Robinson v. JPMorgan Chase Bank, National Association

Summary

This document is a stipulated protective order entered in Robinson v. JPMorgan Chase Bank, National Association, in the U.S. District Court for the Eastern District of California. It governs the designation, disclosure, use, challenge, filing, and final disposition of confidential discovery material, and includes an acknowledgment and agreement to be bound.

Holdings

1. The court approved and entered the parties' stipulated protective order because the action is likely to involve confidential, proprietary, trade-secret, commercial, financial, and private information warranting protection from public disclosure and use outside the litigation.
2. A party or nonparty may designate only specific discovery material that qualifies for protection and must act in good faith; mass, indiscriminate, or improper designations are prohibited and may expose the designating party to sanctions.
3. A party or nonparty may challenge a confidentiality designation, but must ordinarily provide written notice and meet and confer before seeking judicial intervention; the designating party bears the burden of persuasion in a challenge proceeding.
4. The protective order does not itself authorize filing confidential material under seal; a party must comply with the applicable local rules and obtain a court order based on the required showing of good cause or compelling reasons, depending on the filing.
5. Within 60 days after final disposition of the litigation, receiving parties must return or destroy protected material and provide written certification, subject to counsel's limited retention of archival litigation materials that remain subject to the protective order.

Questions Presented

1. Whether good cause and a particularized need supported entry of a stipulated protective order governing confidential discovery material.
2. What procedures should govern designation, use, challenge, disclosure, sealing, and disposition of protected material in the action.

Disposition

other