FEDERAL DEPOSIT INSURANCE COMPANY AS RECEIVER FOR FIRST BANK OF BEVERLY HILLS, Plaintiff,
LARRY B. FAIGIN, CRAIG KOLASINSKI, ERIC ROSA, ANNETTE VECCHIO, HOWARD AMSTER, WILLIAM D. KING, STEPHEN GLENNON, ROBERT KANNER, KATHLEEN KELLOGG AND JOHN LANNAN, Defendants.
STIPULATED PROTECTIVE ORDER
CARLA WOEHRLE, District Judge.
In light of the Stipulation of the parties filed herewith, and good cause appearing therefore, IT IS HEREBY ORDERED as follows:
1. This Order shall apply to and govern all discovery taken under the Federal Rules of Civil Procedure, including without limitation depositions; documents, information or things disclosed or produced in response to requests for production of documents; answers to interrogatories; responses to requests for admissions; responses to subpoenas and other information that the Disclosing Party designates as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" furnished, directly or indirectly, by or on behalf of any Party or any non-Party in connection with the above-captioned litigation ("Protected Material"). In addition, this Order applies to any copy, extract, or complete or partial summary of any Protected Material; any portion of any brief, memorandum, or any other writing or exhibit thereto which discloses the contents of any Protected Material; and any information contained in or obtained from any Protected Material.
2. When used in this Order, the phrase "Disclosing Party" shall refer to the Parties to the above-captioned litigation or to non-Parties who give testimony or produce documents or otherwise designate Protected Material in connection with the above-captioned litigation.
3. When used in this Order, the word "document" encompasses, but is not limited to type of document or testimony, including all documents or things described in Federal Rule of Evidence 1001(1)-(4) and/or Fed.R.Civ.P. 34(a)(1)(A) or (B).
4. The Disclosing Party who designates any material "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" (sometimes referred to herein as a "Designating Party") bears the burden of establishing the confidential status of such material in any situation in which the designation is at issue, and nothing in this Order shall be construed to alter such burden. The Parties enter into and stipulate to this Order without prejudice to the rights of any Party to assert or contest the confidential status of any material as set forth below.
5. Subject to any challenges that a Party may make under this Order, a Disclosing Party may designate as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" any trade secret or other proprietary, regulatory or confidential information or research, design, development, financial or commercial information, as such terms are used in Fed.R.Civ.P. 26(c)(1)(G) and any applicable case law interpreting Fed.R.Civ.P. 26(c)(1)(G). In addition, subject to any challenges that a Party may make under this Order, a Disclosing Party may designate as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, " subject to any challenges that a Party may make under this Order, non-public personal information or other information for which applicable federal or state law requires confidential treatment, including, but not limited to, confidential material related to the First Bank of Beverly Hills (the "Bank"), its customers, or any other entity, including without limitation: Automated Clearing House items or transactions, chargebacks, merchant processing, bank account information, signature cards, bank statements, general ledger entries, deposit or reserve information, commodity trading statements, loans and lending transactions, loan applications, financial statements and credit reports, business and personal state and federal income tax forms, correspondence, and related loan documentation relating to any extension of credit or loan to any borrower, such as documents containing a customer's account number, credit card number, personal identification number, account balance, information relating to a deposit account, loan, or borrower relationship and loan application materials, and documents or information that contain the customer's name, address, social security number, date of birth or other similar identifying information. In addition, subject to any challenges that a Party may make under this Order, a Disclosing Party may designate as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" non-public documents or information related in any way to the regulation or supervision of the Bank, in whatever form, whether preliminary or final, including, but not limited to, reports of examination or inspection, regulatory correspondence, reports, orders, work papers, memoranda, or agreements by, from or with the Federal Deposit Insurance Corporation ("FDIC"), the California Department of Financial Institutions ("CDFI"), or any other federal or state regulatory authority, and any documents containing confidential information obtained from any documents and records related to the supervision or regulation of the Bank, it being understood and agreed that the release of such regulatory documents may require approval from independent government agencies, and that no regulatory documents, however obtained, will be disclosed to third parties without approval by the respective regulatory authority. In addition, a Disclosing Party may designate as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" nonpublic documents or information related in any way to the receivership of the Bank, including, but not limited to, any information on loss or estimates of such loss on the Bank's assets. In addition, subject to any challenges that a Party may make under this Order, a Disclosing Party may designate as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" nonpublic documents or information that are confidential or exempt from disclosure as provided in the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), the FDIC's regulations governing the disclosure of information, 12 C.F.R. Part 309, the laws of the State of California, or any other applicable federal or state laws. However, the failure to designate any documents with such legend shall not constitute a waiver by the Disclosing Party of the right to assert that such documents contain protected confidential, proprietary, personal, or trade secret information or are otherwise confidential. In the event that any Disclosing Party inadvertently produces confidential documents or information without designating the documents or information as confidential, and if the Disclosing Party subsequently notifies the receiving Party that the documents or information should have been designated confidential, the Parties agree to treat any such subsequently identified documents or information as duly designated confidential and subject to this Order and to allow the Disclosing Party an opportunity to mark the disclosed documents or information as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY."
6. Any Party or non-Party receiving any non-public Protected Material from a Disclosing Party, shall use that material soley for the purpose of conducting this litigation and not for any other purpose whatsoever and shall take all reasonable steps necessary to maintain the confidentiality of the Protected Material.
7. In the absence of written permission from the Disclosing Party, or an order of the Court, material designated as "CONFIDENTIAL" may be disclosed only to the following persons:
a. The named Parties and the attorneys working on the above-captioned litigation on behalf of any Party, including attorneys consulting with or advising any Party to the above-captioned litigation, in-house attorneys, paralegals, and staff, stenographic and clerical employees and contractors working under the direct supervision of such counsel;
b. Any expert or consultant who is expressly retained by any attorney described in Paragraph 7(a) to assist in the above-captioned litigation, with disclosure only to the extent reasonably necessary to perform such work;
c. Vendors, experts and consultants engaged to assist or participate in the above matters;
d. Any fact witness, including named Parties, and including attorneys for such fact witness, provided, however, that the witness (i) shall not retain any documents marked as "CONFIDENTIAL, " and (ii) shall be informed, prior to being shown materials marked as "CONFIDENTIAL" that he/she is being shown such materials solely for use in the above-captioned litigation;
e. FDIC personnel (including, but not limited to, its Board, Chairman, directors, attorneys, investigators and senior executives) conducting, assisting, monitoring, reviewing or making determinations with regard or related to the above-captioned litigation, any litigation or ...