WILLIAMS v. FANNIE MAE — Entry #29: STIPULATION AND PROTECTIVE ORDER

- ASSOCIATION, RICHARD LAWCH,

Gase 1:05-cv-01483-JDB Documeni 290 | Filed 1a/ig/2008 Page 1 of 6

oN THE UNITED STATES DISTRICT COURT FILED
. FOR THE DISTRICT OF COLUMBIA |
_ DEC 1 9 2006

ce ha NANCY MAYER WHITTINGTON, CLERK
Civil Action No. 1:05cv01483 J.S, DISTRICT COURT

-MARIALICE BATHRUS WILLIAMS,

7 rt a |

Plaintiff, ee
» Judge John D. Bates

FEDERAL NATIONAL MORTGAGE

AND GRACE HUEBSCHER, | STIPULATION AND PROTECTIVE
- ORDER

~ Defendants.

Plaintiff Marialice Bathrus Williams and defendants Federal National Mortgage
Association (“Fannie Mae”), Richard Lawch and Grace, Huebscher (collectively, “Parties”) by
and through their respective counsel, having stipulated and agreed that an order pursuant to

Federal Rule of Civil Procedure 26(c) is necessary to protect documents and other information in

. the above-captioned action (“Action”), it is hereby ORDERED THAT:

Lo SCOPE OF ORDER

This Stipulation and Protective Order (“Protective Order” or “Order’’) includes in its
| scope all documents, things and information (including all documents and tangible things as
| defined in Rule 34(a) of the Federal Rules of Civil Procedure or any applicable local rule) that
are produced, disclosed or filed in the Action by or on behalf of any Party or non-party,
voluntarily or involuntarily, whether pursuant fo formal or informal discovery requests,
subpoena, deposition, notice, motion practice or trial, and whether revealed in a document,
‘deposition, a response to any type of written discovery, a submission to the Court, testimony

1

adduced at trial, ntroduced into evidence or otherwise disclosed (“Litigation Material’).

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Case 1:05-cv-01483-JB5  DBocum

Hi. DESIGNATION OF CO!

ent29 Filed 12/19/2006 Page 2 of 6

NFIDENTIAL INFORMATION

A, A Party shall have the right to
contains or discloses such Party’s confidentis
proprietary commercial, financial or research
public domain (“Confidential Information”).

B. All Litigation Material that a |
to the terms of the Protective Order must be ¢
conspicuously stamping the word “CONFIDE

multipage document in which the pages are (

so stamped) or, in the case of other informatir

iW
a

designate confidential any Litigation Material that

il business information, trade secrets or sensitive

information that has not been released into the

Party claims is Confidential Information and subject
lesignated as Confidential Information by

INTIAL” on each page (except that in the case of

onsecutively numbered, only the first page need be

bn, by notifying the other Parties in writing.

Confidential Information disclosed at a deposition shall be designated as such on the record or by

a letter to all counsel of record within 30 days
period elapses, the Parties shall treat such dep
Information.

Il. RESTRICTIONS ON USE OF

of receiving the transcript. Until the 30-day

osition material and testimony as Confidential

CONFIDENTIAL INFORMATION

Confidential Information shall be used
appeal of this Action and for no other purpose
use of its own documents, things or informatic
or disseminated to anyone, except:

A. The undersigned counsel for th
counsel to whom it is necessary that the infort
in-house counsel and current employees of th«
or defense of this case and their secretaries, cl

B. The Court, the jury, court persc

solely for the purposes of preparation, trial and
, except that nothing herein shall limit any Party’s

yn, Confidential Information shall not be disclosed

e Parties and the regular employees of outside
nation be disclosed for purposes of this Action, and
> Parties who are in fact assisting in the prosecution
erks and legal assistants;

nel, and court reporters, provided that prior to


Case 1:05-cv-01483-JBB Docurbent au

filing any Confidential Information, the Party
with the provisions set forth in Paragraph IV

C. Any other person, entity or fir

Filed 12/19/2006 Page oof 6

r attempting to file such information must comply
IC) and (D) below;

m with the prior written consent of the Party who

designated the material as Confidential Information; and,

D. Any expert retained by a Party
deposition), but only after complying with th:

E, Lf a Party that received Confid
obligated to disclose the information in respo;
Receiving, Party shall give prompt written not
Information (“Producing Party”) within five ¢
allow the Producing Party the opportunity to j
enforcement of the subpoena and/or entry of

which the subpoena was issued.

IV.

r, ora deponent (solely for purposes of his/her

> provisions set forth in Paragraph IV(B) below.
ential Information (“Receiving Party”) becomes
nse to a lawful subpoena or other legal process, the
ace to the Party that. produced the Confidential

alendar days from receipt of the written notice to

intervene and seek judicial protection from the

in appropriate protective order in the Action in

L. PROVISIONS

GENERAI]
A. If, prior to the date of this Prot
or otherwise disclosed Litigation Material, thd
shall not disclose it to anyone outside of their
Order. During those ten days, counsel for the:
Confidential Information, in which event cour
returning the documents, things and informatiy
Information may be appropriately marked. In
disclosed documents, things and information ‘
order, such Confidential Information shail be

B. Each person to whom Confider

pctive Order, any Party shall have already produced

undersigned counsel for the Receiving Parties

law firms until ten days after the entry of this

Producing Party may im writing designate

sel for the Receiving Party shall be responsible for

bn to the Producing Party so that the Confidential

the event a Producing Party produced or other
narked “CONFIDENTIAL” prior to entry of this
protected by this Order.

tial Information will be disseminated (other than


Case 1:05-cv-01483-JDB — Docun}

| the Parties, the attomeys for the Parties and t
and court reporters) will be required, prot to
- this Order and to agree, in writing, to be bour
subject to the jurisdiction of this Court for the
Receiving Party shall maintain a list of all suc
person to that effect, and shall provide copies
' camera inspection if any Party files a motion

C.

Any hearing which refers to o1
Court’s discretion, be held in camera. Before

- Information in a court hearing, that Party mus

Nothing contained herein shall be deemed to |

ent29 Filed 12/79/2006 Page 4 of6

heir employees, the Court, the jury, court personnel
1
any dissemination, to receive and read a copy of

id by the terms of this Order, and to be personally

- purpose of enforcement hereof. Counsel for any
rh persons along with the written agreement of each
of such written agreements to the Court for in

to enforce this Order.

describes Confidential Information may, in the

a Party may refer to or describe Confidential

t request that the hearing be held in camera.

ronstitute a waiver of any Party’s right to contest

_ the sealing of any documents, things and infolmation pursuant to Rule 26 of the Federal Rules of

Civil Procedure.
D.

- Seal”, to the extent allowed by the Court.
E, If an objection to designation ¢
Confidential Information is made, counsel for
forth its objection in writing to the Producing,
. Party shall meet and confer as soon as practic:
differences. Failing resolution, the Objecting |
and conference, file a motion to remove the CG

' resolution of the motion, the Confidential Info

by the Court and agreed upon in writing by the

The Parties agree to file with the Court any Confidential Information only “Under

f documents, things and information as

the objecting Party (“Objecting Party’’) shail set
Party, and such Objecting Party and Producing

ble in a good faith effort to resolve their

Party May, aS Soon as practicable after the meeting
pnfidential Information designation. Pending
rmation shall be treated as such, except as required

- Parties. This paragraph in no way changes the

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il

ase 1:05-cv-01483-JDB Document 29 Filed 12/19/2006 Page 5 of 6

burden of proof on the Parties under existing case law with respect to confidentiality of

documents. :
F, If any Confidential Information is disclosed, through inadvertence or otherwise, to

a person not designated to receive such mfortnation under this Order, then the Party that

~ disclosed such information immediately shalljuse its best efforts to bind such person to the terms

_of this Order and identify such person to the Froducing Party.

G. The production of documents, |things and information subject to the attorney-
client privilege, work product doctrine or other privilege shall not constitute a waiver of that
privilege for the documents, things and information or their subject matter. Upon notice of such

production from the Producing Party, the Receiving Parties shall return the documents, things
and information, and all copies thereof, to the! Producing Party.

H. This Order shall not be constrded to preclude or limit any Party from opposing

any discovery on any grounds that would otherwise be available. This Order shall not limit any
_Party’s right to seek judicial order or to seek further and additional protection against or
limitation upon production or dissemination of documents, things and information or their
_ contents.

V. USE AND RETURN OF CONFIDENTIAL INFORMATION

Within thirty days of the close of this action, each Party shall use best efforts to retrieve
all copies of other Parties’ Confidential Information from their own files, and from experts or
other persons to whom they have been provided consistent with this Order, and to return to the
‘Producing Parties all copies of Confidential Information produced or otherwise disclosed during
this Action. In lieu of returning the same, Ree eiving Parties may certify that all documenis,
things and information, and all copies thereof, have been destroyed. Confidential Information

that has been placed in any computer system shall be completely erased, and any documents,

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OAase 1:05-cv-01483-JDB | Poounfent 29 Filed 12/19/2006 Page 6 of 6

things and information listing or sunimatizing such information shall be destroyed within the
same period. Each Party then shall provide the opposing Party with a letter certifying that he,

she or it has complied with this paragraph.

Te

SIGNED this 7? ‘day ot Lerma wy , 2006. |

JUDGE JOHN D. BATES

UNITED STATES DISTRICT COURT