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Marc Mata and Sherry Marshall, Individually and On Behalf of All v. Citimortgage

June 14, 2012

MARC MATA AND SHERRY MARSHALL, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
CITIMORTGAGE, INC., A NEW YORK CORPORATION; BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD ON PLAINTIFFS' TITLE THERETO; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: United State aul L. Abra Magistra ams

STIPULATED PROTECTIVE ORDER Judge: Hon. Dale S. Fischer Magistrate Judge: Hon. Paul L. Abrams [PROPOSED] STIPULATED PROTECTIVE ORDER; CASE NO. 11-CV-9167 (DSF) (PLAX)

Plaintiffs Marc Mata and Sherry Marshall, on behalf of themselves and all others similarly situated ("Plaintiffs"), Defendant CitiMortgage, Inc. ("Citi"), and Defendant Bank of America, N.A. ("BofA") (in the singular, "Party"; collectively, the "Parties") seek this Court's approval and entry of this Stipulated Protective Order (the "Protective Order") pursuant to Federal Rule of Civil Procedure 26(c).

GOOD CAUSE STATEMENT: The prosecution and defense of these actions may require the discovery or disclosure of documents, information or other material claimed by one or more of the Parties or third parties to be non-public personal financial or other confidential information, or involve trade secrets and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonably necessary uses of such materials in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is useful and justified in this matter. It is the intent of the parties and the Court that information will not be designated as confidential for tactical reasons in this case and that nothing be so designated without a good faith belief that there is good cause why it should not be part of the public record of this case. Further, the scope and effect of this Protective Order is governed by the Local Rules and this Court's Standing Order and procedures, and thus does not govern court proceedings in the trial in this action. This Protective Order is thus entered into for good cause shown.

TERMS OF PROTECTIVE ORDER

This Protective Order is intended to protect from disclosure documents and information the parties deem to be confidential in accordance with applicable law and rules. Documents and information so designated may only be disclosed or used as further provided herein. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is hereby stipulated by and among the Parties to this action, through their respective counsel and subject to the approval of this Court, as follows:

1. In connection with pretrial discovery proceedings in this action, a Party providing or producing information in any form ("Producing Party") to another Party ("Receiving Party"), including documents and/or all materials within the scope of Fed. R. Civ. P. 34, electronically stored information ("ESI"), tangible things, written discovery responses, answers to requests to admit, and testimony, may designate such items as "CONFIDENTIAL" based on a good faith belief that such items are confidential under this Order and are not otherwise in the public domain.

2. The designation "CONFIDENTIAL" shall be limited to information that the Producing Party reasonably believes contains:

(a) Trade secret or other confidential research, development, or commercial information including, but not limited to, confidential policies regarding loan modification requests and the use of proprietary computer systems, all subject to confidential treatment under Fed. R. Civ. P. 26; and/or

(b) Personal information of a private or sensitive matter including, but not limited to, loan applications, nonpublic financial information regarding Plaintiffs or other borrowers. These documents include, but are not limited to, documents or data containing personally identifiable financial information such as social security numbers, account numbers or loan numbers, and private information that, if disclosed likely would cause substantial harm to a person, such as bank account statements and income tax returns, all subject to confidential treatment under Fed. R. Civ. P. 26.

3. All "CONFIDENTIAL" documents and/or all materials within the scope of Fed. R. Civ. P. 34, ESI, tangible things, written discovery responses, answers to requests to admit, and testimony, along with items or portions thereof that are so designated and the information contained in the documents and other materials:

(a) shall be disclosed, whether oral, written or otherwise, only to the extent permitted by this Protective Order;

(b) shall be used solely for the purpose of the preparation and trial of this action;

(c) shall not be used, directly or indirectly, by any Party for any business, commercial, or competitive purpose, and

(d) no person receiving such information shall, directly or indirectly, use, transfer, disclose, or communicate in any way the information to any person other than those specified in Paragraph 11. Any other use is prohibited.

4. All copies, excerpts, summaries, compilations, testimony, conversations, presentations, documents, or records that include, communicate, or reveal material designated "CONFIDENTIAL" are themselves deemed to constitute confidential matters of the same type whether or not marked or designated as such.

5. Stamping the legends "CONFIDENTIAL" on the cover of any multi-page document or ESI shall designate all parts of the document or ESI as such unless otherwise stated by the Producing Party. The inadvertent failure to designate Confidential Information as "CONFIDENTIAL" in accordance with this Protective Order prior to or at the time of disclosure shall not operate as a waiver of the Producing Party's right to thereafter designate such information as confidential prior to trial. If documents or ESI are produced preliminarily for the purpose of inspection and designation for copying and have not been marked "PRIVILEGED" or "CONFIDENTIAL" before inspection by the Receiving Party, such inspection shall be made only by counsel of record for the Receiving Party and the associates, paralegals, and secretaries of said counsel who are actively engaged in assisting such counsel in this action.

6. Any confidential information not reduced to documentary, ESI, tangible or physical form, or which otherwise cannot conveniently be designated in the manner set forth in Paragraph 1 above, shall be designated as "CONFIDENTIAL" by the Producing Party by informing the Receiving Party in writing that the information is confidential and of the class of designation.

7. The Court has the ultimate authority to determine whether information or material should be designated as "CONFIDENTIAL" notwithstanding a Party's decision to so designate the information or material.

8. Neither the designation by a Party of any document, information, or deposition testimony as "CONFIDENTIAL" hereunder, nor its receipt by the other Party, shall constitute a concession that the document, information, or deposition testimony is CONFIDENTIAL.

9. In the event that any Party objects to the designation of any document or information as "CONFIDENTIAL" the objecting Party shall provide written notice of the objection to the Producing Party, specifying the materials that are the subject of the objection. The Producing Party will have 7 business days to respond in writing. The Parties shall confer in good faith in an effort to resolve the objection within ten days of the Producing Party's written response pursuant to the procedure set forth in Local Rule 37-1. If the dispute cannot be resolved, the Parties shall follow the procedures set forth in Local Rule 37-2 for preparing the Joint Stipulation. With respect to timing of those procedures and without modifying Local Rule 37-2, the Producing Party shall personally deliver, e-mail or fax its portion of the stipulation to counsel for the Receiving Party within seven days of the conclusion of the meet and confer. The Receiving Party then has seven days from receipt to personally deliver, e-mail or fax its portion of the stipulation to the Producing Party. The Producing Party shall then serve the complete joint stipulation to the Receiving Party for signature no later than the end of the next business day after receipt of the Receiving Party's portion. The Receiving Party has one business day to sign the joint stipulation, and the Producing Party must file the executed joint stipulation within two business days after receipt. The Producing Party shall have the burden of proof on any such motion to establish the propriety of its confidentiality designation. Any documents in dispute shall be treated as originally designated ...


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