Free Protective Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 v. PROTECTIVE ORDER UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Century 21 Real Estate Corporation, Plaintiff, No. CIV 03 2353-PHX-DGC

Daryush B. Motlagh and Jane Doe 12 Motlagh, husband and wife; John Edmonds and Jane Doe Edmonds, 13 husband and wife; Integrity Assurance, Inc. an Arizona corporation, 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26

PROTECTIVE ORDER This Protective Order having been submitted to the Court on stipulation by plaintiff Century 21 Real Estate Corporation and defendants Daryush Motlagh and Integrity Assurance, Inc., it is hereby stipulated and ordered as follows: 1. For the purposes of this Protective Order, "Confidential Information" means

any information which is designated as "Confidential" by the parties, whether it be a document, information contained in a document, information contained in a response to an Interrogatory, information revealed during a deposition or information otherwise disclosed during discovery. The parties shall designate information as "Confidential" only upon the good faith belief that the information is at least arguably subject to protection. In addition,

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1 if a disclosing party or nonparty witness believes in good faith that certain sensitive 2 confidential information may warrant further additional protection, the disclosing party or 3 non-party witness may designate such information as "Confidential - Attorney's Eyes 4 Only," hereinafter "Restricted Information". 5 2. "Confidential Information" and "Restricted Information" shall, without the

6 necessity of further designation, remain confidential and shall not be disclosed in any 7 fashion, nor be used for any purpose other than the preparation for and trial of this action 8 as provided for herein. 9 3. "Qualified Person" shall mean and refer to (i) the parties to this action

10 including employees; (ii) counsel for the parties to this litigation, including office 11 associates, paralegals, and clerical employees; and (iii) witnesses, experts, consultants and 12 other persons consulted or retained in connection with this litigation and who have agreed 13 to be bound by the terms of this Protective Order. "Qualified Person" shall also include 14 the Court, representatives and employees of the Court, and the jury on such terms as the 15 Court in its discretion may deem appropriate. 16 4. Prior to being permitted access to "Confidential Information" subject to this

17 Protective Order, a "Qualified Person" shall sign a Certification in the form attached 18 hereto as Exhibit "A" stating that he/she has read and understands the terms of this 19 Protective Order and that he/she will abide by them. The original of each such 20 Certification shall be retained by Counsel of record for the party permitting the disclosure 21 until the litigation is completed. 22 5. "Confidential Information" shall be retained by counsel and shall not be

23 disclosed or made available to any person except a "Qualified Person." Said "Confidential 24 Information" shall not be used by any "Qualified Person," except solely for the purposes 25 of litigation in this action and shall not be used for any other purposes whatsoever. The 26 substance or content of "Confidential Information:' as well as copies, summaries, notes

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1 and memoranda relating thereto, shall not be disclosed to anyone other than a "Qualified 2 Person." If "Confidential Information" or summaries thereof have been entered into a 3 computerized database, only "Qualified Persons" shall have access to the database. 4 6. Any document designated as "Restricted Information" and stamped

5 "Confidential - Attorney's Eyes Only" shall be used only in connection with the 6 prosecution or defense of this litigation and may only be disclosed to counsel, including in 7 house counsel, for the parties. 8 7. Any material designated CONFIDENTIAL, or ATTORNEY'S EYES

9 ONLY, if filed with the Court, shall be filed under seal and shall be made available only 10 to the Court and to the persons authorized by the terms of this Protective Order. Unless 11 directed by the Clerk to use a different procedure, the party filing any paper which 12 reflects, contains or includes any material designated CONFIDENTIAL or

13 ATTORNEY'S EYES ONLY subject to this Protective Order shall file such paper in a 14 sealed envelope bearing a statement substantially in the following form: 15 16 17 18 8. This envelope contains documents subject to a Protective Order of the Court. It should be opened only by the Court. Its contents should not be disclosed, revealed or made public except by Order of the Court or written agreement of the parties. Copies of any Confidential Information filed with the Court prior to trial or

19 received in evidence at trial of this action, and any other materials falling within the terms 20 of this Order which are so designated at trial or at time of filing, shall be kept by the Clerk 21 of the Court, until two (2) years from entry of the final order by the Court in this action. 22 Where possible only those portions of documents consisting of Confidential Information 23 shall be filed in sealed envelopes. 24 9. Each "Qualified Person" agrees to submit to the jurisdiction of this Court for

25 the purpose of enforcement of this Protective Order, either prior to or following the 26 completion of this action. Jurisdiction of this action is to be retained by this Court after

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1 final determination for purposes of enabling any party or person affected by this 2 Protective Order to apply to the Court at any time for such direction or further decree as 3 may be appropriate for the construction or enforcement of this Protective Order. 4 10. This Protective Order initially protects from disclosure all documents that

5 the producing party designates in good faith as "Confidential" or "Confidential 6 Attorney's Eyes Only." Upon delivery of any document or other information so 7 designated, another party may, within ninety days of delivery of the document or other 8 information, send a letter to the producing party challenging any such designations by 9 indicating by Bates number range(s) or other sufficient identifying information precisely 10 which document(s) the challenging party asserts are not in fact "Confidential." The parties 11 shall confer in a good faith attempt to internally resolve the dispute. If such attempt is 12 unsuccessful, the challenging party shall, by informal letter to the Court, if permitted, 13 move for a protective order regarding any designation(s) in question enclosing, where 14 appropriate, the documents challenged for in camera review. The documents challenged 15 hereunder retain their status as "Confidential Information" hereunder unless and until the 16 Court orders that they be released from such status. 17 11. Upon the final conclusion (including any appeals) of this action, all parties

18 and "Qualified Persons" and their counsel shall, within ninety (90) days of the conclusion 19 of this action either (i) return all "Confidential Information" and "Restricted Information" 20 (and all copies thereof) to the producing party (shipping costs to be borne by the 21 producing party), or (ii) provide a certification that all "Confidential Information" and 22 "Restricted Information" (and all copies thereof) produced by the producing party have 23 been fully destroyed along with the date of destruction. 24 25 26 A copy of this Protective Order shall be served on all counsel within fifteen days of

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1 its entry. 2 3 4 5 6 7 8 APPROVED AS TO FORM AND CONTENT: 9 FENNEMORE CRAIG, P.C. 10 11 /s/Kevin Bonner Janet Weinstein 12 Kevin J. Bonner Attorneys for plaintiff Century 21 Real 13 Estate Corporation 14 15 LAW OFFICE OF DON P. WILLIAMS So ordered on this 19th day of June, 2006.

16 /s/ Don P. Williams _________________________ 17 Don P. Williams P.O. Box 5308 18 Goodyear, AZ 85338 Attorney for defendants Motlagh and Integrity 19 20 21 22 23 24 25 26

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1 2 3 4 5 6 7 v.

EXHIBIT A UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Century 21 Real Estate Corporation, Plaintiff, No. CIV 03 2353-PHX-DGC

Daryush B. Motlagh and Jane Doe 8 Motlagh, husband and wife; John Edmonds and Jane Doe Edmonds, 9 husband and wife; Integrity Assurance, Inc. an Arizona corporation, 10 Defendants. 11 12 13 14 I hereby acknowledge and affirm that I have read the terms and conditions of the LIMITED SPECIAL APPEARANCE AND AGREEMENT FOR ACCESS TO CONFIDENTIAL DOCUMENTS

15 Protective Order agreed to by the parties in the above-captioned matter, dated 16 _____________. I understand the terms of said Protective Order and under oath consent 17 to be bound by the terms of said Protective Order as a condition to being provided access 18 to the documents which have been designated as confidential pursuant to the Protective 19 Order. Further, by executing this Agreement, I hereby consent to the jurisdiction of the 20 above-captioned Court or any Court of competent jurisdiction for the special and limited 21 purpose of enforcing the terms of the Protective Order. 22 I recognize that all civil remedies for breach of this Agreement are specifically

23 reserved by the parties and are not waived by the disclosure provided for herein. Further, 24 in the event of the breach of this Agreement, I recognize that the parties may pursue all 25 civil remedies available to it as a third-party beneficiary of this Agreement. 26 This day of , _______.

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1 2 3 4 5 6 7 8 9 __________________________________________ Name __________________________________________ Firm __________________________________________ Address __________________________________________ City __________________________________________ State, Zip Code __________________________________________ Telephone Number

10 Sworn to and subscribed before me 11 this the ___ day of ________, ______. 12 13 __________________________________________ 14 Notary Public 15 16 My Commission Expires: __________________________ 17 18 19 20 21 22 23 24 25 26

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