]

PROTECTIVE ORDER FOR RODUCTION OF CONFIDENTIAL MATERIAL BY THIRD PARTY WESTERN ASSET MANAGEMENT COMPANY PLEASE NOTE CHANGES MADE BY THE COURT

Upon consideration of the Stipulated Protective Order entered into between the parties and third party Western Asset, filed concurrently herewith, and for good cause shown, the Court GRANTS the Protective Order as follows:

1.PURPOSES AND LIMITATIONS

Subpoenas issued by the Central District of California served on third party Western Asset Management Company ("Western Asset") in connection with Genesee County Employees' Retirement System et al. v. Thornburg Mortgage, Inc. et al., pending in United States District Court, District of New Mexico, Case No. 1:09-cv-00300-JBKBM may call for production of, or testimony about, proprietary and other confidential research, development, or commercial information within the meaning of Fed. R. Civ. P. 26(c), or other private or competitively sensitive information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation is warranted. Accordingly, the parties and Western Asset hereby stipulate to and petition the Court to enter the following Stipulated Protective Order pursuant to Fed. R. Civ. P. 26(c). The following procedures shall govern the production and exchange of all WA Discovery Material (as defined in § 2.5 below) by and among the parties in the Action. Western Asset acknowledges that this Order does not confer blanket protections on all discovery.

2.DEFINITIONS

2.1 Court and Clerk of the Court refer to the United States District Court for the Central District of California.

2.2 Action refers to Genesee County Employees' Retirement System et al. v. Thornburg Mortgage, Inc., et al., pending in United States District Court, District of New Mexico, Case No. 1:09-cv-00300-JB-KBM.

2.3 Proceedings Under the Order refer to motions or other proceedings in this Court pursuant to the Order.

2.4 Party: any party to the Action.

2.5 WA Discovery Material: all items or information, regardless of the medium or manner generated, stored, or maintained, including, among other things, documents, testimony, interrogatory responses, transcripts, depositions and depositions exhibits, responses to requests to admit, recorded or graphic matter, electronically stored information, tangible things, and/or other information produced, given, exchanged by, or obtained from Western Asset in connection with discovery in this matter.

2.6 WA Confidential Material: Western Asset may, subject to the provisions of this Order, designate as "WA Confidential" any WA Discovery Material that Western Asset reasonably and in good faith believes constitutes and reveals confidential trade secrets, proprietary business information or confidential personal information that requires the protections provided in this Order.

2.7 WA Highly Confidential Material Western Asset may, subject to the provisions of this Order, designate any WA Discovery Material as "WA Highly Confidential," subject to the provisions of this Order, if Western Asset reasonably and in good faith believes those WA Discovery Materials constitute and reveal confidential trade secrets, non-public personal and customer information concerning individuals or other entities (including, but not limited to, social security numbers, home telephone numbers and addresses, tax returns, and medical, credit and banking information) or other sensitive confidential business or financial information, whose disclosure beyond that permitted by this Order reasonably could result in: (i) substantial competitive, commercial or personal harm to Western Asset or its clients or customers; (ii) the public disclosure of documents, information or materials that may subject Western Asset to adverse action by any regulatory authority to which it is subject; or (iii) a meaningful risk of immediate or imminent harm to a party in the above-referenced Action.

2.8 Producing Party: Western Asset.

2.9 Receiving Party: any Party or non-party that receives WA Discovery Material from Producing Party.

2.10 Designating Party: any Party or non-party that designates WA Discovery Material as "WA Confidential" or "WA Highly Confidential."

2.11 WA Protected Material: any WA Discovery Material that is designated as "WA Confidential" or "WA Highly Confidential."

2.12 Outside Counsel: attorneys, along with their paralegals and other support personnel assisting with this litigation, including but not limited to the regular and temporary employees and Professional Vendors of such outside counsel assisting in the conduct of the Action, who are not employees of a Party but who are retained to represent or advise a Party in this Action.

2.13 In-House Legal Personnel: attorneys, paralegals, and other personnel employed by a Party to perform legal functions who are responsible for overseeing this litigation for the Party, including but not limited to the regular and temporary employees and Professional Vendors of such in-house legal personnel assisting in the conduct of the Action.

2.14 Counsel (without qualifier): Outside Counsel and In-House Legal Personnel (as well as their support staffs, including but not limited to attorneys, paralegals, secretaries, and law clerks) as defined in §§ 2.9 and 2.10.

2.15 Expert and/or Consultant: a person with specialized knowledge or experience in a matter pertinent to the litigation, along with his or her employees, staff members, and support personnel, who has been retained by a Party or its Counsel to serve as an expert witness or as a consultant in this Action, and who is not currently an employee of a Party 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 Action.

2.16 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, or processing data in any form or medium; etc.) and their employees and subcontractors.

3.SCOPE

This Order shall not be construed to cause any Counsel to produce, return, and/or destroy their own attorney work product, or the work product of their co-counsel.

4.DURATION

The confidentiality obligations imposed by this Order shall remain in effect until the Designating Party agrees otherwise in writing or this Court orders otherwise. The termination of the Action shall not relieve any person to whom WA Protected Material has been provided or disclosed from the obligations of this Order, unless Western Asset agrees in writing. Any Party or Western Asset may seek leave to enforce the Order after the termination of the Action.

5.DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection: Western Asset must take care to limit designations to specific material that qualifies under the appropriate standards and avoid indiscriminate designations. The designation by Designating Party of any WA Discovery Material as "WA Confidential" or "WA Highly Confidential" shall constitute a representation that there is a good faith basis for such designation.

If it comes to Designating Party's attention that material that it designated for protection does not qualify for protection, or do not qualify for the level of protection initially asserted, Designating Party must promptly notify all Parties that it is withdrawing or changing the mistaken designation.

5.2 Manner and Timing of Designations: Except as otherwise provided in this Order (see, e.g.,§§5.2(b), 5.3, and 5.4), or as otherwise stipulated or ordered, 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:

(a) for information in documentary form (including transcripts of depositions taken in other proceedings), that the Producing Party affix the legend "WA CONFIDENTIAL" or "WA HIGHLY CONFIDENTIAL" on the first page ...


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