Aurora Bank, FSB v. Paramount Residential Mortgage Group, Inc.
Filing
23
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 3/21/13. (bnbcd, )
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-03235-REB-BNB
AURORA BANK, FSB
Plaintiff,
v.
PARAMOUNT RESIDENTIAL MORTGAGE
GROUP, INC.
Defendant.
[PROPOSED] STIPULATED PROTECIVE ORDER
Plaintiff Aurora Bank, FSB (hereinafter “Plaintiff”), and Defendant Paramount
Residential Mortgage Group, Inc. (“Defendant”) (collectively, the “Parties”), through their
respective undersigned counsel, hereby jointly submit for this Court’s approval, the following
[Proposed] Stipulated Protective Order, as follows:
I. Introduction.
Plaintiff and Defendant recognize that during the discovery phase of the above-captioned
action (the “Civil Action”), Plaintiff and Defendant, and each of them, may be required to
disclose private, confidential, and privileged information. To ensure that private, confidential,
and privileged information and documents that may be disclosed during the course of discovery
not be disseminated outside this litigation, Plaintiff and Defendant request the Court enter the
instant Protective Order to protect from further dissemination and/or public disclosure the
following categories of information: 1) sensitive and private personal financial information
concerning the borrowers of the loans; and 2) confidential, proprietary information of Plaintiff,
Defendant and/or their respective related companies.
II. Stipulated Protective Order.
Based upon the foregoing, the Parties, by and through their attorneys of record, hereby
agree and stipulate as follows:
1.
The provisions of this Protective Order shall control the disclosure, dissemination,
and use of “Confidential Information” (defined below) during the litigation of the Civil Action
by the Parties, as well as all such other persons or entities who agree to be bound by the
provisions of this Protective Order. The Parties and all other persons or entities who agree to be
bound by the provisions of this Protective Order shall hereinafter be referred to as “Covered
Parties.”
2.
Scope. This Protective Order shall apply to all documents, materials and/or
information, including without limitation, documents produced, answers to interrogatories,
responses to requests for admission, and deposition testimony, which shall be known as the
“Confidential Information.” “Confidential Information” shall include, but not be limited to, any
information, documents, or other data, whether tangible or in electronic and/or digital form, that
is produced to or exchanged between the Parties, and which has been designated as
“Confidential Information,” pursuant to this Protective Order.
3.
Designations. The parties understand and agree that designated “Confidential
Information” implicated in this case, includes, without limitation, documents, materials and/or
information that may contain or refer to any one or all of the following:
A.
information and/or documents that is/are required to be kept confidential
2
due to preexisting obligations, including contractual obligations; or
B.
any of the Parties’ sensitive business or technical information, trade
secrets, confidential research, development, business plans, new business development,
proprietary information, competitor market analysis, internal financial accounting
information, or other technical, policy, or commercial information, and that, if disclosed
to a business competitor, would provide a significant advantage to the party’s
competitors; or
C.
the personal identifying information (i.e., social security numbers, dates of
birth, etc.) and personal financial information of specific borrowers that is or may be
subject to additional nondisclosure protections under applicable provisions of federal,
state, and/or common law.
4.
Marking Confidential Information. All Confidential Information shall be
designated as such by affixing a stamp or label (electronic or otherwise) indicating its status as
“CONFIDENTIAL.” In the event that documents are produced electronically, they can be
designated either by imprinting the appropriate notice or by any Party producing a log indicating
what information, data or documents are to be treated with the appropriate designation. All
information conveyed or discussed in testimony at a deposition or a court proceeding for which
Confidential Information status is claimed shall be so designated, orally on the record whenever
possible, at the time the testimony is given or hearing is conducted or, in the case of a deposition,
no later than fifteen (15) days after receipt of the deposition transcript by the designating party or
entity. All portions of deposition testimony or hearing transcripts in which Confidential
Information is used or discussed and that is designated with a Confidential Information status
3
shall be treated with the protections afforded such information, as set forth herein.
5.
Later Designations of Confidential Information. The disclosure, exchange, or
production of Confidential Information that inadvertently was not designated as such shall not
constitute a waiver of the protections afforded such document or information. Any information
or documents not initially designated with the Confidential Information status may be so
designated at a later time, in writing to the Parties.
6.
Restrictions on Disclosure of Confidential Information. All Confidential
Information, and any notes, work papers, summaries, or other documents prepared from such
Confidential Information, shall be used by the receiving party solely in connection with the Civil
Action and shall not be disclosed by the receiving party other than as follows:
A.
To any person or entity who authored, received, or is mentioned in the
Confidential Information;
B.
The Court and its employees (“Court Personnel”); except that Paragraph 9 hereof
shall govern all submissions of Confidential Information to the Court.
C.
Trial Counsel for the Parties, including necessary secretarial, clerical and
paralegal personnel assisting with the litigation of this action;
D.
The Parties and any designated representative for the parties provided that:
i. such disclosure is necessary to assist in the prosecution or defense of the
litigation of this action ; and
ii. prior to disclosing any such Confidential Information to any such
employee of the Parties or any affiliated entity of any Party, that person or
entity execute an agreement in writing stating that he/she has read this
Protective Order and agrees to be bound by its provisions. An acceptable
form of such agreement is attached hereto as Exhibit A, and incorporated
herein by reference.
4
E.
Outside consultants and experts, and their staff, retained by any Party for the
purpose of assisting in the preparation of the litigation of this action, whether as a
testifying expert or a non-testifying consultant (collectively “Experts”) if, prior to
disclosing any Confidential Information to any such Expert, that Expert executes
an agreement in writing stating that he/she has read this Protective Order and
agrees to be bound by its provisions. An acceptable form of such agreement is
attached hereto as Exhibit A, and incorporated herein by reference.
F.
Any fact witness, provided that prior to disclosing any such Confidential
Information they execute an agreement in writing stating that he/she has read this
Protective Order and agrees to be bound by its provision. An acceptable form of
such agreement is attached hereto as Exhibit A, and incorporated herein by
reference.
G.
Court reporters, videographers, interpreters, and such other qualified persons
otherwise unconnected to any party but who are involved in taking testimony,
copying documents, and the like.
7.
Disclosure Agreements. The attorneys of record for the party receiving the
Confidential Information shall retain the original, executed Exhibit A agreements that have been
executed by those to whom disclosure has been made.
8.
Procedure for Challenging Designations. A party may object to the
designation of particular Confidential Information by giving written notice to the party
designating the disputed information. The written notice shall identify the information to
which the objection is made. If the parties cannot resolve the objection within ten (10)
5
business days after the time the notice is received, it shall be the obligation of the party
designating the information as Confidential to file an appropriate motion requesting that
the court determine whether the disputed information should be subject to the terms of this
Protective Order. If such a motion is timely filed, the disputed information shall be treated
as Confidential under the terms of this Protective Order until the Court rules on the
motion. If the designating party fails to file such a motion within the prescribed time, the
disputed information shall lose its designation as Confidential and shall not thereafter be
treated as Confidential in accordance with this Protective Order. In connection with a
motion filed under this provision, the party designating the information as Confidential
shall bear the burden of establishing that good cause exists for the disputed information to
be treated as Confidential.
A party may object to the designation by giving written notice to the party designating
the disputed information. The written notice shall identify the information to which the objection
is made. If the parties cannot, in good faith, resolve the objection within ten business days after
the time the notice is received, it shall be the obligation of the party designating the information
to file an appropriate motion requesting that the Court determine whether the disputed
information should be subject to the terms of this Protective Order.
9.
Filings with Court. Any request to restrict access must comply with the
requirements of D.C.COLO.LCivR 7.2. Whenever Confidential Information is used in,
included with, or the contents thereof are in any way disclosed in any pleading, motion,
deposition, transcript or other filing with the Court (“Pleadings”), such Pleading shall be filed
and kept under seal by the Clerk of this Court in accordance with any local rules governing
6
same.
10.
Depositions, Hearings, and Trial. No person may refuse to answer any question
at a deposition, hearing, or trial on the sole ground that the questions require the person to reveal
Confidential Information. Nothing contained in this Protective Order shall preclude the use of
Confidential Information at a deposition, in a hearing, or at trial, including any appeal of this
action.
11.
Use of Confidential Information At Trial. Except as otherwise provided above,
this Protective Order shall not affect or govern the use or admissibility of Confidential
Information at trial. Each party hereto shall be responsible for requesting appropriate relief from
the Court regarding trial testimony and exhibits, including but not limited to further protective
orders, trial management order provisions, motions in limine and/or objections.
12.
Modification. Any Covered Person may apply for modification of this Protective
Order, including relief from the terms of this Protective Order, modification of its terms, or the
imposition of additional protections, upon reasonable notice to the Parties and after the Covered
Party who seeks modification shall have contacted counsel for the Parties to attempt to resolve
the issues that are the subject of the modification.
13.
Conclusion of the Civil Action. Upon the request of a Covered Party following
the final disposition of the Civil Action, including all appeals therefrom, or the final disposition
of this action against any one or more of the Parties, the remaining Covered Parties, including
their Experts, shall destroy all Confidential Information, and certify to the requesting Covered
Party such destruction, or return to the requesting Covered Party all Confidential Information.
Notwithstanding the foregoing, counsel for each Covered Party may retain a record of the Civil
7
Action, irrespective of whether a Covered Party’s Confidential Information is included in the
correspondence, pleadings, discovery, notes, research, or other files maintained by the attorney
for purposes of representing his/her client in the litigation of this action.
14.
Continuing Jurisdiction. The Court shall retain jurisdiction over the Covered
Parties for the purpose of ensuring compliance with this Protective Order and granting such
amendments, modifications, and additions to this Protective Order, and such other and further
relief as may be necessary.
15.
Survival. This Protective Order shall survive the final disposition of this action,
by judgment, dismissal, settlement, appeal, or otherwise.
Dated March 21, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
8
SO STIPULATED.
Respectfully submitted, this 20th day of March 2013.
FOSTER GRAHAM MILSTEIN &
CALISHER, LLP
LINDQUIST & VENNUM LLP
s/Daniel K. Calisher
Daniel K. Calisher, Esq.
360 South Garfield Street, 6th Floor
Denver, Colorado 80209
(303) 333-9810
calisher@fostergraham.com
s/Patrick G. Compton
Patrick G. Compton, Esq.
600 17th Street, Suite 1800-S
Denver, Colorado 80202
(303) 573-5900
pcompto@lindquist.com
Attorneys for Plaintiff Aurora Bank, FSB
Attorneys for Defendant Paramount
Residential Mortgage Group, Inc.
9
EXHIBIT A
PERSONAL UNDERTAKING REGARDING PROTECTIVE ORDER
I, ___________________________ declare:
1.
My address is ________________________________________.
occupation is ________________________________.
My present
2.
I have received the Stipulated Protective Order (“Protective Order”) issued in Aurora
Bank, FSB v. Paramount Residential Mortgage Group, Inc. I have carefully read and understand
the provisions of the Protective Order.
3.
I will comply with all of the provisions of the Protective Order. I will hold in
confidence, will not disclose to anyone other than those persons specifically authorized by the
Protective Order, and will not copy or use except for purposes of this litigation, any information
designated as “CONFIDENTIAL” which I receive in this litigation, except to the extent such
Confidential Information is or becomes public information under the Protective Order.
4.
I will comply with Paragraph 13 of the Protective Order regarding the return or
destruction of all Confidential Information in my possession following the conclusion of this
litigation.
I declare under penalty of perjury that the foregoing is true and correct and that this
document is executed this ______ day of _____________, ______, at
___________________________.
Signature
Print Name
10
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
