Opinion
1:17-CV-02987 (JPO)(KHP)
05-03-2022
IN RE LIFETRADE LITIGATION This Document Relates To All Actions
Steven Phillips Diane Paolicelli PHILLIPS & PAOLICELLI, LLP Attorneys for Plaintiffs Jason S. Bell John G. McCarthy SMITH, GAMBRELL & RUSSELL, LLP Attorneys for Defendant Robert A. Ruppenthal Kelly A. Carrero JONES DAY Attorneys for the Wells Fargo Defendants Tammy L. Roy CAHILL GORDON & REINDEL LLP Attorneys for Defendant S&P Global Inc.
Steven Phillips Diane Paolicelli PHILLIPS & PAOLICELLI, LLP Attorneys for Plaintiffs
Jason S. Bell John G. McCarthy SMITH, GAMBRELL & RUSSELL, LLP Attorneys for Defendant Robert A. Ruppenthal
Kelly A. Carrero JONES DAY Attorneys for the Wells Fargo Defendants
Tammy L. Roy CAHILL GORDON & REINDEL LLP Attorneys for Defendant S&P Global Inc.
STIPULATION AND SUPPLEMENTAL PROTECTIVE ORDER
HON. KATHARINE H. PARKER UNITED STATES MAGISTRATE JUDGE
WHEREAS, counsel for Plaintiffs have applied to the Comptroller of the Currency (hereinafter “Comptroller”) pursuant to 12 C.F.R. part 4, Subpart C, for permission to have made available, in connection with the captioned action, certain records; and
WHEREAS, following consideration by the Comptroller of the application of the abovedescribed party, the Comptroller has determined that the particular circumstances of the captioned action warrant making certain possibly relevant records as denoted in appendix “A” to this Stipulation available to the parties in this action, provided that appropriate protection of their confidentiality can be secured;
THEREFORE, it is hereby stipulated by and between the parties hereto, through their respective attorneys that they will be bound by the following Supplemental Protective Order which may be entered by the Court without further notice. The Supplemental Protective Order supplements the Protective Order entered in this action on December 2, 2019 (Dkt. 223).
SUPPLEMENTAL PROTECTIVE ORDER
WHEREAS, counsel for Plaintiffs have applied to the Comptroller of the Currency (hereinafter Comptroller”) pursuant to 12 C.F.R. part 4, Subpart C, for permission to have made available, in connection with the captioned action, certain records; and
WHEREAS, following consideration by the Comptroller of the application of the above described party, the Comptroller has determined that the particular circumstances of the captioned action warrant making certain possibly relevant records available to the parties in this action, provided that appropriate protection of their confidentiality can be secured;
NOW, THEREFORE, IT IS ORDERED THAT:
1. The records, as denoted in appendix “A” to the Stipulation for this Protective Order, upon being released for use by the Comptroller, shall be disclosed only to the parties to this action, their counsel, and the Court.
2. The parties to this action and their counsel shall keep such records and any information contained in such records confidential and shall in no way divulge the same to any person or entity, except to such experts, consultants and non-party witnesses to whom the records and their contents shall be disclosed, solely for the purpose of properly preparing for and trying the action.
3. No person to whom information and records covered by this Order are disclosed shall make any copies or otherwise use such information or records or their contents for any purpose whatsoever, except in connection with this action.
4. Any party or other person who wishes to use the information or records or their contents in any other action shall make a separate application to the Comptroller pursuant to 12 C.F.R. part 4, Subpart C.
5. Should any records covered by this Order be filed with the Court or utilized as exhibits at depositions in the captioned action, or should information or records or their contents covered by this Order be disclosed in the transcripts of depositions or the trial in the captioned action, such records, exhibits and transcripts shall be filed in sealed envelopes or other sealed containers marked with the title of this action, identifying each document and article therein and bearing a statement substantially in the following form:
CONFIDENTIAL
Pursuant to the Order of the Court dated this envelope containing the above identified papers filed by (the name of the party) is not to be opened nor the contents thereof displayed or revealed except to the parties to this action or their counsel or by further Order of the Court.
6. FOR JURY TRIAL: Any party offering any of the records into evidence shall offer only those pages, or portions thereof, that are relevant and material to the issues to be decided in the action and shall block out any portion of any page that contains information not relevant or material. Furthermore, the name of any person or entity contained on any page of the records who is not a party to this action, or whose name is not otherwise relevant or material to the action, shall be blocked out prior to the admission of such page into evidence. Any disagreement regarding what portion of any page that should be blocked out in this manner shall be resolved by the Court in camera, and the Court shall decide its admissibility into evidence.
7. At the conclusion of this action, all parties shall certify to the Comptroller that the records covered by this Order have been destroyed. Furthermore, counsel for Plaintiffs, pursuant to 12 C.F.R. 4.39(c), shall retrieve any records covered by this Order that may have been filed with the Court.
SO ORDERED:
APPENDIX A
No.
Document Type
Date
1
12/10/2015
2
12/10/2015
3
12/10/2015
4
12/10/2015
5
12/10/2015
6
12/11/2015
7
12/14/2015
8
12/16/2015
9
4/8/2016
10
4/22/2016
11
4/22/2016
12
4/22/2016
13
PowerPoint
5/5/2016
14
5/5/2016
15
5/5/2016
16
5/9/2016
17
5/23/2016
18
Excel
5/25/2016
19
Word
6/13/2016
20
6/21/2016
21
PowerPoint
8/3/2016
22
8/3/2016
23
PowerPoint
8/4/2016
24
8/5/2016
25
8/8/2016
26
PowerPoint
8/8/2016
27
PowerPoint
10/27/2016
28
PowerPoint
10/31/2016
29
11/9/2016
30
11/9/2016
31
PowerPoint
11/9/2016
32
PowerPoint
11/9/2016
33
11/9/2016
34
PowerPoint
2/2/2017
35
PowerPoint
2/3/2017
36
2/3/2017
37
2/3/2017
38
PowerPoint
5/8/2017
39
PowerPoint
5/8/2017
40
5/8/2017
41
PowerPoint
5/9/2017
42
5/9/2017
No.
Document Type
Date
43
PowerPoint
7/5/2017
44
PowerPoint
7/6/2017
45
PowerPoint
7/19/2017
46
PowerPoint
7/19/2017
47
PowerPoint
7/19/2017
48
Word
7/19/2017
49
7/20/2017
50
Word
7/20/2017
51
7/20/2017
52
7/21/2017
53
Excel
7/25/2017
54
Excel
10/11/2017
55
PowerPoint
10/11/2017
56
PowerPoint
10/12/2017
57
PowerPoint
10/12/2017
58
PowerPoint
10/12/2017
59
PowerPoint
10/19/2017
60
11/3/2017
61
11/3/2017
62
11/3/2017
63
11/3/2017
64
Excel
2/15/2018
65
Excel
5/24/2018