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Patricia Arreola, Alfredo Parra, Lillian A. Ramirez, Javier A. Galindo, Pascual v. Bank of America

September 19, 2012

PATRICIA ARREOLA, ALFREDO PARRA, LILLIAN A. RAMIREZ, JAVIER A. GALINDO, PASCUAL CHAVEZ-RAMIREZ, JOSE RENTERIA, JESSE MORENO, MARIA PLIEGO, RENE PLIEGO, AND JOSE GARCIA, ON THEIR OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
BANK OF AMERICA, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION; PABLO ARAQUE, AN INDIVIDUAL; AND DOES 1 THROUGH 100, INCLUSIVE; DEFENDANTS.



The opinion of the court was delivered by: Date Honorable Paul L. Abrams United States Magistrate Judge

Mary J. Hackett (appearing pro hac vice)mhackett@reedsmith.com Sharon L. Rusnak (appearing pro hac vice) srusnak@reedsmith.com REED SMITH LLP 225 Fifth Avenue Pittsburgh, PA 15222 Telephone: (412) 288-3131 Facsimile: (412) 288-3063 Michael A. Garabed (State Bar No. 223511) E-mail: mgarabed@reedsmith.com REED SMITH LLP 355 South Grand Ave, Suite 2900 Los Angeles, CA 90071 Telephone: 213.457.8000 Facsimile: 213.457.8080 Attorneys for Defendant Bank of America, N.A.

AMENDED PROTECTIVE ORDER STATEMENT OF GOOD CAUSE FOR ORDER FOR THE PROTECTION OF CONFIDENTIAL INFORMATION

This matter is before the Court pursuant to Rule 26(c) of the Federal Rules of Civil Procedure for entry of a Protective Order, for good cause and with the consent and agreement of the parties, governi ng the disclosure and protection of confide ntial and proprietary business information that may be sought during discovery in this case. Discovery of this case will involve the exch ange of highly sensitive business and/or personal information, including non-public pe rsonal and financial information which the named plaintiffs as well as absent pu tative class members submitted to Financial Plus and its related entities; additional financial information such as can celled checks and statements which contain personal and bank account information of non-parties; non-public information related to internal banking opera tions including personnel information; and other inform ation that is not available to the public. In order to safeguard privacy interests an d confidential commercial information but to disclose this information for purposes of discove ry, good cause exists for entry of a Protective Order:

WHEREAS, in connection with the a bove-captioned matter, good cause exists in order to disclose inform ation containing confidential personal, business and commercial information within the m eaning of Rule 26(c)(1) of the Federal Rules of Civil Procedure, by the parties and/or nonpar ties voluntarily and/or in response to discovery demands;

WHEREAS, the part ies acknowledge that this Order does not confer blanket protections on all disclosures or response s to di scovery and that the protection it affords from public disclosu re and use extends only to t he limited information or items that are entitled to confidential treatment under the applicable legal principles;

WHEREAS, it would serve the interests of the parties to conduct discovery in this action under a Protective Order pursuant to Rule 26 (c)(1) of the Federal Rules of Civil Procedure; and

WHEREAS, the parties have agreed to be bound by the terms of thi s Order and have presented the same for entry as an Order of Court;

IT IS HEREBY ORDERED:

In order to facilitate discovery while preserving and m aintaining the confidentiality of certain documents or te stimony that may be sought by the parties, and in the interests of justice and having determined that good cause exists, it is hereby ORDERED by the Court that:

1. This Confidentiality and Protective Order (this "Protective Order") shall govern the use and dissem ination of all inform ation, documents or m aterials that are produced in this action and designated as "Confidential" or "C onfidential Attorney Eyes Only." Any Party may, in good fa ith, designate as "C onfidential" or "Confidential Attorney Eyes Only" any docum ents, interrogatory answers, responses to requests for adm ission, deposition tran scripts, information or other written, recorded, or graphic material produced or disclosed in this litigation that the Party considers to be subject to this Protective Order.

2. Exercise of Restraint and Care in Designating Material for Protection: Each party or Non-Party that designates info rmation or items for protection under this Order must take care to lim it any such desi gnation to specific mat erial that qualifies under the appropria te standards. The Desi gnating Party shoul d make an effort to designate for protection only those part s of material, documents, item s or oral or written communications that qualify -- so that other portions of the material, documents, items or communications for wh ich protection i s not warranted are not swept unjustifiably within the ambit of th is Order. If a De signating Party later determines that information or items that it designated for protection do not qualify for protection, that Designating Party m ust notify all other Parties th at it is withdrawing the mistaken designation(s).

3. The term "Confidential Information," as used in this Protective Order, shall mean: (a) inform ation not in th e public domain t hat reflects confidential financial or commercial info rmation, or inform ation otherwise entitled to protection under Fed. R. Civ. P. 26, (b) matters that constitute or contain trade secrets pursuant to applicable law, and (c) non-public personal information.

4. The term "Confidential Attorney Eyes Only Information," as used in this Protective Order, shall m ean information not i n the publ ic domain that is so proprietary or competitively sensitive that its disclosure may cause competitive injury. Such information may include, but is no t limited to, highly se nsitive financial and trade secret information. The parties recognize that the type of information which can properly be considered "Conf idential Attorney Eyes On ly" is the refore limited; accordingly, the parties expect to use this designation sparingly.

5. Nothing in this Protective Order sh all limit the right of a Party to use documents or information that (a) was lawfu lly in its possession prior to the initiation of this action; (b) w as, is, or beco mes public knowledge, not i n violation of t his Protective Order; (c) is acquired by the non-producing Party from a third part y who breached no legal obligation in providing the document(s) to the non-producing Party; or (d) becom es declassified under t he Protective Order. The Parties shall not designate information as "Confidential" or "Confidential Attorneys Eyes Only" for the purpose of interfering with the rights of the receiving Party to conduct discovery.

Confidential and Confidential Attorney Eyes Only Information

6. Any Party to this action or other person or entity, including any third party, who produces or supplies information, documents or other materials used in this action (hereinafter the "Designating Party" or the "Producing Pa rty") may designate as "Confidential" or "Confidential Attorn ey Eyes Only" any such inform ation, document or m aterial that it reasonably and in good faith believes constit utes or contains Confidential Information or Conf idential Attorney Ey es Only Inform ation under the terms of this Protective Order. The designation "C onfidential" or "Confidential Attorney Eyes Only" shall be mad e by affixing on the document or material containing such information, and upon each page so designated if practicable, a legend that in substance states:

"CONFIDENTIAL" or "CONFI DENTIAL ATTORNEY EYES ONLY"

7. Depositions may be designated "Confidential" or "Confidential Attorney Eyes Only" by indicating that fact on the record at the deposition or by provi ding written notice to the other Party within thirty (30) days of re ceipt of the hard cop y transcript. If a Designating Party has advi sed the court reporter that Confidential Information or Confidential Attorney Eyes Only Inform ation has been disclosed during a deposition, the court reporter sha ll include on the cover page the following indication:

"DEPOSITION CONTAINS [CON FIDENTIAL INFORMATION/ CONFIDENTIAL ATTORNEY EYES O NLY] OF [NAME OF DESIGNATING PARTY] - SUBJECT TO PROTECTIVE ORDER."

Within thirty (30) business days of r eceipt of the initial deposition transcript, the Designating Party shall advise opposing counsel of t he specific pages and lines in which Confidential Inform ation or Confid ential Attorney Eyes Only Inform ation appears. Until expiration of the thirty da y period, all informa tion disclosed at a deposition shall be treated as "Confidenti al ...


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