United States District Court, E.D. California
Filed: December 2, 2016
& SILVERMAN, P.C., AMY L. BENNECOFF GINSBURG Attorneys
for Plaintiff STEPHANIE SHEPPARD
STROOCK & STROOCK & LAVAN LLP Julieta Stepanyan
Attorneys for Defendant
GEORGE H. WU UNITED STATES DISTRICT JUDGE.
to Rule 26(c) of the Federal Rules of Civil Procedure and
Civil Local Rule 141.1, plaintiff Stephanie Sheppard and
defendant JPMorgan Chase Bank, N.A., erroneously sued as
Chase Bank, stipulate to the issuance of a protective order
PURPOSE AND LIMITS OF THIS ORDER
in this action is likely to involve confidential,
proprietary, or private information requiring special
protection from public disclosure and from use for any
purpose other than this litigation. Thus, the Court enters
this Protective Order. This Order does not confer blanket
protections on all disclosures or responses to discovery, and
the protection it gives from public disclosure and use
extends only to the specific material entitled to
confidential treatment under the applicable legal principles.
This Order does not automatically authorize the filing under
seal of material designated under this Order. Instead, the
parties must comply with L.R. 141 if they seek to file
anything under seal. This Order does not govern the use at
trial of material designated under this Order.
DESIGNATING PROTECTED MATERIAL
party or non-party who designates information or items for
protection under this Order as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY” (a
“designator”) must only designate specific
material that qualifies under the appropriate standards. To
the extent practicable, only those parts of documents, items,
or oral or written communications that require protection
shall be designated. Designations with a higher
confidentiality level when a lower level would suffice are
prohibited. Mass, indiscriminate, or routinized designations
are prohibited. Unjustified designations expose the
designator to sanctions, including the Court's striking
all confidentiality designations made by that designator.
Designation under this Order is allowed only if the
designation is necessary to protect material that, if
disclosed to persons not authorized to view it, would cause
competitive or other recognized harm. Material may not be
designated if it has been made public, or if designation is
otherwise unnecessary to protect a secrecy interest. If a
designator learns that information or items that it
designated for protection do not qualify for protection at
all or do not qualify for the level of protection initially
asserted, that designator must promptly notify all parties
that it is withdrawing the mistaken designation.
Manner and Timing of Designations.
under this Order requires the designator to affix the
applicable legend (“CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY”) to
each page that contains protected material. For testimony
given in deposition or other proceeding, the designator shall
specify all protected testimony and the level of protection
being asserted. It may make that designation during the
deposition or proceeding, or may invoke, on the record or by
written notice to all parties on or before the next business
day, a right to have up to 21 days from the deposition or
proceeding to make its designation.
A party or non-party that makes original documents or
materials available for inspection need not designate them
for protection until after the inspecting party has
identified which material it would like copied and produced.
During the inspection and before the designation, all
material shall be treated as HIGHLY CONFIDENTIAL - ATTORNEY
EYES ONLY. After the inspecting party has identified the
documents it wants copied and produced, the producing party
must designate the documents, or portions thereof, that
qualify for protection under this Order.
Parties shall give advance notice if they expect a deposition
or other proceeding to include designated material so that
the other parties can ensure that only authorized individuals
are present at those proceedings when such material is
disclosed or used. The use of a document as an exhibit at a
deposition shall not in any way affect its designation.
Transcripts containing designated material shall have a
legend on the title page noting the presence of designated
material, and the title page shall be followed by a list of
all pages (including line numbers as appropriate) that have
been designated, and the level of protection being asserted.
The designator shall inform the court reporter of these
requirements. Any transcript that is prepared before the
expiration of the 21-day period for designation shall be
treated during that period as if it had been designated
HIGHLY CONFIDENTIAL - ATTORNEY EYES ONLY unless otherwise
agreed. After the expiration of the 21-day period, the
transcript shall be treated only as actually designated.
Inadvertent Failures to Designate.
inadvertent failure to designate does not, standing alone,
waive protection under this Order. Upon timely assertion or
correction of a designation, all recipients must make
reasonable efforts to ensure that the material is treated
according to this Order.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
challenges to confidentiality designations shall proceed
under L.R. 141.
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