United States District Court, W.D. Washington, Seattle
HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A7, Plaintiff,
DONALD E. MACCORD et al., Defendants. DONALD E. MACCORD, Counterclaim Plaintiff,
NATIONSTAR MORTGAGE LLC, HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A7, Counterclaim Defendants.
J. Gibbons, WSBA# 33036 WITHERSPOON ∙ KELLEY Attorneys
for Plaintiff/Counterclaim Defendants HSBC Bank USA, National
Association as Trustee for the J.P. Morgan Alternative Loan
Trust 2006-A7 and Counterclaim Defendant Nationstar Mortgage
CRONIN MICHELSON BAUMGARDNER FOGG & MOORE LLP Todd T.
Williams, Steven W. Fogg, Mallory L. B. Satre, Corr Cronin
Michelson Baumgardner Fogg & Moore LLP Of Attorneys for
Defendant/Counter Claimant Donald E. MacCord.
STIPULATED PROTECTIVE ORDER
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
PURPOSES AND LIMITATIONS
in this action is likely to involve production of
confidential, proprietary, or private information for which
special protection may be warranted. Accordingly,
Plaintiff/Counterclaim Defendant HSBC Bank USA, National
Association As Trustee For The J.P. Morgan Alternative Loan
Trust 2006-A7 (“HSBC”), Counterclaim Defendant
Nationstar Mortgage LLC (“Nationstar”)
(hereinafter, collectively referred to as
“Plaintiffs”), and Defendant/Counterclaim
Plaintiff Donald E. MacCord (“Defendant”) hereby
stipulate to and petition the court to enter the following
Stipulated Protective Order. The stipulating parties
acknowledge that this agreement 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 the
applicable legal principles, and it does not presumptively
entitle parties to file confidential information under seal.
material shall include the following documents and tangible
things produced or otherwise exchanged:
a. Confidential personal financial information of the
Defendant-including bank account numbers, former or current
loan numbers, social security numbers, etc. (not otherwise
already in the possession of the parties to this agreement) -
included on loan applications, bank statements, mortgage
statements, tax returns, etc.
b. Plaintiffs' proprietary systems for servicing loans,
including its loan servicing notes created to record
pertinent information relating to loans, including contacts
with Plaintiffs, and codes created by BANA to reflect the
status of the loan, including but not limited to any codes
concerning any cost, fee, or advance, including any property
inspection fee, late fee, attorney fee, or other
default-related fee, cost, or advance assessed, charged or
added to the Loan.
c. Information that is proprietary in nature; which contain
trade secret; agent or subcontractor or subcontractor
information; or contain party or non-party consumer specific
information and documents, including private consumer
information that contains identifying, contact or private
financial information concerning a consumer.
protections conferred by this agreement cover not only
confidential material (as defined above), but also (1) any
information copied or extracted from confidential material;
(2) all copies, excerpts, summaries, or compilations of
confidential material; and (3) any testimony, conversations,
or presentations by parties or their counsel that might
reveal confidential material. However, the protections
conferred by this agreement do not cover information that is
in the public domain or becomes part of the public domain
through trial or otherwise.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
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, or attempting to settle this
litigation. Confidential material may be disclosed only to
the categories of persons and under the conditions described
in this agreement. 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 agreement.
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
(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 ...