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Causey v. Portfolio Acquisitions, LLC

United States District Court, Ninth Circuit

July 10, 2013

JEANINE CAUSEY A/K/A/JEANINE BOYD, ROBERT CAUSEY, Plaintiffs,
v.
PORTFOLIO ACQUISITIONS, LLC, NCC, A DIVISION OF COMMONWEALTH FINANCIAL SYSTEMS, and DOES 1 through 25, inclusive, Defendants.

PROTECTIVE ORDER

EDMUND F. BRENNAN, Magistrate Judge.

On June 6, 2013, the undersigned issued an order directing the parties to meet and confer further in an attempt to agree on a stipulated protective order that could be submitted to the court for approval, and to file their proposed stipulated protective order within fourteen days of the date of that order, or by June 20, 2013. Dckt. No. 201 at 9. Defendants NCO Financial Systems, Inc., successor in interest to Portfolio Acquisitions, LLC and NCC, A Division of Commonwealth Financial Systems, filed a proposed protective order on June 20, 2013. Dckt. No. 202. Plaintiffs did not initially file a response to that proposed order. Nor did they file their own proposed version of a protective order. Therefore, on June 25, 2013, the undersigned issued a minute order giving plaintiffs until June 28, 2013 to file a response to defendants' proposed order, along with their own proposed order. Dckt. No. 203.

On June 28, 2013, plaintiffs filed a statement regarding defendants' proposed protective order, along with their own proposed protective order, which is very similar to defendants' proposal but with a few modifications. The suggested modifications include (1) deletion of the reference to what confidential information may be presented to the jury; (2) addition of an "Attorney's Eyes Only" provision; and (3) a modification of the dispute resolution process set forth in defendants' proposed protective order. Dckt. No. 204.

The court has reviewed both proposed protective orders and finds that good cause supports issuing the following protective order.

Accordingly, IT IS HEREBY ORDERED:

1. In connection with discovery proceedings or non-discovery voluntary disclosures in this action, the parties may designate any document, thing, material, testimony or other information derived therefrom, as "Confidential" under the terms of this Protective Order (hereinafter "Order"). Confidential information is information which has not been made public and which concerns or relates to business strategies, processes, operations, type of work, or apparatus, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, amount or source of any income, profits, losses, or expenditures of any persons, firm, partnership, corporation, or other organization, the disclosure of which information may have the effect of causing harm to the competitive position of the person, firm, partnership, corporation, or to the organization from which the information was obtained.

2. By designating a document, thing, material, testimony or other information derived therefrom as "confidential, " under the terms of this Order, the party making the designation is certifying to the court that there is a good faith basis both in law and in fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g).

3. Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multipage document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.

4. Testimony taken at a deposition, conference, or hearing may be designated as confidential by making a statement to that effect on the record at the deposition or other proceeding. Arrangement shall be made with the court reporter taking and transcribing such proceeding to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately.

5. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstract, or other documents derived in whole or in part from material designated as confidential (hereinafter "Confidential Material") shall be used only for the purpose of the prosecution, defense, or settlement of this action.

6. Confidential Material produced pursuant to this Order may be disclosed or made available only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel), and to the "qualified persons" designated below:

(a) a party, or an officer, director, or employee of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action;

(b) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, ...


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