United States District Court, N.D. California
IN RE LENDING CLUB SECURITIES LITIGATION This Document Relates To ALL ACTIONS
ROBBINS GELLER RUDMAN & DOWD LLP, Darren J. Robbins,
Jason A. Forge, Scott H. Saham, Michael Albert
EMANUEL URQUHART & SULLIVAN, LLP, Diane M. Doolittle,
(Bar No. 142046)
MORGAN, LEWIS & BOCKIUS LLP, Charlene S. Shimada (Bar No.
91407), Susan D. Resley (Bar No. 161808), Lucy Wang (Bar No.
257771), One Market, Spear Street Tower S
MILBANK, TWEED, HADLEY & McCLOY LLP, Robert J. Liubicic
(Bar No. 271465), SIMPSON THACHER & BARTLETT LLP, Simona
G. Strauss (Bar No. 203062) Lee Brand (Bar No. 287110)
Jonathan K. Youngwood (pro hac vice)
HONORABLE WILLIAM H. ALSUP UNITED STATES DISTRICT JUDGE.
Stipulated Protective Order (“Order”) is meant to
protect confidential information obtained by the parties in
connection with this case.
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the parties hereby stipulate to and petition the Court to
enter the following Order. The parties acknowledge that this
Order does not confer blanket protections on all disclosures
or responses to discovery and that the protection it affords
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, as set forth in section 12.3, below,
that this Order does not entitle them to file confidential
information under seal; Civil Local Rule 79-5 sets forth the
procedures that must be followed and the standards that will
be applied when a party seeks permission from the Court to
file material under seal.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c).
Counsel: Outside Counsel of Record and In-House
Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
“CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL.” 2.5 Disclosure or Discovery
Material: all items or information, regardless of the
medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony,
transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery in this
Expert: a person who has been retained by a Party or
its counsel to serve as an expert witness or as a consultant
in this action.
“HIGHLY CONFIDENTIAL” Information or
Items: highly sensitive trade secrets or confidential
business or financial information, the disclosure of which
would result in the disclosure of trade secrets or other
highly sensitive research, development, production,
personnel, commercial, market, financial, or business
In-House Counsel: attorneys who are employees of a
party to this action. In-House Counsel does not include
Outside Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this action but are retained to
represent or advise a party to this action and have appeared
in this action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g.,
photocopying, videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL” or
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by this Order do
not cover the following information: (a) any information that
is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after
its disclosure to a Receiving Party as a result of
publication not involving a violation of this Order,
including becoming part of the public record through trial or
otherwise; and (b) any information known to the Receiving
Party prior to the disclosure or obtained by the Receiving
Party after the disclosure from a source who obtained the
information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews ...