1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

1 

5600232.2 

5700591.1 

5752291.1 

CHARLES P. RETTIG, State Bar No. 97848 

STEVEN TOSCHER, State Bar No. 91115 

AVRAM SALKIN, State Bar No. 30412 

EDWARD M. ROBBINS, JR., State Bar No. 82696 

SHARYN M. FISK, State Bar No. 199898 

Hochman Salkin Rettig Toscher & Perez, P.C. 

9150 Wilshire Boulevard, Suite 300 

Beverly Hills, CA 90212 

Telephone: 310-281-3200 

Fax: 310-859-1430 

JOSEPH P. ROSSONIELLO 

United States Attorney 

THOMAS M. NEWMAN 

Assistant United States Attorney 

HENRY C. DARMSTADTER 

JAMES E. WEAVER 

STEPHEN P. JOHNSON 

ADAM D. STRAIT 

Trial Attorneys, Tax Division 

U.S. Department of Justice 

P.O. Box 683, Ben Franklin Station 

Washington, D.C. 20044-0683 

Telephone: 202-307-6481 

Fax: 202-307-0054

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SANTA CLARA VALLEY HOUSING 

GROUP, INC and KRISTEN M. BOWES, Case No. 5:08-cv-05097-JW 

 Plaintiffs, STIPULATED PROTECTIVE ORDER 

 REGARDING AMERICAN 

 INTERNATIONAL GROUP, INC. 

 v. 

 Honorable Judge James Ware 

UNITED STATES OF AMERICA, 

 Defendant. 

 

AS AMENDED BY THE COURT

Honorable Judge Lucy H. Koh

** E-filed August 16, 2010 **

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 1 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

2 

5600232.2 

5700591.1 

5752291.1 

By agreement of the parties, plaintiffs Santa Clara Valley Housing Group, Inc. 

DQG.ULVWHQ0%RZHV33ODLQWLIIV ́DQGGHIHQGDQW8QLWHG6WDWHVRI$PHULFD38QLWHG

6WDWHV ́RU3'HIHQGDQW ́HDFKD33DUW\ ́DQGWRJHWKHU3WKH3DUWLHV ́DQGnon-party 

American International Group, Inc., and/or its subsidiaries or affiliated entities, 

specifically including but not limited to American International Specialty Lines Insurance 

Company, n/k/a Chartis Specialty Insurance Company FROOHFWLYHO\3$,* ́by and 

through their attorneys, and in order to protect certain information during the discovery 

phase of this litigation that non-party AIG may be required to produce during the course 

RIWKLVDFWLRQZKLOHUHFRJQL]LQJWKH3YLWDOSXEOLFLQWHUHVWLQRSHQMXGLFLDOSURFHHGLQJV ́

28 C.F.R. § 50.9, it is hereby ORDERED that: 

1. Information, materials, and documents (whether in paper or electronic form) 

produced or furnished by AIG to either or both of the Parties in response to subpoenas 

issued in this case that contain any confidential tax, personal, or financial information 

relating to any individual or entity other than the Parties, or their employees or affiliates, 

which AIG GHVLJQDWHVDQGLGHQWLILHVDV33URWHFWHG,QIRUPDWLRQ ́DIWHUDJRRG-faith 

determination that the information, materials, or documents warrant protection under the 

appropriate standards, VKDOOEHGHHPHG33URWHFWHG,QIRUPDWLRQ. ́ Notwithstanding any 

other provisions of this Order, the Parties and AIG understand and agree that documents 

produced by AIG in response to subpoenas in this case, and that are otherwise publicly 

available, are not entitled to treatment as Protected Information pursuant to this Order, 

and may be treated by the Parties as not being Protected Information without the need for 

any further order of this Court. The presumptions concerning Protected Information 

identified by the paragraph are subject to the objection provisions of paragraph 7. The 

issuance of this Protective Order does not constitute a finding by the Court (or an 

admission by any Party) that any Protected Information is relevant, admissible, or 

otherwise not subject to challenge on evidentiary grounds. 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 2 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

3 

5600232.2 

5700591.1 

5752291.1 

2. Protected Information may be used in any and all discovery proceedings in this 

case including, but not limited to, document requests, requests for admission, depositions, 

interrogatories, and discovery motions, but shall not otherwise be publicly disclosed 

except as permitted by this Order. Protected Information may be used by the Parties in 

connection with the prosecution or defense of this action (including, but not limited to, all 

uses associated with motions filings and all uses associated with offering Protected 

Information into evidence or eliciting/offering testimony at trial), but not for any other 

pending or threatened civil litigation, nor any business or other purpose, except as 

otherwise provided for in this Order. The United States may use Protected Information 

in other civil litigation, provided that the United States provides written notification to 

AIG and its counsel in advance of any intended use in other civil litigation. The written 

notification to AIG shall be provided to Devaleena Das, Associate Litigation Counsel, 

Chartis U.S., 175 Water Street, 18th Floor, New York, NY 10038 and the written 

notifLFDWLRQWR$,*¶VFRXQVHOVKDOOEHSURYLGHGWR'DQLHO:1HOVRQDQG0HODQLH/

Katsur, Gibson Dunn & Crutcher LLP, 1050 Connecticut Ave. NW, Washington, DC 

20036. The written notification shall be made in a reasonable time and manner to allow 

AIG to interpose objections to the use of the Protected Information in such other civil 

litigation. The written notice shall confirm the agreement of the United States that (i) the 

Protected Information will be used solely for purposes of such other civil litigation and (ii) 

access to the Protected Information will be limited in the same manner and subject to the 

same limitations as provided in this Order. The United States agrees that AIG does not 

waive any evidentiary objections it may have in such other and subsequent civil litigation 

by producing Protected Information for use in this action. 

3. Except as described herein (or by subsequent order of this Court), the Parties 

agree not to give, show, disclose, disseminate, or describe, either directly or indirectly, 

Protected Information to any person(s) other than those identified, below, by this Order. 

The Parties acknowledge that this Order creates no entitlement to file Protected

Information under seal; a Party that seeks to file under seal any Protected

Information must comply with Civil Local Rule 79-5 and General Order 62.

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 3 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

4 

5600232.2 

5700591.1 

5752291.1 

4. Access to Protected Information shall be restricted to: 

(a). This Court and its personnel; 

(b). Counsel for the Parties, including outside and in-house lawyers; other 

ODZ\HUVUHJXODUO\HPSOR\HGLQWKHLURIILFHVDQGVXFKVXSHUYLVLQJDWWRUQH\VODZ\HUV¶

staff, and administrators, to whom it is necessary to disclose Protected Information for 

purposes of this litigation (including secretaries, paralegals, clerks, and other assistants); 

(c). The Parties themselves (for purposes of the United States, this includes all 

persons employed by the United States Department of Justice or the Internal Revenue 

Service whose duties include assisting with, or reviewing, matters concerning this 

litigation); 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 4 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

5 

5600232.2 

5700591.1 

5752291.1 

(d). Independent experts or consultants retained by counsel for the Parties for 

the purpose of assisting in this litigation, including any of their staff to whom it is 

necessary to disclose Protected Information in order to assist in their participation in this 

litigation; 

(e). Any potential witness in this litigation identified in the Complaint, 

LGHQWLILHGGXULQJGLVFRYHU\RUE\WKH3DUWLHV¶ZLWQHVVOLVWVRUSODQQHGWREHFDOOHGDVD

witness by a Party at deposition or during trial or to be interviewed about a matter at issue 

in this case, as well as any counsel for such witness and any person(s) present during 

such testimony or interview. For purposes of this paragraph 4(e), the Parties and AIG 

understand and agree that documents produced by AIG in response to subpoenas in this 

case, and that are otherwise available to a potential witness described in this paragraph 

4(e), shall not be treated as Protected Information with respect to such potential witness. 

Individuals identified by this Paragraph may be provided with a copy of any relevant 

Protected Information for their review in preparDWLRQIRURUGXULQJWKHZLWQHVV¶s 

deposition or testimony, either at trial or other hearing in this litigation. Upon completion 

of their review, the Protected Information provided shall be returned to counsel for the 

Party that supplied it; 

(f). Any mediators, arbitrators, or other outside parties and their staff enlisted 

by all Parties to assist in the resolution of this matter; 

(g). Outside or contracted litigation-support services, including commercial 

copying services; 

(h). Any court reporter, transcriber or videographer who reports, transcribes or 

records testimony in this action at a deposition; 

(i). Employees of the Department of Justice and the Internal Revenue Service 

who are assigned to any criminal investigation or matter for their unrestricted use in such 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 5 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

6 

5600232.2 

5700591.1 

5752291.1 

criminal investigation or matter, which use shall not be limited by the terms of this Order; 

and 

(j). Anyone as may be ordered by the Court. 

5. No Party shall disclose Protected Information or copies of Protected Information 

to any of the persons identified in Paragraphs 4(d) or 4(f) without first having obtained an 

executed acknowledgment from such person, substantially in the form attached hereto or, 

in the case of depositions, an acknowledgement on the record that such person agrees to 

be bound by the terms of this Protective Order. No Party shall disclose Protected 

Information or copies of Protected Information to any of the persons identified in 

Paragraphs 4(e), 4(g) or 4(h) without first seeking to have such persons execute an 

acknowledgment, substantially in the form attached hereto or, in the case of depositions, 

an acknowledgement on the record that such person agrees to be bound by the terms of 

this Protective Order. Notwithstanding the rest of this Paragraph, no acknowledgment 

shall be required by a person identified in Paragraph 4(g) who has previously executed a 

contract, confidentiality agreement, or other arrangement which forbids further disclosure 

RILQIRUPDWLRQSURYLGHGWRVXFKSHUVRQLQFRQQHFWLRQZLWKVXFKSHUVRQ¶VOLWLJDWLRQsupport services. 

6. The Parties and AIG agree that the inadvertent or unintentional disclosure by a 

Party of Protected Information shall not be deemed a waiver in whole or in part of any 

claim of confidentiality or protected status. This paragraph applies to both the specific 

information disclosed as well as any other information relating thereto or on the same or 

related subject matter. 

7. Any Party may object to the designation of, or failure to designate, a document as 

Protected Information under this Protective Order. If the Parties and AIG cannot resolve 

the matter by agreement after conferring in good faith (in voice-to-voice dialogue; other 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 6 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

7 

5600232.2 

5700591.1 

5752291.1 

forms of communication are not sufficient), any Party or AIG may submit the matter to 

the Court for resolution. The burden of persuasion in any such proceeding shall be on the 

side claiming protection. Until the Court resolves the matter, the disputed document shall 

be treated as protected by this Protective Order. 

8. Should either Party be commanded pursuant to a valid subpoena issuing from any 

federal or state court, administrative agency or other governmental authority to disclose 

Protected Information, such Party will promptly notify AIG and its counsel in advance of 

any disclosure pursuant to such a subpoena in order to afford AIG an opportunity to 

object or move to quash the subpoena. 

9. Within ninety (90) days after the final conclusion of this litigation, including all 

appeals, each Party will provide written certification to AIG that all originals and/or 

copies of all Protected Information (including both paper and electronic versions) in the 

possession of the Party, its counsel or other agents, have been either returned to AIG or 

GHVWUR\HG(DFK3DUW\¶VFRXQVHOPD\UHWDLQDQ\DWWRUQH\ZRUNSURGXFWHYHQWKRXJKLW

contains Protected Information, but such retained work product shall remain subject to 

the terms of this Protective Order. The Defendant¶VFRXQVHOPD\UHWDLQLWVZRUNSURGXFW

copies of court filings and official transcripts and exhibits and other documents required 

to be retained by written Department of Justice record-retention policy, provided that all 

such retained documents designated as Protected Information continue to be treated as 

provided herein. 

10. This Protective Order shall be effective immediately upon signature by counsel 

for either Party, and shall remain in effect after conclusion of this litigation, and the 

signing Parties agree that the Court may enforce the terms of this agreement and may 

disclose any Protected Information as part of a Court order or memorandum. The Court 

shall retain jurisdiction to enforce the terms of this Protective Order for six months after 

the final termination of this action. 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 7 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

8 

5600232.2 

5700591.1 

5752291.1 

11. This Stipulation may be executed by each Party separately. 

12. Counsel for the Parties shall promptly report any breach of the provisions of this 

Protective Order to counsel for AIG. Upon discovery of any breach of this Protective 

Order, counsel for the breaching Party shall immediately take appropriate action to cure 

the violation and retrieve any Protected Information that may have been disclosed to 

persons not covered by this Protective Order. The Parties and AIG shall reasonably 

cooperate in determining the existence of any such breach and whether there is reason to 

report the breach to the Court. 

13. Upon entry of this Order by the Court and in accordance with the return date of 

the subpoena, AIG shall furnish a set of responsive documents to both counsel for the 

Plaintiffs and counsel for the Defendant. 

DATED: July 29, 2010 HOCHMAN SALKIN RETTIG TOSCHER & 

PEREZ, P.C. 

By: /s/ Sharyn M. Fisk 

CHARLES P. RETTIG 

Attorneys for Plaintiffs 

SANTA CLARA VALLEY HOUSING GROUP, 

INC and KRISTEN M. BOWES 

DATED: July 29, 2010 JOSEPH P. RUSSONIELLO 

United States Attorney 

THOMAS NEWMAN 

Assistant United States Attorney 

By: /s/ Adam Strait 

HENRY C. DARMSTADTER 

JAMES E. WEAVER 

STEVEN P. JOHNSON 

ADAM D. STRAIT 

Trial Attorneys, Tax Division 

U.S. Department of Justice 

Attorneys for the Defendant 

UNITED STATES OF AMERICA 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 8 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

9 

5600232.2 

5700591.1 

5752291.1 

DATED: July 29, 2010 GIBSON, DUNN & CRUTCHER LLP 

By: /s/ Melanie L. Katsur 

DANIEL W. NELSON 

MELANIE L. KATSUR 

Attorneys for Non-Party 

AMERICAN INTERNATIONAL GROUP, INC. 

PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 

DATED:___________________, 2010 

Hon. James Ware 

U.S. District Judge 

HOWARD R. LLOYD

United States Magistrate Judge

August 16

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 9 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

STIPULATED PROTECTIVE ORDER 

10 

5600232.2 

5700591.1 

5752291.1 

ACKNOWLEDGMENT

The undersigned has been provided with a copy of the foregoing Protective Order 

entered in the case captioned Santa Clara Valley Housing Group, Inc. and Kristen M. 

Bowes v. United States of America, Case No. 5:08-cv-05097-JW; has had an opportunity 

to review the Protective Order; and is fully familiar with all of the terms of the Protective 

Order. By executing this Acknowledgment, the undersigned agrees to be bound by the 

terms of the Protective Order. 

Print Name: 

Address: 

Date signed: 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 10 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 1 

CERTIFICATE OF SERVICE 

5752291.1

JOSEPH P. ROSSONIELLO 

United States Attorney 

THOMAS M. NEWMAN 

Assistant United States Attorney 

HENRY C. DARMSTADTER 

JAMES E. WEAVER 

STEPHEN P. JOHNSON 

ADAM D. STRAIT 

Trial Attorneys, Tax Division 

U.S. Department of Justice 

P.O. Box 683, Ben Franklin Station 

Washington, D.C. 20044-0683 

Telephone: 202-307-6481 

Fax: 202-307-0054 

Attorneys for the United States of America

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SANTA CLARA VALLEY HOUSING 

GROUP, INC and KRISTEN M. BOWES, Case No. 5:08-cv-05097-JW 

 Plaintiffs, CERTIFICATE OF SERVICE OF 

 STIPULATED PROTECTIVE ORDER 

 REGARDING AMERICAN 

 INTERNATIONAL GROUP, INC. 

 v. 

 Honorable Judge James Ware 

UNITED STATES OF AMERICA, 

 Defendant. 

 

 I, Adam D. Strait, pursuant to 28 U.S.C. § 1746, declare as follows: 

 1. I filed the foregoing Stipulated Protective Order Regarding American 

International Group, Inc. with the Clerk of Court on July 29, 2010WKURXJKWKH&RXUW¶V

CM/ECF sytem. 

 2. On July 29, 2010WKURXJKWKH&RXUW¶V&0(&F system, I 

electronically served a copy of the foregoing Stipulated Protective Order on Charles P. 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 11 of 12
1

2

3

4

5

6

7 

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 2 

CERTIFICATE OF SERVICE 

5752291.1

Rettig, Steven Toscher, Avram Salkin, Edward M. Robbins, Jr., and Sharyn M. Fisk, 

counsel for the Plaintiffs. 

 3. On July 29, 2010, I sent a copy of the foregoing Stipulated Protective 

Order by first-class mail, postage prepaid, to the following: 

Charles P. Rettig 

Steven Toscher 

Avram Salkin 

Edward M. Robbins, Jr. 

Sharyn M. Fisk 

Hochman Salkin Rettig Toscher & Perez, P.C. 

9150 Wilshire Boulevard, Suite 300 

Beverly Hills, California 90212 

 4. On July 29, 2010, I served a copy of the foregoing Stipulated Protective 

Order on Melanie Katsur, counsel for American International Group, Inc., by attaching to 

an email to MKatsur@gibsondunn.com a copy of the same .pdf file electronically filed 

with the Court. 

 5. On July 29, 2010, I sent a copy of the foregoing Stipulated Protective 

Order by first-class mail, postage prepaid, to the following: 

Daniel W. Nelson 

Melanie L. Katsur 

Gibson, Dunn & Crutcher LLP 

1050 Connecticut Avenue, N.W. 

Washington, DC 20036-5306 

Under penalty of perjury, I declare the foregoing to be true and correct to the best 

of my knowledge. 

Date: July 29, 2010 

 /s/ Adam Strait 

 Adam D. Strait 

 Trial Attorney, Tax Division 

 U.S. Department of Justice 

 P.O. Box 683, Ben Franklin Station 

 Washington, D.C. 20044-0683 

 Telephone: (202) 307-2135 

 Facsimile: (202) 307-0054 

 adam.d.strait@usdoj.gov 

Case 3:08-cv-05097-WHA Document 36 Filed 08/16/10 Page 12 of 12