United States District Court, W.D. North Carolina, Western Division
MARION F. EGLER, Plaintiff,
U.S. BANK NATIONAL ASSOCIATION, as TRUSTEE for MASTR ADJUSTABLE RATE MORTGAGES TRUST 2007-1, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2001-1; OCWEN LOAN SERVICING, LLC and TRUSTEE SERVICES OF CAROLINA, LLC, in its capacity as Substitute Trustee, Defendants.
J. Maynard Mallam J. Maynard Financial Protection Law Center
Attorney for Plaintiff Marion F. Egler
Danielle K. Greco D. Kyle Deak Danielle K. Greco TROUTMAN
SANDERS LLP Attorney for Defendants U.S. Bank National
Association, as Trustee for MASTR Adjustable Rate Mortgage
Trust 2007-1, Mortgage Pass Through Certificates, Series
2001-1 and Ocwen Loan Servicing, LLC
STIPULATED PROTECTIVE ORDER
T. Numbers, II United States Magistrate Judge
PURPOSE AND LIMITATIONS
Disclosure and discovery activity in this action are likely
to involve production of confidential, proprietary, or
private information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the Parties hereby stipulate to and petition the court to
enter the following Stipulated Protective Order. The parties
acknowledge that this Order does not confer blanket
protections on all disclosures or responses to discovery and
that the protection it affords from public disclosure and use
extends only to the limited information or items that are
entitled to confidential treatment under the applicable legal
confidential information in these cases shall be used solely
for this litigation and no other purpose. In no event shall
any person receiving confidential information use it for
commercial or competitive purposes, make any public
disclosure of the contents thereof, or use it in any other
litigation, other than in conjunction with prosecuting or
defending this litigation, provided, however, that nothing in
this Agreement will affect the admissibility in other
litigation or judicial proceedings of anything produced in
the present matters. Rather, the admissibility of such things
in other litigation and judicial proceedings shall be
determined by the arbitrator or judge presiding over those
any answer given or document produced in response to any
discovery in these cases contain any confidential
information, the producing party may mark such information or
document as "CONFIDENTIAL." Any information or
document so marked shall not be disclosed to any person
except as may be permitted by this Agreement. The designation
of any information as "CONFIDENTIAL" shall be made
in good faith.
This Agreement shall not abrogate or diminish any
contractual, statutory, or other legal obligation or right of
any party or person with respect to confidential information.
Agreement shall not be construed to waive any applicable
privilege, work-product protection, or other protection, or
to affect the ability of a party to seek relief for an
inadvertent disclosure of material protected by privilege,
work-product protection, or other protection.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
"CONFIDENTIAL" Information or Items: information
(regardless of how it is generated, stored, or maintained, or
whether so designated) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c).
Counsel (without qualifier): Outside Counsel of Record and
In-House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as "CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY".
Disclosure or Discovery Material: all items or information,
regardless of the medium or manner in which it is generated,
stored, or maintained (including, among other things,
testimony, transcripts, and tangible things), that are
produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or experience in
a matter pertinent to the litigation who (1) has been
retained by a Party or its counsel to serve as an expert
witness or as a consultant in this action, (2) is not a past
or current employee of a Party or of a Party's
competitor, and (3) at the time of retention, is not
anticipated to become an employee of a Party or of a
"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY"
Information or Items: extremely sensitive "Confidential
Information or Items", disclosure of which to another
Party or Non-Party would create a substantial risk of serious
harm that could not be avoided by less restrictive means.
In-House Counsel: attorneys who are employees of a party to
this action. In-House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
Outside Counsel of Record: attorneys who are not employees of
a party to this action but are retained to represent or
advise a party to this action and have appeared in this
action on behalf of that party or are affiliated with a law
firm which has appeared on behalf of that party.
Party: any party to this action, including all of its
officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that provide
litigation support services (e.g., photocopying, videotaping,
translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving data in any form or
medium) and their employees and subcontractors.
Protected Material: any Disclosure or Discovery Material that
is designated as "CONFIDENTIAL," or as "HIGHLY