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Bertelsen v. Citimortgage Inc.

United States District Court, D. Montana, Butte Division

March 20, 2017

CITIMORTGAGE, INC., and JOHN DOES 1-10, Defendants.


          Jeremiah C. Lynch United States Magistrate Judge.

         This matter comes before the Court upon stipulation of counsel for Plaintiff and Defendant for an order protecting the confidentiality of certain confidential and proprietary documents, the Plaintiff and Defendant (collectively, "Parties") hereby state as follows:

         The parties are expressly advised that any party wishing to file any document under seal, or close court proceedings pursuant to paragraphs 11 and 12 of this Order, respectively, shall seek leave of Court in accordance with the pertinent provisions of Local Rule 5.1, making the appropriate showing of good cause or compelling reasons as delineated in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Pintos v. Pacific Creditors Assn., 605 F.3d 665 (9th Cir. 2010).

         WHEREAS the Parties will engage in discovery in connection with the above-captioned action (the "Litigation"); and

         WHEREAS certain documents and information to be produced in response to that discovery may involve the disclosure of confidential business, financial, proprietary and trade secret information;

         The Court hereby orders as follows:

         1. For the purpose of this Protective Order, "Discovery Material" shall mean any portion of a document, interrogatory answer, discovery request or response, deposition testimony, or other tangible thing or information obtained through any means of pretrial disclosures, discovery, or subpoena, or any portion, summary, or extract thereof, served upon or filed by any Party to the Litigation or any subpoenaed non-Party in connection with formal or informal discovery, hearing, or trial proceeding, or in any pleading, motion, affidavit, declaration, brief, or other document submitted to the Court.

         2. For the purposes of this Protective Order, a "Designating Party" is a Party or non-Party that designates Discovery Material as "CONFIDENTIAL" pursuant to this Protective Order. Discovery Material designated as "CONFIDENTIAL" pursuant to the provisions of this Order constitutes "Confidential Discovery Material" under this Order. All Confidential Discovery Material, and any summaries or other descriptions of such Confidential Discovery Material, shall be subject to the applicable restrictions of this Protective Order. A "Producing Party" is a Party or non-Party that produces Discovery Material in this Litigation and a "Receiving Party" is a Party that receives Discovery Material from a Producing Party.

         3. "Confidential Discovery Material" is Discovery Material that is entitled to confidential treatment under Fed.R.Civ.P. 26(c)

         4. Discovery Material may be designated as "CONFIDENTIAL" by the Producing Party if the Producing Party reasonably and in good faith determines such Discovery Material constitutes material that is kept confidential and out of the public domain and is a trade secret or confidential research, development, or commercial or financial information entitled to confidential treatment under Fed.R.Civ.P. 26(c). Nothing shall be regarded as "Confidential" if it is in the public domain at the time of disclosure or becomes part of the public domain through no fault of the Requesting Party. Furthermore, nothing shall be regarded as "Confidential" if the Requesting Party can show that the information was in its rightful and lawful possession at the time of disclosure and was not otherwise subject to restriction as to disclosure; or the Requesting Party lawfully receives such information at a later date from a third party without restriction as to disclosure provided such third party has the right to make the disclosure to the Requesting Party. No Confidential Discovery Material or any copy, excerpt, or summary thereof, or the information contained therein, shall be delivered or disclosed to any person except as provided herein.

         5. A Producing Party may designate Discovery Material as confidential by marking the Discovery Material "CONFIDENTIAL" in a readily visible and noticeable manner. In the case of documents, interrogatory responses, and responses to requests for admission, Confidential Discovery Material shall be designated by a stamp or designation on each such document or response prior to production or service, except that where a Party produces documents for inspection pursuant to Fed.R.Civ.P. 34, the Party may designate any Confidential Discovery Material within 30 days of the date on which the Producing Party is notified by the Requesting Party of the specified documents that are requested to be copied. Any Party photocopying or otherwise duplicating Confidential Discovery Material shall ensure that the "CONFIDENTIAL" designation appears clearly on any such copies or duplicates. With respect to electronic data, videotapes, or other Discovery Material where it is difficult to affix a stamp or label on the Discovery Material itself, the notation "CONFIDENTIAL" may be plainly marked on a label affixed to the disk, tape, or other medium on which the Discovery Material is stored rather than affixed to the Discovery Material itself. The Producing Party must take care to designate for protection only those parts of the Discovery Materials that qualify for protection.

         6. If any non-Party receives a request or subpoena seeking documents or tangible things and the requested documents or tangible things contain Confidential Discovery Materials, then the non-Party may designate such material as confidential in accordance with Paragraph 5. Non-Party Confidential Discovery Materials designated as such, or any copy, excerpt, or summary thereof, or the information contained therein, shall be subject to all of the conditions and limitations set forth in this Protective Order. Any non-Party that desires to protect its claim of confidentiality by adhering to these procedures submits to the jurisdiction of this Court with regard to any proceedings related to the non-Party's claim of confidentiality and bears the burden of establishing its claim to confidentiality in such proceedings.

         All other Discovery Material produced by a non-Party shall be treated in a manner consistent with a designation of "CONFIDENTIAL" under Paragraph 5 until 28 days from receipt by the Parties. During that time, any Party may designate Discovery Material provided by the non-Party as "CONFIDENTIAL" by written notification to counsel for the other Parties. The Designating Party shall thereafter provide the other Parties with an exact copy of the Discovery Materials marked "CONFIDENTIAL" at no cost to the other Parties and such materials shall be fully subject to this Protective Order as if they had been initially so designated.

         7. Discovery Material designated as "CONFIDENTIAL" may be disclosed only to the following persons, except upon the prior written ...

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