Free Motion for Protective Order - District Court of California - California

Case 3:07-cv-02146-IEG-LSP

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Kathryn A. Bernert, State Bar No. 127418 Karen M. Clemes, State Bar No. 199865 Liseanne R. Kelly, State Bar No. 211782 LUCE, FORWARD, HAMILTON & SCRIPPS LLP 11988 El Camino Real, Suite 200 San Diego, California 92130-2594 Telephone No.: 858.720.6300 Fax No.: 858.720.6306 Attorneys for Defendants HSBC AUTO FINANCE INC. and HSBC FINANCE CORPORATION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

DEVOHN L. FLOWERS; ANALIA HERNANDEZ; and LISA APPLEGATE, Plaintiffs, v. HSBC AUTO FINANCE INC; HSBC FINANCE CORPORATION; and DOES 1 through 10, Inclusive, Defendants.

CASE NO. 07 CV 2146 IEG (LSP) JOINT MOTION FOR PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT Judge: Trial Date: Hon. Leo S. Papas None Set

WHEREAS, defendants HSBC Auto Finance Inc. and HSBC Finance Corporation ("Defendants") and plaintiffs Devohn Flowers, Analia Hernandez, and Lisa Applegate (collectively, "Plaintiffs"), have in their possession information which they contend may be confidential, private, or proprietary, which information has been or may be requested in discovery in the course of this litigation; and WHEREAS, the parties to this action desire to avoid further controversy regarding the potential disclosure of said documents and/or information; IT IS HEREBY STIPULATED by and between the parties hereto, through their respective counsel of record, as follows: /// 1
Case No. 07 CV 2146 IEG (LSP) JOINT MOTION FOR PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT

Case 3:07-cv-02146-IEG-LSP

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1.

After this Joint Motion for Protective Order and Confidentiality Agreement is

signed by counsel of record for both parties, said information will be contained in documents marked with the designation "CONFIDENTIAL" and shall hereafter be referred to herein as "CONFIDENTIAL INFORMATION." 2. Unless otherwise ordered by the Court, or agreed to in a written agreement signed

by Defendants' counsel of record and Plaintiffs' counsel of record in this action, the CONFIDENTIAL INFORMATION shall be used only in preparation for and/or trial of this action, United States District Court Southern District of California, CASE NO. 07 CV 2146 IEG (LSP) ("this Action"), and shall not be used for any other purpose whatsoever. 3. By producing the CONFIDENTIAL INFORMATION, the parties do not waive any

objection to its admissibility, relevance, privacy, or any other ground of objection, all of which grounds are specifically reserved. 4. Subject to paragraphs 10 and 11 below, CONFIDENTIAL INFORMATION shall

be treated as follows: a. CONFIDENTIAL INFORMATION shall not be disclosed by counsel of

record for Plaintiffs or Defendants to any person other than the following: (1) Counsel of record for Plaintiffs and Defendants, and attorneys,

paralegals, stenographic and clerical employees of such counsel who work under the direct supervision of such counsel in connection with this case; (2) (3) Named Plaintiffs and Defendants; Consultants and experts employed by counsel of record for Plaintiffs

and Defendants for the purpose of assisting in the preparation for and/or trial of this case; and (4) (5) b. The court and court personnel. Witnesses and potential witnesses in the case.

Any person identified in 4(a)(3), to whom disclosure of CONFIDENTIAL

INFORMATION is made, shall be advised of this Joint Motion for Protective Order and Confidentiality Agreement and, before disclosure is made, shall sign a copy of Exhibit A to this Joint Motion for Protective Order and Confidentiality Agreement, thus indicating that he or she 2
Case No. 07 CV 2146 IEG (LSP) JOINT MOTION FOR PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT

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agrees to abide by the terms of this Joint Motion for Protective Order and Confidentiality Agreement and to be subject to the jurisdiction of this Court for purposes of enforcement of this Joint Motion for Protective Order and Confidentiality Agreement. Counsel for the opposing party shall be provided immediately with a copy of Exhibit A to the Joint Motion for Protective Order and Confidentiality Agreement and bearing the name, company, address, telephone number and signature of any such person before any CONFIDENTIAL INFORMATION is disclosed to such person. However, if counsel retains an expert outside consultant whom they do not designate as an expert, then counsel need not forward Exhibit A to the Joint Motion for Protective Order and Confidentiality Agreement until the conclusion of the litigation. c. Any person identified in 4(a)(5) may be shown, but shall not be allowed to

retain, a copy of docume nts containing CONFIDENTIAL INFORMATION, only if the following procedures are complied with. Any person identified in 4(a)(5) to whom disclosure of

CONFIDENTIAL INFORMATION is made shall be advised of this Joint Motion for Protective Order and Confidentiality Agreement and, before disclosure is made, shall sign a copy of Exhibit A to this Joint Motion for Protective Order and Confidentiality Agreement, thus indicating that he or she agrees to abide by the terms of this Joint Motion for Protective Order and Confidentiality Agreement and to be subject to the jurisdiction of this Court for purposes of enforcement of this Joint Motion for Protective Order and Confidentiality Agreement. The counsel who has shown the witness the CONFIDENTIAL INFORMATION shall retain a copy of the signed Exhibit A and will be required to provide it to opposing counsel if and when that counsel refers to or proffers the name of the witness or the testimony of the witness as part of discovery requests or responses or in a filing with the court in this case. If counsel does not ever proffer the name or testimony of the witness during the case, then the signed Exhibit A for such a witness shall be provided to opposing counsel when this case is resolved by judgment or settlement. 5. If any counsel intends to mark as exhibits any CONFIDENTIAL INFORMATION,

or discuss the contents of such in any deposition, the court reporter or transcriber who reports or transcribes testimony in this action shall be informed about this Joint Motion for Protective Order and Confidentiality Agreement and shall be asked to take appropriate steps to preserve 3
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confidentiality under the terms of this Joint Motion for Protective Order and Confidentiality Agreement. Portions of deposition or hearing transcripts or exhibits thereto discussing or relating to CONFIDENTIAL INFORMATION may be designated "Confidential" by counsel for the parties, either by making an appropriate statement on the record at the deposition or hearing, or by written notice to counsel for the opposing party within 30 days of receipt of the deposition or hearing transcript. All deposition or pretrial hearing transcripts shall be treated as if designated as confidential until after such 30-day period has expired. Portions of deposition or hearing

transcripts designated as "confidential" shall be treated as if they contained CONFIDENTIAL INFORMATION. 6. Counsel agree to provide opposing counsel thirty (30) days advance notice, if

practicable, in the event counsel intends to deposit or file with the Court CONFIDENTIAL INFORMATION produced by opposing party. Parties wishing to lodge CONFIDENTIAL

INFORMATION under seal must obtain permission from the Court to do so via a joint motion or motion to seal. Counsel agree to reasonably cooperate with opposing counsel to obtain an order to shorten time for hearing of a motion to seal the CONFIDENTIAL INFORMATION. Even though counsel for the parties agree to cooperate, each party may contend that the CONFIDENTIAL INFORMATION is not entitled to protection. 7. The fact that CONFIDENTIAL INFORMATION has been designated as

"confidential" shall not be admissible during the trial of this case, nor shall the jury be advised of such designation. 8. Upon final determination of this case, whether by judgment, settlement, or

otherwise, including all appeals: a. Counsel of record and any other person who has received CONFIDENTIAL

INFORMATION shall assemble and return to opposing counsel all material so produced, along with all copies, extracts, summaries and compilations thereof (except material constituting the work product of any counsel which shall be kept confidential thereafter). /// /// 4
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b.

The Clerk of the Court shall return to counsel all CONFIDENTIAL

INFORMATION that has been filed or lodged with the Court under seal; 9. After the final determination of this case, the Court shall retain jurisdiction over

each party to this case for the purpose of enforcing the terms of this Joint Motion for Protective Order and Confidentiality Agreement. 10. This Joint Motion for Protective Order and Confidentiality Agreement shall

become effective as a stipulation among the parties immediately upon its execution by counsel for all parties, notwithstanding the pendency of approval by the Court. If approval by the Court is ultimately withheld or made conditional, no party shall treat any CONFIDENTIAL INFORMATION in any fashion other than as provided in this Joint Motion for Protective Order and Confidentiality Agreement without giving the producing party sufficient prior notice to allow for application to the Court for additional relief. 11. A party that disagrees with another party's designation of information as

CONFIDENTIAL INFORMATION shall provide written notice to the other party. Counsel shall meet and confer to attempt to resolve any such dispute, and if the dispute is not resolved, may seek a Court Order that the information at issue should not be treated as CONFIDENTIAL INFORMATION. The execution of this Joint Motion for Protective Order and Confidentiality Agreement shall not preclude any party from moving the Court for other or further protective orders in the course of this litigation. This Confidentiality Agreement and Protective Order is /// /// /// /// /// /// /// /// /// 5
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subject to amendment and modification by further written agreement among counsel of record or by the Court based on public policy or other considerations. DATED: May 8, 2008 DEASON & ARCHIBOLD

By: s/ David D. Deason David D. Deason Attorneys for Plaintiffs

DATED: May 8, 2008

LUCE, FORWARD, HAMILTON & SCRIPPS LLP

By: s/ Karen M. Clemes Kathryn A. Bernert Karen M. Clemes Liseanne R. Kelly Attorneys for Defendants HSBC AUTO FINANCE INC. and HSBC FINANCE CORPORATION
101084362.1

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Case No. 07 CV 2146 IEG (LSP) JOINT MOTION FOR PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT

Case 3:07-cv-02146-IEG-LSP

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EXHIBIT "A" AGREEMENT TO ABIDE BY CONFIDENTIALITY AGREEMENT The undersigned hereby certifies that he or she has received, reviewed carefully and understands the Joint Motion for Protective Order and Confidentiality Agreement and the Protective Order signed by the Court ("Confidentiality Agreement and Order"), copies of which are attached to this Agreement, entered in the litigation styled: Devohn Flowers et al. v. HSBC Auto Finance Inc. et al., United States District Court (Southern District) Case No. 07 CV 2146 IEG (LSP). The undersigned further certifies that he or she agrees to be bound by the

Confidentiality Agreement and Order. The undersigned hereby submits to the jurisdiction of the Court for purposes of the administration and enforcement of the Confidentiality Agreement and Order.

_________________________________________________ Signature _________________________________________________ Print Name

_________________________________________________ Address

_________________________________________________ City State Zip Code

_________________________________________________ Work Telephone Number

_________________________________________________ Home Telephone Number

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Case No. 07 CV 2146 IEG (LSP) JOINT MOTION FOR PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT