The opinion of the court was delivered by: Magistrate Judge John E. McDermott
STIPULATED PROTECTIVE ORDER [Discovery Document: Referred to Magistrate Judge John E. McDermott]
THIS IS A JOINT STIPULATION AND REQUEST BY THE PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
IT IS HEREBY STIPULATED AND AGREED by the undersigned parties to this action that a Protective Order be entered, subject to the approval of the Court in this case as follows:
I.PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal.
1. "Confidential Document" means any document produced that bears the stamp or legend specified in Section II, Designation of Confidential Information, below.
2. "Confidential Information" means a trade secret or other confidential commercial information, sensitive or proprietary business or financial information, personal information, or information furnished to the party producing the information in confidence by a third party. The following categories of documents, while not exclusive, are deemed to contain Confidential Information:
a. "Loan Origination Files" for the loans at issue in this litigation which include the borrower's private information, and other confidential or proprietary business records.
b. "Loan Servicing Files" for the loans at issue in this litigation which will include the borrower's private information.
c. "Foreclosure Files" for the loans at issue in this litigation which will include the borrower's private information.
d. "Repurchase Demand Files" for the loans at issue in this litigation which will include the borrower's private information, confidential business records, and other proprietary information.
e. "Personal Records" as defined by California Code of Civil Procedure §1985.3.
3. "Document" or "Documents" means all written, recorded, electronic or graphic material, whether produced or created by a party or another person, and whether produced pursuant to document request, subpoena, by agreement, or otherwise, and includes deposition transcripts and exhibits, where applicable.
4. "Designating Person" means the Party or Person who initially produces the Document and marks it as "Confidential-Subject to Protective Order."
5. "Party" or "Parties" means any person or entity that is named as a party to this litigation.
6. "Person" means any natural person, or any legal or business entity, profit or nonprofit organization, or any government agency.
7. "Discovery Material" means: all documents produced in this action and all deposition testimony taken in this action, exhibits thereto and any video or transcripts thereof.
8. "Disclose" means to show, give, make available, reproduce, communicate or excerpt any Discovery Material, or any part or contents thereof.
This action involves a dispute between plaintiff Federal Deposit Insurance Corporation, as Receiver for IndyMac Bank, F.S.B.; and defendants Commerce Land And Title, Inc., d/b/a Commerce Title Company; Ali Reza Shekarchian; Mohammed Reza Shekarchian; and does 1 through 10, and relates to actions taking in connection with the funding and acquisition of a mortgage loan. As such, this litigation will involve the review and analysis of Loan Origination Files, Loan Servicing Files, Foreclosure files, Repurchase Demand Files and other Personal Records of individuals who applied for and obtained mortgage loans at issue. Good cause exists to grant the Parties' request for a Protective Order to (1) preserve the privacy interests of third party borrowers; (2) protect the confidential business records and proprietary information of the plaintiff and defendant; and (3) allow the Parties to exchange information in the most expeditious fashion possible, with a minimum burden, expense, dispute, and delay. Pursuant to 15 U.S.C. § 6802(e)(8), the production of ...