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Egler v. U.S. Bank N.A.

United States District Court, W.D. North Carolina, Western Division

March 6, 2019

MARION F. EGLER, Plaintiff,
v.
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.

          Mallam 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

          Robert T. Numbers, II United States Magistrate Judge

         1. PURPOSE AND LIMITATIONS

         1.1 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 principles.

         1.2 All 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 proceedings.

         1.3 If 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.

         1.4 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.

         1.5 The 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.

         2. DEFINITIONS

         2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.2 "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).

         2.3 Counsel (without qualifier): Outside Counsel of Record and In-House Counsel (as well as their support staff).

         2.4 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".

         2.5 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.

         2.6 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 Party's competitor.

         2.7 "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.

         2.8 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.

         2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.10 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.

         2.11 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staff).

         2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

         2.13 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.

         2.14 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL," or as "HIGHLY CONFIDENTIAL ...


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