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Johnson v. Nationstar Mortgage LLC

United States District Court, W.D. Washington, Seattle

May 5, 2017

ROBERT JOHNSON and KRISTIN JOHNSON, husband and wife, Plaintiffs,
v.
NATIONSTAR MORTGAGE LLC, a Delaware limited liability company, Defendant.

          AFRCT, LLP Barbara L. Bollero, Attorneys for Defendant Nationstar Mortgage LLC.

          James Sturdevant, Attorney for Plaintiffs.

          STIPULATION OF PARTIES RE CONFIDENTIAL PROTECTED MATERIALS AND [PROPOSED] ORDER THEREON

          JAMES L. ROBART U.S. District Court Judge.

         I. PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential, proprietary, private, and/or confidential information for which special protection is warranted, Accordingly, Plaintiffs Robert Johnson and Kristin Johnson, and Defendant Nationstar Mortgage LLC ("Nationstar"), hereby stipulate to and petition the Court to enter the following Stipulated Protective Order.

         The parties acknowledge that this Stipulation is consistent with LCR 26(c). It does not confer blanket protection on all disclosures or responses to discovery. The protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under applicable legal principles, and it does not presumptively entitle parties to file confidential information under seal.

         II. "CONFIDENTIAL" MATERIAL

         "Confidential" material shall include the following documents and tangible things produced or otherwise exchanged:

         2.1. Any person's confidential personal financial information, including bank account numbers, former or current loan numbers, social security numbers, and related personal identifying and/or financial information included on loan applications, bank statements, mortgage, statements, tax returns, property preservation records, and/or related documents.

         2.2. Nationstar's documented communications with third-parties and entries contained within Nationstar's Collection History Profile and LPS Notes referencing property inspection and preservation services concerning, and the Notice of Default to be served on, Richard E. McKinley and Louann C. McKinley (the "McKinley's") for their loan serviced by Nationstar and secured by the real property formerly owned by the McKinley's at Lot 5, Sudden Valley, Division No. 38, Whatcom County, Washington (the "McKinley Property").

         2.3. All other materials as may be designated by the parties and included by way of Amended Stipulations re Confidential Protected Materials, to be filed with the Court.

         III. SCOPE

         The protections conferred by this Stipulation cover not only confidential materials (as defined above), but also: (1) any information copied or extracted from confidential materials; (2) all copies, excerpts, summaries, and/or compilations of confidential materials; and (3) any testimony, conversations, and/or presentations by parties and/or their counsels that might reveal confidential materials. However, the protections conferred by this Stipulation do not cover information that is in the public domain or becomes part of the public domain through trial or otherwise.

         IV. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         4.1. Basic Principles. A receiving party may use confidential material that is disclosed or produced by another party or by a non-party in connection with this case only for prosecuting, defending, and/or attempting to settle this litigation. Confidential material may be disclosed only to the categories of persons and under the conditions described in this Stipulation. Confidential material must be stored and maintained by a receiving party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Stipulation.

         4.2. Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered by the Court or permitted in writing by the designating party, a receiving party may disclose any confidential material only to:

a. the receiving party's counsel of record in this action, as well as employees of counsel to whom it is reasonably necessary to disclose the information for this litigation;
b. the officers, directors, and employees (including in-house counsel) of the receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties agree that a particular document or material produced ...

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