United States District Court, C.D. California
ROBERT J. NEELY, individually, and on behalf of the class of all others similarly situated, Plaintiff,
JP MORGAN CHASE BANK, N.A., Defendant.
[PROPOSED] PROTECTIVE ORDER
FOR CONFIDENTIALITY OF DISCOVERY MATERIAL
E. Scott United States Magistrate Judge
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. 79-5.1 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
Over-Designation Prohibited. Any party or non-party who
designates information or items for protection under this
Order as "CONFIDENTIAL, " "HIGHLY CONFIDENTIAL
- ATTORNEY EYES ONLY, " or "HIGHLY CONFIDENTIAL -
SOURCE CODE" (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, " "HIGHLY
CONFIDENTIAL - ATTORNEY EYES ONLY, " or "HIGHLY
CONFIDENTIAL - SOURCE CODE") 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. The
designator may make that designation during the deposition or
proceeding, or may invoke, on the record or by written notice
to all parties, a right to have up to 30 days from the
deposition or proceeding to make its designation.
2.2.1. 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.
2.2.2. 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 30-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 30-day period, the
transcript shall be treated only as actually designated.
2.3. Inadvertent Failures to Designate. An 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. 37-1 through L.R. 37-4.
ACCESS TO DESIGNATED MATERIAL
Basic Principles. A receiving party may use designated
material only for this litigation. Designated material may be
disclosed only to the categories of persons and under the
conditions described in this Order.
Disclosure of CONFIDENTIAL Material Without Further Approval.
Unless otherwise ordered by the Court or permitted in writing
by the designator, a receiving party may disclose any
material designated CONFIDENTIAL only to:
4.2.1. The receiving party's outside counsel of record in
this action and employees of outside counsel of record to