Zions Bancorporation, N.A. v. JPMorgan Chase Bank, N.A., No. 3:2020cv02048 - Document 38 (S.D. Cal. 2021)
Court Description: ORDER Granting Joint Motion For Entry Of Protective Order [ECF No. 37 ]. Signed by Magistrate Judge Jill L. Burkhardt on 11/12/2021. (dxf) (Main Document 38 replaced on 11/12/2021)*Error fixed, NEF Regenerated .
Download PDF
<![CDATA[
Zions Bancorporation, N.A. v. JPMorgan Chase Bank, N.A. Doc. 38 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ZIONS BANCORPORATION, N.A., Case No.: 20-cv-02048-H-JLB Plaintiff, 12 13 v. 14 JPMORGAN CHASE BANK, N.A., ORDER GRANTING JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER Defendant. 15 [ECF No. 37] 16 17 18 Before the Court is the parties’ joint motion for entry of protective order. (ECF No. 19 37.) Good cause appearing, the joint motion is GRANTED, and the following stipulated 20 protective order is entered: 21 STIPULATION AND PROTECTIVE ORDER 22 This Stipulation and Protective Order (“Stipulation and Order”) is entered into by 23 and between Plaintiff Zions Bancorporation, N.A. dba California Bank & Trust (“CB&T”) 24 and Defendant JPMorgan Chase Bank, N.A. (“JPMC”), through their counsel of record 25 herein. Together, CB&T and JPMC, and any other party subsequently added to this action 26 who comply with Section 22 herein, shall be referred to herein as the “Parties.” 27 /// 28 /// 1 20-cv-02048-H-JLB Dockets.Justia.com 1 1. PURPOSES AND LIMITATIONS. Discovery in this action is likely to 2 involve production of confidential, proprietary or private information for which special 3 protection from public disclosure and from use for any purpose other than pursuing this 4 litigation may be warranted. Accordingly, the Parties hereby stipulate to and petition the 5 Court to enter the following Stipulation and Order. The Parties acknowledge that this Order 6 does not confer blanket protections on all disclosures or responses to discovery and that 7 the protection it affords from public disclosure and use extends only to the limited 8 information or items that are entitled to confidential treatment under the applicable legal 9 principles. 10 2. GOOD CAUSE STATEMENT. This action concerns a letter of credit, letter 11 of credit confirmation, and letter of credit discount agreement, to secure payment for the 12 shipment of goods from the United States to Brazil. In connection with CB&T’s claims, 13 discovery is sought and documents are anticipated to be produced consisting of account 14 records relating to the letter of credit, letter of credit confirmation, and letter of credit 15 discount agreement, among other things. Those records are anticipated to include and 16 reflect the private financial information of consumers (such as account numbers, payment 17 history, employment identification numbers/social security numbers and other private 18 identifying information), including that of third parties Gas Verde, S.A., and FirmGreen 19 Energy International Holdings, Inc., among others. In addition, discovery is sought and 20 documents are anticipated to be produced that may reflect the proprietary and confidential 21 business practices of CB&T and JPMC. 22 For these reasons, among others, the Parties respectfully submit that this action is 23 likely to involve private financial information of consumers as well as trade secrets, 24 proprietary information, and other valuable commercial, financial and technical 25 information for which special protection from public disclosure and from use for any 26 purpose other than prosecution of this action is warranted. 27 proprietary materials and information consist of, among other things, confidential business 28 or financial information, information regarding confidential business practices, or other Such confidential and 2 20-cv-02048-H-JLB 1 confidential research, development, or commercial information (including information 2 implicating privacy rights of third parties), information otherwise generally unavailable to 3 the public, or which may be privileged or otherwise protected from disclosure under state 4 or federal statutes, Court rules, case decisions, or common law. Accordingly, to expedite 5 the flow of information, to facilitate the prompt resolution of disputes over confidentiality 6 of discovery materials, to adequately protect information the Parties are entitled to keep 7 confidential, to ensure that the Parties are permitted reasonable necessary uses of such 8 material in preparation for and in the conduct of trial, to address their handling at the end 9 of the litigation, and serve the ends of justice, a protective order for such information is 10 justified in this matter. It is the intent of the Parties that information will not be designated 11 as confidential for tactical reasons and that nothing be so designated without a good faith 12 belief that it has been maintained in a confidential, non-public manner, and there is good 13 cause why it should not be part of the public record of this case. 14 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE. 15 3.1 The Parties further acknowledge that this Stipulation and Order does not 16 entitle them to file confidential information under seal In the event any Party applies to the 17 Court to file documents under seal, such application will be filed in accordance with local 18 rules and procedures, the Federal Rules of Civil Procedure, and governing case law. 19 Any document that is not confidential, privileged, or otherwise protectable in its 20 entirety will not be filed under seal if the confidential portions can be redacted. If 21 documents can be redacted, then a redacted version for public viewing, omitting only the 22 confidential, privileged, or otherwise protectable portions of the document, shall be filed. 23 Any application that seeks to file documents under seal in their entirety should include an 24 explanation of why redaction is not feasible. 25 3.2 Filing Documents Under Seal. No document shall be filed under seal unless 26 counsel secures a court order allowing the filing of a document under seal. An application 27 to file a document under seal shall be served on opposing counsel, and on the person or 28 entity that has custody and control of the document, if different from opposing counsel. If 3 20-cv-02048-H-JLB 1 the application to file a document designated as confidential under seal is being made by 2 the non-designating party, then, upon request, the designating party must promptly provide 3 the applicant with a legal basis for the confidential designation to include in the application. 4 If opposing counsel, or the person or entity that has custody and control of the document, 5 wishes to oppose the application, he/she must contact the chambers of the judge who will 6 rule on the application, to notify the judge’s staff that an opposition to the application will 7 be filed. 8 4. DEFINITIONS. 9 4.1 Acknowledgment: Refers to Exhibit A attached hereto, which must be 10 executed by certain persons prior to the disclosure of “Confidential” or “Highly 11 Confidential” Material as set forth in Section 6 of this Stipulation and Order. 12 13 14 4.2 Action: Zions Bancorporation, N.A. v. JPMorgan Chase Bank, N.A., United States District Court, Southern District of California, Case No. 3:20-cv-02048-H-JLB. 4.3 “Confidential” Material: Information (regardless of how generated, stored, or 15 maintained), testimony, or tangible things obtained during discovery in the Action that the 16 Disclosing Person reasonably and in good faith believes contains or would disclose non- 17 public, confidential, proprietary, financial, customer, client or commercially sensitive 18 information, confidential trade secrets or non-public research that requires the protections 19 provided in this Stipulation and Order, including any information that constitutes 20 confidential information under the Federal Rule of Civil Procedure 26(c) or applicable laws 21 or regulations. Nothing in this Order shall be used to imply that any law permits, or does 22 not permit, the production of certain data, regardless of whether such data is designated as 23 “Confidential.” 24 4.4 Confidential Supervisory Information: Confidential Supervisory Information 25 includes, but is not limited to, confidential supervisory information of the Board of 26 Governors of the Federal Reserve System as set forth in 12 C.F.R. § 261.2(c), non-public 27 information of the Office of the Comptroller of the Currency or the former Office of Thrift 28 Supervision as set forth in 12 C.F.R. § 4.32(b), exempt information of the Federal Deposit 4 20-cv-02048-H-JLB 1 Insurance Corporation as set forth in 12 C.F.R. §§ 309.2, 309.5, and 309.6, and confidential 2 information of the Consumer Financial Protection Board as set forth in 12 C.F.R. § 1070.2, 3 and any other records concerning supervision, regulation, and examination of banks, 4 savings associations, their holding companies and affiliates, and records compiled in 5 connection with the enforcement responsibilities of federal financial regulatory agencies 6 that is not permitted to be disclosed to a third party absent consent of the applicable 7 regulator or government agency. Confidential Supervisory Information also includes 8 information that current and former employees, officers, and agents of federal financial 9 regulatory agencies obtained in their official capacities. Confidential Supervisory 10 Information shall be deemed to include all copies, abstracts, excerpts, analyses, or other 11 writings or documents that contain, reflect, or disclose Confidential Supervisory 12 Information. 13 14 15 16 17 4.5 Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as their support staff). 4.6 Disclosing Person: A Party or a non-party that produces Discovery Material in the Action. 4.7 Discovery Material(s): All information of any kind provided in the course of 18 discovery in the Action, including without limitation documents, electronic files, trade 19 data, written discovery responses, deposition testimony, and deposition exhibits. 20 Information copied or extracted from Discovery Material, as well as all copies, excerpts, 21 summaries, or compilations thereof, shall constitute Discovery Material. Any information 22 obtained through means outside the Court’s discovery processes, such as through 23 independent investigation, shall not constitute Discovery Material. Any person subject to 24 this Stipulation and Order who receives from any other person any Discovery Material 25 shall not disclose said Discovery Material to anyone else except as expressly permitted 26 hereunder. 27 28 4.8 Expert: A person who is not an owner, director, officer, or employee of a Party, who has specialized knowledge or experience in a matter pertinent to this litigation, 5 20-cv-02048-H-JLB 1 who has been retained by a Party or its Counsel to serve as an expert witness or as a 2 consultant in the prosecution or defense of the Action, including his or her employees and 3 support personnel. This definition includes, without limitation, professional jury or trial 4 consultants retained in connection with the Action. 5 4.9 Foreign Law Restricted Material: Any Discovery Material that, pursuant to 6 any foreign law or regulation, is prohibited from being transferred to the United States 7 and/or disclosed in connection with a legal proceeding. 8 4.10 Highly Confidential Material: Discovery Material that the Disclosing Person 9 reasonably and in good faith believes contains (a) material regarding trading and 10 investment strategies, pricing and cost information, customer lists, business strategy, 11 confidential trade secrets, employee personnel files of current or former employees, 12 compensation or payroll information of current or former employees, confidential client or 13 customer account information, and other commercial or financial information the 14 disclosure of which to another Party or non-party would create a substantial risk of causing 15 the Disclosing Person or the Parties’ employees, customers or clients, to suffer monetary 16 or non-monetary injury or competitive or commercial disadvantage; (b) Personal Data, as 17 defined herein; or (c) Non-Public Personal Financial Information, as defined herein. 18 4.11 In-House Counsel: Attorneys, paralegals, and other legal department 19 personnel who are employees of a Party, to whom disclosure of Discovery Material is 20 reasonably necessary for this litigation. 21 4.12 Non-Public Personal Financial Information: Any information that constitutes 22 “nonpublic personal information” within the meaning of the Gramm-Leach-Bliley Act, 15 23 U.S.C. § 6802 et seq. and its implementing regulations, or analogous state laws and 24 regulations, including, but not limited to, any portion of a spreadsheet or other document 25 or data set that includes financial or credit information for any person (including any credit 26 history, report or score obtained on any such person to determine the individual’s eligibility 27 for credit) together with personally identifiable information with respect to such person, 28 6 20-cv-02048-H-JLB 1 including, but not limited to, name, address, Social Security number, loan number, 2 telephone number, or place or position of work. 3 4.13 Outside Counsel: Attorneys, paralegals, and other law firm personnel, 4 employees and contractors who are not employees of a Party but who are retained to 5 represent or advise a Party in the Action. 6 7 4.14 Party: Any party to this action, including all of its officers, directors, employees, consultants, retained experts, and outside counsel (and their support staff). 8 4.15 Personal Data: Any information related to, reflecting, associated with or 9 identifying a natural person, other than Non-Public Personal Financial Information, that a 10 Party or Disclosing Person (whether or not a Party) believes in good faith to be subject to 11 federal, state or foreign data privacy, data protection laws or other privacy obligations. 12 Personal Data constitutes material requiring special protection. Nothing in this section 13 shall be used to imply that any law permits, or does not permit, the production of certain 14 data, regardless of whether such data is designated as “Personal Data.” 15 4.16 Professional Vendors: Persons or entities employed by the Parties or their 16 Counsel to assist in the Action that provide litigation or trial support services (e.g., 17 photocopying; data processing; graphic production; videotaping; translating; preparing 18 exhibits or demonstrations; organizing, storing, or retrieving data in any form or medium; 19 mock jurors; investigators) and their employees and subcontractors. 20 21 4.17 Protected Material: Any Discovery Material that is designated as “Confidential” or “Highly Confidential.” 22 23 4.18 Receiving Party: A Party that receives Discovery Material from a Disclosing Person in the Action. 24 4.19 SAR Related Material: Any Discovery Material that, pursuant to 31 U.S.C. § 25 5318(g)(2)(A)(i), 31 C.F.R. § 1020.320, 12 C.F.R § 21.11, Section 314(a) of the PATRIOT 26 ACT, and 12 U.S.C. § 3414(a)(3) or any other applicable regulations concerning potential 27 suspicious activity, is not permitted to be produced. 28 /// 7 20-cv-02048-H-JLB 1 5. LIMITATION ON USE OF DISCOVERY MATERIAL. All Discovery 2 Material produced or disclosed in connection with the Action shall be used solely for the 3 prosecution or the defense of the Action (including any attempted settlement thereof or 4 appeal therefrom), or the enforcement of insurance rights with respect to the Action, and 5 for no other purpose whatsoever, including use in other legal actions, present or future. 6 6. DESIGNATING DISCOVERY MATERIAL. 7 6.1 Initial Designation. Any Disclosing Person may, subject to the provisions of 8 this Stipulation and Order, designate Discovery Material as “CONFIDENTIAL” or 9 “HIGHLY CONFIDENTIAL.” A Disclosing Person shall apply a confidentiality 10 designation only when the party has a reasonable, good faith basis that the information so 11 designated constitutes “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” material. 12 The protections conferred by this Stipulation and Order cover not only the Protected 13 Material itself, but also any information copied or extracted therefrom, as well as copies, 14 excerpts, summaries, or compilations thereof, plus testimony, conversations, or 15 presentations by Parties or Counsel to or in court or in other settings that might disclose 16 Protected Material to persons not authorized to receive such material. 17 6.2 Designation of Information as Confidential. A Party or non-party subject to 18 this Stipulation and Order may only designate Discovery Material in this Action as 19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” if the designating party or non- 20 party has an articulable, good faith basis to believe that each document or other information 21 designated as confidential qualifies for protection under Federal Rule of Civil Procedure 22 26(c). 23 24 6.3 The designation of materials as either “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” shall be made as follows: 25 6.3.1. For ESI, whenever possible, by imprinting “CONFIDENTIAL” or 26 “HIGHLY CONFIDENTIAL” on the face of each page of a document so designated. If 27 imprinting on the face of the document is not possible, then by (1) affixing a stamp with 28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on the medium on which the 8 20-cv-02048-H-JLB 1 electronic data is stored when copies are delivered to a Receiving Party; and (2) designating 2 the production as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” in the transmittal 3 cover letter. 4 6.3.2. For produced documents, by imprinting the words “CONFIDENTIAL” 5 or “HIGHLY CONFIDENTIAL” on the face of each page of a document so designated or 6 in a similarly conspicuous location for non-document materials. 7 6.3.3. For written discovery responses, by imprinting the words 8 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” next to or above any response to a 9 discovery request or on each page of a response. 10 6.3.4. For depositions, by indicating in the record at the deposition which 11 portions of the transcript and/or responses shall be treated as “CONFIDENTIAL” or 12 “HIGHLY CONFIDENTIAL.” Alternatively, within thirty (30) days after receipt of the 13 transcript or recording of such deposition, the offering or sponsoring Party may designate 14 such transcript or recording or any portion or portions thereof as “CONFIDENTIAL” or 15 “HIGHLY CONFIDENTIAL” by notifying all other Parties, in writing, of the specific 16 pages and lines of the transcript or recording that should be treated as Confidential Material 17 or Highly Confidential Material. All transcripts or recordings of depositions shall be treated 18 as “HIGHLY CONFIDENTIAL” for thirty (30) days after receipt of the transcript or 19 recording or until written notice of a designation is received, whichever occurs first. 20 6.3.5. For all other Discovery Material, by placing or affixing on each page 21 of such material (in such manner as will not interfere with the legibility thereof) a 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” designation. 23 24 25 6.3.6. For trial or pretrial proceedings, by complying with local rules and procedures. 6.4 Inadvertent Failure to Identify Materials as “Confidential” or “Highly 26 Confidential”. Any Disclosing Person who inadvertently fails to identify Discovery 27 Material as “Confidential” or “Highly Confidential” shall have fifteen (15) business days 28 from the discovery of its oversight to correct its failure. Such failure shall be corrected by 9 20-cv-02048-H-JLB 1 providing the Receiving Party written notice of the error and producing substitute copies 2 of the inadvertently produced Discovery Material with the correct designation. The 3 Receiving Party shall thereafter treat the information as Confidential Discovery Material 4 or Highly Confidential Discovery Material and shall take reasonable steps to return or 5 destroy all prior copies of such inadvertently produced Discovery Material. To the extent 6 such information may have been disclosed to anyone not authorized to receive Confidential 7 Discovery Material or Highly Confidential Discovery Material under the terms of this 8 Stipulation and Order, the Receiving Party shall make reasonable efforts to retrieve the 9 Discovery Material promptly and to avoid any further disclosure and shall provide written 10 11 confirmation to the Disclosing Person that it has done so. 6.5 Upward Designation of Information or Items Produced by Other Parties or 12 Non-Parties. Subject to the standards of Section 3, a Party may upward designate (i.e., 13 change any Discovery Material produced without a designation to a designation of 14 “Confidential” or “Highly Confidential” or designate any Discovery Material produced as 15 “Confidential” to a designation of “Highly Confidential”) any Discovery Material 16 produced by another Party or non-party, provided that said Discovery Material contains the 17 upward designating Party’s own Confidential or Highly Confidential information, as 18 defined herein. 19 6.5.1. Upward designation shall be accomplished by providing written notice 20 to all other Parties and the relevant Disclosing Person identifying (by Bates number or 21 other individually identifiable information) the Discovery Material to be re-designated 22 within thirty (30) days from the discovery by the Party that these Discovery Materials 23 should be upward designated. 24 reproduced by the Disclosing Person with the correct designation, and the Parties shall 25 thereafter treat the upward designated Discovery Material as Confidential Discovery 26 Material or Highly Confidential Discovery Material. The Disclosing Person shall take 27 reasonable steps to destroy all prior copies of such upward designated Discovery Material, 28 with the exception of original versions or copies of the Discovery Material that were The upward designated Discovery Material shall be 10 20-cv-02048-H-JLB 1 already properly in the Disclosing Person’s possession or custody prior being produced in 2 this Action. To the extent such information may have been disclosed to anyone not 3 authorized to receive Confidential Discovery Material or Highly Confidential Discovery 4 Material under the terms of this Stipulation and Order, the Disclosing Party shall make 5 reasonable efforts to retrieve the Discovery Material promptly and to avoid any further 6 disclosure and shall provide written confirmation to the Disclosing Person that it has done 7 so. Failure to upward designate within thirty (30) days, alone, will not prevent a Party from 8 obtaining the agreement of the Disclosing Person to upward designate certain Discovery 9 Material or from moving the Court for such relief. 10 7. DISCLOSURE OF DISCOVERY MATERIAL PROTECTED BY THE 11 ATTORNEY-CLIENT PRIVILEGE, WORK PRODUCT DOCTRINE, FEDERAL 12 OR STATE REGULATION, OR FOREIGN LAW. 13 7.1 This Stipulation and Order is without prejudice to any Disclosing Person’s 14 right to assert that any Discovery Material is subject to any applicable claim of privilege 15 or protection, including, but not limited to, the attorney-client privilege and the work 16 product doctrine, or is subject to any federal or state regulations prohibiting the disclosure 17 of such material (including material that constitutes Confidential Supervisory Information 18 or SAR Related Material), and is without prejudice to any Party’s right to contest such a 19 claim of privilege or protection. 20 7.2 Consistent with Federal Rule of Evidence 502(d), if a Party or non-party 21 notifies any other Party that it disclosed Discovery Material that is (a) protected from 22 disclosure under the attorney-client privilege, the work product doctrine, any other 23 applicable privilege or immunity, or that is subject to any federal or state regulations 24 prohibiting the disclosure of such material (including material that constitutes Confidential 25 Supervisory Information or SAR Related Material) (“Privileged Material”) or (b) Foreign 26 Law Restricted Material, and requests that such Discovery Material be returned, redacted, 27 or destroyed, the disclosure shall not by itself be deemed a waiver in whole or in part of 28 the applicable privilege or protection, either as to the specific material or information 11 20-cv-02048-H-JLB 1 disclosed or as to any of the material or information relating thereto or on the same or 2 related subject matter. 3 7.3 If a Disclosing Person believes that Privileged Material or Foreign Law 4 Restricted Material was inadvertently produced, that Disclosing Person shall notify in 5 writing any Party to which it produced the Privileged Material or Foreign Law Restricted 6 Material of the claim of privilege or protection and the basis for such claim to the extent 7 required by applicable local rules, such as Federal Rule of Civil Procedure 26 (a “Privileged 8 Material Production Notice”). When appropriate, the Disclosing Person will produce a 9 redacted version of such Discovery Material to the Receiving Party. Within ten (10) 10 business days of receipt of a Privileged Material Production Notice, any Party to which the 11 Privileged Material or Foreign Law Restricted Material was produced shall provide a 12 certification that all such disclosed Discovery Material (and any copies thereof) has been 13 returned or destroyed, and shall not use such items for any purpose until further order of 14 the Court. 15 7.3.1. If the Receiving Party determines that it has received Discovery 16 Material that constitutes Privileged Material or Foreign Law Restricted Material, the 17 Receiving Party shall promptly notify the Producing Person in writing of such 18 determination (a “Privileged Material Receipt Notice”). Within ten (10) business days of 19 receipt of a Privileged Material Receipt Notice, the Disclosing Person shall provide to the 20 Receiving Party: (1) a redacted version of such Discovery Material; or (2) written notice 21 that a redacted version will not be provided and the legal basis for why it is not obligated 22 to do so. Within ten (10) business days of receipt the redacted version or written notice 23 that a redacted version will not be provided the Receiving Party shall destroy or return all 24 copies of such Discovery Material to the Disclosing Person, and shall provide a 25 certification of Counsel that all such disclosed Discovery Material (and any copies thereof) 26 has been returned or destroyed, and shall not use such items for any purpose until further 27 order of the Court. 28 /// 12 20-cv-02048-H-JLB 1 8. ACCESS TO AND USE OF PROTECTED MATERIAL. 2 8.1 Disclosure of Confidential Material: Unless otherwise ordered by the Court 3 or permitted in writing by the Disclosing Person, a Receiving Party may disclose any 4 information or item designated as “Confidential” only to the following persons: 5 6 8.1.1. The Court and court personnel in the Action and any appellate court in the Action. 7 8.1.2. The Receiving Party’s Outside Counsel to whom it is reasonably 8 necessary to disclose the information for the Receiving Party’s prosecution or defense of 9 the Action, and their legal, clerical, or support staff, including temporary or contract staff. 10 8.1.3. The Receiving Party’s In-House Counsel to whom it is reasonably 11 necessary to disclose the information for the Receiving Party’s prosecution or defense of 12 the Action. 13 8.1.4. The Parties’ insurers and insurers’ counsel participating in matters 14 relating to the Action and their legal, clerical, or support staff, including temporary or 15 contract staff. 16 8.1.5. The Receiving Party’s Principals. 17 8.1.6. Professional court reporters, their staffs, video operators transcribing 18 depositions or testimony in the Action, and Professional Vendors to whom disclosure is 19 reasonably necessary for the Action. 20 8.1.7. Persons who Counsel have a good faith basis to believe are authors or 21 recipients (including those referenced as “cc” or “bcc” recipients on a document 22 (collectively, “Copied Parties”)) of the Confidential Discovery Material or who had access 23 to or the authority to access or obtain such Confidential Discovery Material in the normal 24 or authorized course of business (including but not limited to such Person’s supervisor(s) 25 at or after the time the material was created). 26 8.1.8. Any person who is a current employee of the Disclosing Person. 27 8.1.9. Any witness who is called, or who Counsel for a Party in good faith 28 believes may be called, to testify at trial, or a hearing or deposition in the Action, provided 13 20-cv-02048-H-JLB 1 that (1) the testimony of such person has been duly noticed, or such person has been 2 identified as a person with knowledge in a Party’s Initial Disclosures or responses to 3 interrogatories, or has been listed on a Party’s pre-trial witness list; and (2) such person has 4 executed the Acknowledgment. 5 8.1.10. Any Expert to whom disclosure is reasonably necessary for the 6 Receiving Party’s prosecution or defense of the Action, provided that the Expert has first 7 executed the Acknowledgment, and further provided that any report created by such Expert 8 that relies on or incorporates Confidential Discovery Material in whole or in part shall be 9 designated as “CONFIDENTIAL” by the Party responsible for its creation. 10 11 8.1.11. Any mediator or arbitrator engaged by the Parties to the Action, provided such person has first executed the Acknowledgment. 12 8.1.12. Any other person or entity who Counsel for the Disclosing 13 Person agrees, after conferring in good faith, should have access to Confidential Discovery 14 Material or who, upon motion with good cause shown, or upon application made by a Party 15 (including by application made in the course of a deposition where the ability to show such 16 material to the deponent is at issue), the Court orders may have access. 17 18 8.1.13. Any disclosure permitted by this Section may be made only to the extent reasonably necessary to prosecute or defend the Action. 19 8.2 Disclosure of “Highly Confidential” Material. Unless otherwise ordered by 20 the Court or permitted in writing by the Disclosing Person, a Receiving Party may disclose 21 any information or items designated as “Highly Confidential” only to the following 22 persons: 23 24 8.2.1. The Court and court personnel in the Action and any appellate court in the Action. 25 8.2.2. The Receiving Party’s Outside Counsel to whom it is reasonably 26 necessary to disclose the information for the Receiving Party’s prosecution or defense of 27 the Action, and their legal, clerical, or support staff, including temporary or contract staff. 28 /// 14 20-cv-02048-H-JLB 1 8.2.3. The Receiving Party’s In-House Counsel to whom it is reasonably 2 necessary to disclose the information for the Receiving Party’s prosecution or defense of 3 the Action. 4 8.2.4. The Parties’ insurers and insurers’ counsel participating in matters 5 relating to the Action and their legal, clerical, or support staff, including temporary or 6 contract staff. 7 8.2.5. Professional court reporters, stenographers, video operators 8 transcribing depositions or testimony in the Action, and Professional Vendors to whom 9 disclosure is reasonably necessary for the Receiving Party’s prosecution or defense of the 10 Action. 11 8.2.6. Any person who Counsel has a good faith basis to believe authored or 12 previously received the Highly Confidential Discovery Material (including “Copied 13 Parties”), or who had access to such Highly Confidential Discovery Material in the normal 14 course of business in their capacity as a co-worker in the same business unit or as a direct 15 or indirect supervisor of or compliance monitor of an author, recipient, or Copied Party of 16 such material. 17 18 8.2.7. For employee personnel files and compensation information, the employee to whom the personal documents and information relates. 19 8.2.8. During the conduct of or in preparation for their depositions, to anyone 20 who is a former or current employee of the Disclosing Person, provided that such person 21 has executed the Acknowledgment; 22 8.2.9. Any Expert to whom disclosure is reasonably necessary for the 23 Receiving Party’s prosecution or defense of the Action, provided that the Expert has first 24 executed the Acknowledgment, and further provided that any report created by such Expert 25 that relies on or incorporates Highly Confidential Discovery Material in whole or in part 26 shall be designated as “HIGHLY CONFIDENTIAL” by the Party responsible for its 27 creation. 28 /// 15 20-cv-02048-H-JLB 1 2 8.2.10. Any mediator or arbitrator engaged by the Parties to the Action, provided such person has first executed the Acknowledgment. 3 8.2.11. Any person or entity who Counsel for the Disclosing Person 4 agrees, after conferring in good faith, should have access to Highly Confidential Discovery 5 Material or who, upon motion with good cause shown, or upon application made by a Party 6 (including by application made in the course of a deposition where the ability to show such 7 material to the deponent is at issue), the Court orders may have access. 8 9 8.2.12. Any disclosure permitted by this section may be made only to the extent reasonably necessary to prosecute or defend the Action. 10 8.3 Responsibility for Compliance. The Receiving Party and/or Counsel for the 11 Receiving Party that receives “Confidential” or “Highly Confidential” Discovery Material 12 from the Disclosing Person shall be responsible for assuring compliance with the terms of 13 this Stipulation and Order with respect to all persons to whom such “Confidential” or 14 “Highly Confidential” Discovery Material is disclosed and shall obtain and retain the 15 original Acknowledgements executed by qualified recipients of “Confidential” or “Highly 16 Confidential” Discovery Material (if such execution is required by the terms of this 17 Stipulation and Order). 18 9. DISCLOSURE OF PERSONAL DATA OR NON-PUBLIC PERSONAL 19 FINANCIAL INFORMATION. Any Disclosing Person or Receiving Party may seek 20 additional orders from the Court that such Party believes may be necessary to comply with 21 any Personal Data or Non-Party Financial Information Law. 22 10. COURT FILINGS. Any Receiving Party who seeks to file with the Court 23 any Discovery Materials that have previously been designated by any Producing Party as 24 “Confidential” or “Highly Confidential,” shall either (a) obtain the Producing Party’s 25 permission to remove the “Confidential” or “Highly Confidential” designation for the 26 Discovery Material, or (b) comply with local rules, the Federal Rules of Civil Procedure, 27 and governing case law regarding filing confidential materials under seal. 28 /// 16 20-cv-02048-H-JLB 1 2 11. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. 3 11.1 If, at any time, any Discovery Material governed by this Stipulation and Order 4 are subpoenaed from any Party by any court, administrative or legislative body, or by any 5 other person or entity purporting to have authority to require the production thereof, the 6 Party to which the subpoena is directed shall, to the extent permitted by applicable law and 7 the rules and requirements of any relevant governmental or regulatory authority, promptly, 8 and in no event more than five (5) business days after receipt of the subpoena, if reasonably 9 practicable, give written notice to the relevant Disclosing Person and must include a copy 10 of the subpoena or request. 11 11.2 To the extent permitted by law, the Party to which the subpoena is directed 12 shall not produce material for at least ten (10) business days after notice of the subpoena is 13 provided to the Disclosing Person in order to provide the Disclosing Person a reasonable 14 period of time in which to seek to quash, limit or object to the subpoena, or to move for 15 any protection for the Discovery Material. 16 11.3 If the Party to which the subpoena is directed is compelled by applicable law 17 or a court order to respond to the subpoena or request in less than ten business (10) days, 18 the Party to whom the subpoena is directed shall, to the extent permitted by law, notify the 19 Disclosing Person of this fact. In no event shall such Discovery Material subject to this 20 Order and Stipulation be produced to a third party by a Party pursuant to a subpoena 21 without providing the Disclosing Person an opportunity to quash, limit or object, absent a 22 court order to do so or as otherwise required by law. 23 12. 24 12.1 Entry of this Stipulation and Order shall be without prejudice to any Party’s 25 motion for relief from or the modification of the provisions hereof or to any other motion 26 relating to the production, exchange, or use of any document or ESI, or other information 27 in the course of the Action. If, at any time, a Party objects to a designation or upward 28 designation of Discovery Material as “Confidential” or “Highly Confidential,” that Party CHALLENGES TO DESIGNATIONS. 17 20-cv-02048-H-JLB 1 shall notify the Disclosing Person (or the designating Party, as applicable), in writing, of 2 its disagreement and specifically identify the information in dispute. 3 12.2 Following receipt of the written notification under section 12.1 of this 4 Stipulation and Order, counsel for the Disclosing Person (or the designating Party, as 5 applicable) and the Party challenging the designation shall meet and confer in an effort to 6 resolve any disagreement. If, despite their good faith effort, the Parties do not resolve their 7 disagreement within ten (10) days of the Disclosing Person’s or Receiving Party’s receipt 8 of the written notice, any Party contesting the designation may thereafter apply to the Court 9 on notice, consistent with the governing local rules and individual practices of the assigned 10 judge, for a ruling on the propriety of the designation. 11 12.3 Where a Party challenges a designation of “Confidential” or “Highly 12 Confidential,” the challenging Party must initiate the motion before the Court, but it is the 13 burden of the Disclosing Person (or the designating Party, as applicable) seeking protection 14 under this order to demonstrate that the designation is appropriate. 15 12.4 Until the challenging Party applies to the Court for a ruling on the designation 16 and until the Court rules on that motion, the Discovery Material in question will be treated 17 as “Confidential” or “Highly Confidential” under this Stipulation and Order, and a 18 challenge under this section shall not affect a Party’s right of access to “Confidential” or 19 “Highly Confidential” Discovery Material or to disclose information as provided for in this 20 Stipulation and Order. A Party’s failure to mount a challenge promptly after the original 21 designation is made does not by itself waive its right to challenge a “Confidential” or 22 “Highly Confidential” designation. 23 13. INADVERTENT DISCLOSURE OF PROTECTED MATERIAL BY 24 RECEIVING PARTY. If a Receiving Party learns that, by inadvertence, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulation and Order, the Receiving Party must immediately (a) notify in writing the 27 Disclosing Person of the unauthorized disclosures; (b) use its best efforts to retrieve all 28 copies of the Protected Material; (c) inform the person or persons to whom unauthorized 18 20-cv-02048-H-JLB 1 disclosures were made of all the terms of this Stipulation and Order; and (d) request such 2 person or persons to execute the Acknowledgement. 3 14. PRE-TRIAL APPLICATION ONLY. This Stipulation and Order shall 4 apply to pre-trial proceedings in the Action and shall have no application at trial. The 5 Parties agree to confer in good faith on a protective order to govern during trial in the 6 Action. This Stipulation and Order, however, shall remain in effect until such time as an 7 order to govern trial proceedings is entered. 8 15. 9 15.1 All provisions of this Stipulation and Order restricting the use of Discovery 10 Material shall continue to be binding after the conclusion of the Action unless otherwise 11 agreed or ordered by the Court. Within ninety (90) days of the conclusion of the Action 12 (whether by entry of a final order of dismissal, judgment, settlement, or disposition on 13 appeal, or otherwise, and where the time for any further appeals has expired), all Parties in 14 receipt of Discovery Material in the Action shall make commercially reasonable efforts to 15 either return such materials and copies thereof to the Disclosing Person or destroy such 16 materials and certify that fact. The Receiving Party is not required to return or destroy 17 Discovery Material that (i) is stored on backup storage media made in accordance with 18 regular data backup procedures for disaster recovery purposes; (ii) is located in the email 19 archive system or archived electronic files of departed employees; (iii) must be retained 20 pursuant to the Receiving Party’s legal or regulatory retention obligations or (iv) is subject 21 to legal hold obligations; provided however, that these materials continue to be subject to 22 the terms of this Stipulation and Order. Backup storage media will not be restored for 23 purposes of returning or certifying destruction of Discovery Material but such retained 24 information shall continue to be treated in accordance with the Stipulation and Order. 25 Counsel of record shall also be permitted to keep a copy of Discovery Material to the extent 26 that it is incorporated into any pleadings, motions, or other work product. In that case, 27 counsel of record shall continue to treat the Discovery Material in accordance with this DURATION OF ORDER/RETURN OF DISCOVERY MATERIAL. 28 19 20-cv-02048-H-JLB 1 Stipulation and Order. Upon request, counsel of record shall certify in writing that they 2 have complied with this section. 3 15.2 What the Court Shall Do with Confidential Documents. Absent an ex parte 4 motion made within 10 calendar days of the termination of the case, the Parties understand 5 that the Court will destroy any confidential documents in its possession. 6 16. RESERVATION OF RIGHTS. Nothing contained in this Stipulation and 7 Order or any designation of confidentiality hereunder, or any failure to make such 8 designation, shall be used or characterized by any Party as an admission by another Party. 9 Nothing in this Stipulation and Order shall be deemed an admission that any particular 10 information designated as “Confidential” or “Highly Confidential” is entitled to protection 11 under the Stipulation and Order, Federal Rule of Civil Procedure 26(c), or any other law. 12 Nothing in this Stipulation and Order shall be construed as granting any person or entity a 13 right to receive specific “Confidential” or “Highly Confidential” information where a court 14 has entered an order precluding that person or entity from obtaining access to that 15 information. The Parties specifically reserve the right to challenge the designation of any 16 particular information as “Confidential” or “Highly Confidential” and agree that by 17 stipulating to entry of this Stipulation and Order, no Party waives any right it otherwise 18 would have to object to disclosing or producing any information or item on any ground not 19 addressed in this Stipulation and Order. Nothing in this Stipulation and Order shall affect 20 the right of any Party or non-party to oppose or object to any request for discovery on any 21 ground permitted by the Federal Rules of Civil Procedure or other applicable law or 22 procedural rule, and no Party shall be deemed by virtue of this Stipulation and Order to 23 have waived any right it otherwise would have to object to disclosing or producing any 24 matter on any such ground. Similarly, no Party waives any right to object on any ground 25 to introduction or use as evidence of any of the Discovery Material covered by this 26 Stipulation and Order. 27 /// 28 /// 20 20-cv-02048-H-JLB 1 17. 2 17.1 The recipient of any Discovery Material shall maintain such material in a 3 secure and safe area and shall exercise a standard of due and proper care with respect to 4 the storage, custody, use, and/or dissemination sufficient to safeguard against unauthorized 5 or inadvertent disclosure of such material. Discovery Material shall not be copied, 6 reproduced, extracted or abstracted, except to the extent that such copying, reproduction, 7 extraction or abstraction is reasonably necessary for the conduct of the Action. All such 8 copies, reproductions, extractions, and abstractions shall be subject to the terms of this 9 Stipulation and Order and labeled in the same manner as the designated material on which 10 STANDARD OF CARE. they are based. 11 17.2 In addition, the recipient of “Confidential” or “Highly Confidential” 12 Discovery Materials shall protect these materials with the same degree of care that they use 13 to protect and safeguard their own like information. Such measures shall include, but are 14 not limited to, restricting access to the data to persons employed by Counsel or Experts 15 who are actively assisting Counsel and Experts in the Action, and ensuring that the data is 16 not copied, reproduced, extracted or abstracted except to the extent that such acts are 17 reasonably necessary for the conduct of the Action. Any such copies, reproductions, 18 extractions or abstractions are “Confidential” or “Highly Confidential” Discovery 19 Materials and are subject to the same restrictions and controls. 20 18. USE AND DISCLOSURE OF OWN INFORMATION. Nothing in this 21 Stipulation and Order shall be construed to limit any Disclosing Person’s use or disclosure 22 of its own documents, materials, or information that have been designated as 23 “Confidential” or “Highly Confidential” pursuant to this Stipulation and Order. 24 19. EFFECT ON OTHER AGREEMENTS. Nothing in this Stipulation and 25 Order shall be construed to effect, amend, or modify any existing confidentiality 26 agreements between, or protective orders applicable to, any of the Parties hereto. 27 /// 28 /// 21 20-cv-02048-H-JLB 1 20. 2 20.1 This Stipulation and Order may be changed only by an order of this Court. 3 Except as provided herein, this Stipulation and Order shall not prejudice the right of any 4 Party or non-party hereto to move the Court to broaden or restrict the rights of access to 5 and use of particular Discovery Material, or to seek modification of this Stipulation and 6 Order upon notice to all other Parties and affected non-parties. MODIFICATION. 7 20.2 Modification of the Protective Order by the Court. The Court may modify the 8 terms and conditions of the Protective Order for good cause, or in the interest of justice, or 9 on its own order at any time in the proceedings in this Action. 10 21. 11 21.1 The Parties shall serve a copy of this Stipulation and Order simultaneously 12 with any subpoena or other request for documents or information issued to any non-party 13 in connection with the Action. Any Party may petition the Court to seek to enforce 14 compliance with any non-party subpoena served in this matter by any other Party, provided 15 that nothing herein shall be construed to prevent or limit any non-party from opposing such 16 petition or from petitioning or applying to the Court or other authorities for protective 17 measures in connection with such non-party subpoenas. NON-PARTY DISCOVERY. 18 21.2 A non-party from which discovery is sought by one or more Parties to the 19 Action may designate Discovery Material that it produces as “CONFIDENTIAL” or 20 “HIGHLY CONFIDENTIAL” consistent with Section 3 and the other terms of this 21 Stipulation and Order. Under such circumstances, Discovery Material designated 22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” by a non-party shall be assigned the 23 same protection as Discovery Material so designated by a Party that is a Disclosing Person, 24 and all duties applicable to a Party that is a Disclosing Person under this Stipulation and 25 Order shall apply to the non-party Disclosing Person. 26 22. NEW PARTIES TO THE ACTION. In the event that additional persons or 27 entities become parties to the Action, such parties shall not have access to Confidential or 28 Highly Confidential Material produced by or obtained from any Disclosing Person until 22 20-cv-02048-H-JLB 1 the newly joined parties or their counsel endorse a copy of the Acknowledgement and file 2 it with the Court. 3 23. GOVERNING LAW. Except to the extent that federal law may be 4 applicable, notwithstanding the applicable law(s) in the Action, this Stipulation and Order 5 is governed by, interpreted under, and construed and enforced in accordance with the laws 6 of the State of California, without regard to conflict of law principles. 7 24. RELATION TO ANY COURT OR LOCAL RULES. Without separate 8 court order, the Protective Order and the Parties’ stipulation do not change, amend, or 9 circumvent any court rule or local rule. 10 11 IT IS SO ORDERED. Dated: November 12, 2021 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23 20-cv-02048-H-JLB 1 EXHIBIT A 2 Zions Bancorporation, N.A., v. JPMorgan Chase Bank, N.A., 3 U.S. District Court, Southern District of California, Case No. 20-cv-02048-H-JLB 4 ACKNOWLEDGMENT FOR THE USE OF CONFIDENTIAL OR HIGHLY 5 CONFIDENTIAL INFORMATION 6 I, _________________, state that: 7 1. My business address is _________________________________________ . 8 2. My present employer is _________________________________________. 9 3. My present occupation or job description is __________________________ 10 11 12 13 14 _______________________________________________________________________. 4. I have received a copy of the Stipulation and Order (the “Stipulation and Order”) entered in the above-caption action (the “Action”) on ____________________. 5. I have carefully read and understand the provisions of the Stipulation and Order. 15 6. I will comply with all of the provisions of the Stipulation and Order. 16 7. I will hold in confidence, will not disclose to anyone not qualified under the 17 Stipulation and Order, and will use only for purposes of this Action, any Confidential or 18 Highly Confidential Material that is disclosed to me. 19 8. At the conclusion of my work on this matter, I will return or destroy, to the 20 extent permitted by law, all Confidential or Highly Confidential Material that comes into 21 my possession, and documents or things that I have prepared relating thereto, to counsel 22 for the Party by whom I am employed or retained, or to counsel from whom I received the 23 Confidential or Highly Confidential Material. 24 25 9. I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the Stipulation and Order in this Action. 26 27 Dated: _____________ By: __________________________________ 28 1 20-cv-02048-H-JLB
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
