The opinion of the court was delivered by: Honorable David T. Bristow
DISCOVERY [PROPOSED] STIPULATED PROTECTIVE ORDER NOTE CHANGES MADE BY THE COURT Judge: Honorable David T. Bristow Complaint Filed: December 18, 2012 Trial Date:
GOOD CAUSE FOR STIPULATED PROTECTIVE ORDER
This matter involves the origination, sale and transfer of residential mortgage loans made to consumers. The underlying relevant documents which will be exchanged in discovery include documents submitted by consumers to apply for and obtain loans, including credit reports, bank statements, tax returns and other documents which contain non-public personal and financial information and documents of non-party consumers. These documents and information are subject to strict privacy laws and merit special protection from public disclosure and from use for any purpose other than prosecution and defense of this litigation. The personal and financial information to be protected includes, but is not limited to, bank account information, social security numbers, income, debt, credit card and credit information, dates of birth, driver's license numbers, employment, and the names of children or minors that are protected from disclosure by various state and federal laws including, but not limited to, 15 U.S.C. §6802 et seq. ("Gramm-Leach-Bliley Act"). Documents that should be protected include, but are not limited to: loan applications, credit reports, bank statements, W-2s, 1099s and tax returns. If the confidential information or documents are made public, the non-party borrowers will be harmed and prejudiced by having their private and confidential personal and financial information in the public domain and will be exposed to a risk of identity theft. The parties will be harmed and prejudiced by being unable to comply with State and Federal laws and may be subject to potential liability.
In addition, disclosure and discovery may involve production of documents or information that the producing party may contend contains confidential, proprietary, or private information, including, but not limited to, trade secrets and internal documents and processes utilized by the parties in originating loans and investigating and handling loan repurchase claims. To the extent this is the case, this information is entitled to special protection from public disclosure and from use for any purpose other than prosecuting this litigation. The parties may be harmed and prejudiced if their confidential, proprietary, or private information is disclosed to the public because it may reduce their competitive advantage and, thus, harm their respective businesses.
The parties acknowledge that this Stipulated Protective Order does not confer blanket protection on all disclosures or responses to discovery and that the protection afforded 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 that this Stipulated Protective Order does not entitle them to file confidential information under seal without following the applicable local rules and procedures and does not exempt them from the standards applied by the Court when a party seeks permission to file material under seal.
IT IS HEREBY STIPULATED AND AGREED, by and between the parties to this action, through undersigned counsel, that the terms and conditions of this Stipulated Protective Order ("Protective Order") shall govern the production and handling of documents, answers, responses, depositions, pleadings, exhibits, and all other information exchanged by the parties in the above-entitled action relating to CONFIDENTIAL INFORMATION, as defined herein.
IT IS HEREBY STIPULATED AND AGREED THAT: 1. The transactions underlying this litigation involve mortgage loan transactions of non-party consumers. The documents that are relevant to this action may contain certain CONFIDENTIAL INFORMATION concerning the borrowers. This CONFIDENTIAL INFORMATION is the subject of certain State and Federal privacy laws and also includes personal identifying information of the borrowers that should not be publicly available.
2. CONFIDENTIAL INFORMATION shall include any and all information produced by another party to this action that is, or contains personal information of the borrowers including, without limitation, social security numbers, birth dates, primary addresses, telephone numbers, employers, salaries, bank account designations or numbers, credit accounts, personal financial information and any and all information protected from disclosure by applicable Federal or State privacy laws.
3. CONFIDENTIAL INFORMATION shall also include information, documents, or things, or portions of any document or thing, which belongs to a designating party who in good faith believes that such information is entitled to confidential treatment under this Protective Order because it contains Trade Secrets*fn1 , confidential, proprietary, or private information of the parties, including but not limited to, internal documents and processes in connection with which disclosure may cause significant harm to an individual or to the business or competitive position of the designating party.
4. CONFIDENTIAL INFORMATION shall not include information that is publicly available.
5. CONFIDENTIAL INFORMATION shall be disclosed only to: (a) the Court under seal; (b) the parties' respective counsel who are responsible for and/or working directly in the prosecution or defense of this action, as reasonably necessary (including support staff); (c) individual parties and in-house corporate or company representatives of each party (officers, directors or employees of a party who have been charged by their respective corporation or company with the responsibility for providing support or making business decisions dealing directly with the subject matter of this action); (d) and the additional individuals listed in items (i) through (v) below. All individuals to whom CONFIDENTIAL INFORMATION is disclosed must have read this Protective Order in advance of disclosure. All persons listed in
(i) through (v) below must sign an undertaking in the form attached as Exhibit A, which shall be retained in the files of counsel:
i) outside experts and outside consultants retained by the parties or their counsel in this action;
ii) a deponent or other witness who authored, received or saw a document or thing marked "CONFIDENTIAL INFORMATION" or who is otherwise familiar with the CONFIDENTIAL INFORMATION, or who may have testimony to offer relevant to the CONFIDENTIAL INFORMATION;
iii) independent copying services, independent exhibit makers and other independent litigation support ...