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Tripp v. Midland Credit Management, Inc.

United States District Court, D. Massachusetts

March 30, 2017

BETHANY TRIPP, Individually and on behalf of all others similarly situated Plaintiff,
v.
MIDLAND CREDIT MANAGEMENT, INC. Defendant.

          CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

          GEORGE A. O'TOOLE, JR. UNITED STATES DISTRICT JUDGE

         The parties to this Confidentiality Agreement and Protective Order ("Protective Order") have agreed to the terms of this Protective Order; accordingly, it is ORDERED:

         1. Definitions.

         As used in the Protective Order, these terms have the following meanings:

(a) "Confidential" documents are documents designated pursuant to paragraph 4;
(b) "Documents" are all materials within the scope of Fed.R.Civ.P. 34.

         2. Scope.

         All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Protective Order concerning Confidential Information as defined below. This Protective Order is subject to the Federal Rules of Civil Procedure and Local Rules of the United States District Court for the District of Massachusetts on matters of procedure and calculation of time periods.

         3. Confidential Information.

         As used in this Protective Order, "CONFIDENTIAL" or "Confidential Information" means information designated as "CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER" by the producing party that falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential (including, but not limited to, the Servicing Agreement to which defendant is a party); (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or employment records of a person who is not a party to the case. Information or documents that are available to the public may not be designated as Confidential Information.

         4. Designation.

         (a) A party may designate a document as Confidential Information for protection under this Protective Order by placing or affixing the words "CONFIDENTIAL" or "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Protective Order, "copies" includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking "CONFIDENTIAL" or "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" shall be applied prior to or at the time of the documents are produced or disclosed. Applying the marking "CONFIDENTIAL" or "CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER" to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Protective Order. Any copies that are made of any documents marked "CONFIDENTIAL" or "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" shall be also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.

         (b) The designation of a document as Confidential Information is a certification by an attorney that the document contains Confidential Information as defined in this Protective Order.

         5. Depositions.

         Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: No later than the fourteenth day after the transcript is delivered to any party or the witness, and in no event later than 60 days after the testimony was given. Within this time period, a party may serve a Notice of Designation to all parties of record as to specific portions of the testimony that are designated Confidential Information, and thereafter only those portions identified in the Notice of Designation shall be protected the terms of this Protective Order. The failure to serve a timely Notice of Designation shall waive any designation of testimony taken in that deposition as Confidential Information, unless otherwise ordered by the Court.

         6. Protection of Confidential Material.

         (a) General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (b) for any purpose whatsoever other than in this litigation, including any appeal thereof. In a putative class action, Confidential Information may be disclosed only to the named plaintiff(s) and not to any other member of the putative class unless and until a class including the putative member has been certified.

         (b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in subparagraphs (1) through (9). Subject to these requirements, the ...


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