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Federal Deposit Insurance Corp. v. Fitl

United States District Court, D. Nebraska

June 8, 2015

FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for Mid City Bank, Inc., Plaintiff,
v.
PATRICIA M. FITL, as Personal Representative of the Estate of James G. Fitl, Deceased, Defendant.

PROTECTIVE ORDER

F.A. GOSSETT, Magistrate Judge.

This matter comes before the Court upon the Joint Motion for Protective Order (filing 19) by the Plaintiff, Federal Deposit Insurance Corporation, as Receiver for Mid City Bank. Inc., Defendant Patricia M. Fitl, as Personal Representative of the Estate of James G. Fitl, (individually, "Party" and collectively, "Parties"). There being no objection by any Party to the entry of this Order and the Court having considered the grounds for the entry of this Order, it is the opinion of this Court that the Joint Motion for Protective Order should be granted in the above-captioned action ("Action").

1. Scope. All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, interrogatory responses, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Order concerning Confidential Information as defined below. The term "document" is comprehensively defined to be synonymous in meaning and equal in scope to the usage of the term in Rule 34(a) of the Federal Rules of Civil Procedure, which defines document to include writings, drawings, graphs, charts, photographs, phone records, and other data compilations from which information can be obtained. This Order is subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

2. Confidential Information. As used in this Order, "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 Part 309 of the Federal Deposit Insurance Corporation ("FDIC") Rules and Regulations, Part 261 of the Federal Reserve Board Rules and Regulations, the laws of the State of Nebraska, and any other federal or state laws;

(b) information that reveals trade secrets;

(c) research, technical, commercial or financial information that the Party has maintained as confidential;

(d) personal, financial or professional information that is generally unavailable to the public;

(e) personal identity information and other information concerning persons or entities related to Mid City Bank, Inc. ("the Bank") and/or any of its predecessors, successors, or affiliates, including, but not limited to, bank account information, customer bank records, signature cards, bank statements, general ledger entries, deposit information, and related records or documents that contain any names, addresses, account numbers, social security numbers, dates of birth, or other identifying information;

(f) documents or information related to lending transactions, loans, or extensions of credit to any borrower, including, but not limited to, loan applications, financial statements and credit reports, business and personal state and federal income tax forms, correspondence, and related loan documentation;

(g) personnel or employment records of a person;

(h) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms;

(i) information concerning state or federal regulation or supervision of the Bank in whatever form, whether preliminary or final, including, but not limited to, reports of examination or inspection, regulatory correspondence, reports, orders, memoranda, or agreements;

(j) information relating to the appointment or service of the FDIC as receiver for the Bank, including, but not limited to, any information or loss or estimates of such loss on assets ( i.e. loss share agreements and loss share certificates), and any administrative depositions or examinations conducted by the FDIC; and

(k) information relating to state or federal administrative, criminal, or regulatory enforcement proceedings. Information or documents that are available to the public may not be designated as Confidential Information.

3. Designation.

(a) Except as may be subsequently agreed by the Parties in an ESI protocol or otherwise ordered by the Court, the following shall be the process for designating documents as Confidential Information. A Party may designate a document as Confidential Information for protection under this Order by placing or affixing the words "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" on the document in a manner that will not interfere with the legibility of the document or by so designating in a letter served with the production or within five (5) days thereafter. The marking "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 - 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 Order. Any copies that are made of any documents marked "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER" shall 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) Information may be designated as Confidential Information only if the designating Party has a good-faith basis for believing the information is included under the definition set forth in Paragraph 2 above.

4. 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 and through 21 days after the Parties' receipt of the final deposition transcript. No later than the 21st day after receipt of the final deposition transcript, 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 by the terms of this Order. The failure to serve a ...


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