IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

UNITED STATES OF AMERICA,

 Plaintiff,

vs. 

MARGUERITE ELISE DIXON-ROPER, 

aka ELISE DIXON,

 Defendant. 

And 

CENTRAL MORTGAGE COMPANY,

 Respondent in 

Discovery.

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No. 12-cr-411 -3 

Hon. Robert W. Gettleman 

AGREED CONFIDENTIALITY ORDER 

The parties to this Agreed Confidentiality Order have agreed to the terms of 

this Order; accordingly, it is ORDERED: 

1. Scope. All materials produced or adduced in the course of discovery, 

by Central Mortgage Company (“Central Mortgage”) to Marguerite Elise Dixon-Roper, aka 

Elise Dixon (“Defendant”), including initial disclosures, responses to discovery requests, 

deposition testimony and exhibits, and information derived directly therefrom (hereinafter 

collectively "documents"), shall be subject to this Order concerning Confidential Information 

as defined below. 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 the information designated as "CONFIDENTIAL " by Central Mortgage 
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that falls within one or more of the following categories: (a) information prohibited from 

disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, 

commercial or financial information that the party has maintained as confidential; (d) 

medical information concerning any individual; (e) personal identity or financial 

information; (f) income tax returns (including attached schedules and forms), W-2 forms and 

1099 forms; or (g) personnel or employment records of a person who is not a party to the 

case. Information shall not be designated as Confidential if (a) it is, or becomes, public 

knowledge, other than through violation of the terms of this Agreed Confidentiality Order or 

other obligation of confidentiality; or (b) it is acquired from a non-party in lawful possession of 

such information and under no obligation to the owner of the information to keep it confidential, 

unless the non-party producing the information invokes the protections of this Agreed 

Confidentiality Order. 

3. Designation. 

(a) Central Mortgage may designate a document as Confidential 

Information for protection under this Order by placing or affixing the word 

"CONFIDENTIAL" on the document and on all copies in a manner that will not interfere 

with the legibility of the document. As used in this Order, "copies" includes electronic 

images, duplicates, extracts, summaries or descriptions that contain the Confidential 

Information. The marking "CONFIDENTIAL" shall be applied prior to or at the time of the 

documents are produced or disclosed. Applying the marking "CONFIDENTIAL" 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" shall be also be so marked, except that 
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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. Each page of a document containing 

Confidential Information shall be separately designated and stamped or otherwise marked. If 

documents are made available for inspection, documents need not be designated Confidential 

at the time they are made available for inspection, but may be so designated at the time 

copies are produced. As a result, all documents made available for inspection will be treated 

by the inspecting party as Confidential until they are produced. 

(b) The designation of a document as Confidential Information is a 

certification by an attorney or a party appearing pro se that the document contains 

Confidential Information as defined in this order.1

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 the 

expiration of the following: No later than the fourteenth day after the transcript is delivered 

to the designating party, and in no event later than 60 days after the testimony was given. 

Within this time period, 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 

 

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 An attorney who reviews the documents and designates them as CONFIDENTIAL – SUBJECT TO 

PROTECTIVE ORDER must be admitted to the Bar of at least one state but need not be admitted to practice in the 

Northern District of Illinois unless the lawyer is appearing generally in the case on behalf of a party. By designating 

documents confidential pursuant to this Order, counsel submits to the jurisdiction and sanctions of this Court on the 

subject matter of the designation. 
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terms of this Order. The court reporter shall be advised to limit distribution of the transcript 

to the parties' counsel and the deponent (or his or her attorney). 

5. Protection of Confidential Material. 

(a) General Protections. Confidential Information shall not be used or 

disclosed by the parties, counsel for the parties or any other persons identified 

in subparagraph (b) for any purpose whatsoever other than in this litigation, 

including any appeal thereof. 

(b) Limited Third-Party Disclosures. The parties and counsel for the 

parties shall not disclose or permit the disclosure of any Confidential 

Information to any third person or entity except as set forth in subparagraphs 

(1)-(9). Subject to these requirements, the following categories of persons may 

be allowed to review Confidential Information: 

(1) Counsel. Counsel for the parties and employees of counsel who 

have responsibility for the action; 

(2) Parties. Individual parties and employees, officers, directors, 

partners, members, shareholders, trustees and/or agents of a party, but 

only to the extent counsel determines in good faith that the employee's 

assistance is reasonably necessary to the conduct of the litigation in 

which the information is disclosed. 

(3) The Court and its personnel;

(4) Court Reporters and Recorders. Court reporters and 

recorders engaged for depositions; 
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(5) Contractors. Those persons specifically engaged for the 

limited purpose of making copies of documents or organizing or 

processing documents, including outside vendors hired to process 

electronically stored documents; 

(6) Consultants and Experts. Consultants, investigators, or 

experts employed by the parties or counsel for the parties to assist in 

the preparation and trial of this action, but only after such persons have 

completed the certification contained in Attachment A, 

Acknowledgment of Understanding and Agreement to Be Bound; 

(7) Witnesses at depositions. During their depositions, witnesses 

in this action to whom disclosure is reasonably necessary. Witnesses 

shall not retain a copy of documents containing Confidential 

Information, except witnesses may receive a copy of all exhibits 

marked at their depositions in connection with review of the transcripts. 

Pages of transcribed deposition testimony or exhibits to depositions 

that are designated as Confidential Information pursuant to the process 

set out in this Order must be separately bound by the court reporter and 

may not be disclosed to anyone except as permitted under this Order. 

(8) Author or recipient. The author or recipient of the document 

(not including person who received the document in the course of 

litigation); and 
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(9) Others by Consent. Other persons only by written consent of 

the producing party or upon order of the Court and on such conditions 

as may be agreed or ordered. 

(c) Control of Documents. Counsel for the parties shall make reasonable 

efforts to prevent unauthorized or inadvertent disclosure of Confidential 

Information. Counsel shall maintain the originals of the forms signed by 

persons acknowledging their obligations under this Order for a period of three 

years after the termination of the case. 

6. Inadvertent Production. If information or documents subject to a 

claim of attorney-client privilege, work product or any other privilege are inadvertently 

produced to a party, such production, which shall be governed by Federal Rule of Evidence 

502, shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any 

claim of attorney-client privilege, work product or any other privilege to which the producing 

party or person would otherwise be entitled. If a claim of inadvertent production is made 

pursuant to this paragraph with respect to information then in the custody of another party, 

such party shall promptly return to the claiming party or person the information or 

documents as to which the claim of inadvertent production has been made. The party 

returning such information or documents may then move the Court for an order compelling 

production of the information or documents, but said motion shall not assert as a ground for 

entering such an order the fact or circumstances of the inadvertent production. 

7. Inadvertent Failure to Designate. An inadvertent failure to designate 

a document or deposition transcript as Confidential Information does not, standing alone, 

waive the right to so designate the document. If Central Mortgage designates a document as 
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Confidential Information after it was initially produced, the receiving party, on notification 

of the designation, must make a reasonable effort to: (a) assure that the document is treated 

in accordance with the provisions of this Order; and (b) retrieve such document from persons 

no longer entitled to disclosure (if any). No party shall be found to have violated this Order 

for failing to maintain the confidentiality of material during a time when that material has not 

been designated Confidential Information, even where the failure to so designate was 

inadvertent and where the material is subsequently designated Confidential Information. 

8. This Order does not, by itself, authorize the filing of any document 

under seal. Any party wishing to file a document designated as Confidential Information in 

connection with a motion, brief or other submission to the Court must comply with Local 

Rule 26.2. 

9. In the event a party files with the Court any: (a) discovery materials 

marked ''Confidential Information''; (b) Confidential Information; or (c) pleading which 

attaches, incorporates, includes, or refers to any Confidential Information, such materials 

shall be filed with the Court under seal (or in camera) pursuant to applicable Court rules 

and/or procedures. The terms of this Agreed Confidentiality Order apply to all Confidential 

Information made part of any evidentiary record. 

10. No Greater Protection of Specific Documents. Except on privilege 

grounds not addressed by this Order, no party may withhold information from discovery on 

the ground that it requires protection greater than that afforded by this Order unless the party 

moves for an order providing such special protection. 
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11. Challenges by a Party to Designation as Confidential Information. 

The designation of any material or document as Confidential Information is subject to 

challenge by any party. The following procedure shall apply to any such challenge. 

(a) Meet and Confer. A party challenging the designation of Confidential 

Information must do so in good faith and must begin the process by conferring 

directly with counsel for the designating party. In conferring, the challenging 

party must explain the basis for its belief that the confidentiality designation 

was not proper and must give the designating party an opportunity to review 

the designated material, to reconsider the designation, and, if no change in 

designation is offered, to explain the basis for the designation. The designating 

party must respond to the challenge within five (5) business days. 

(b) Judicial Intervention. A party that elects to challenge a confidentiality 

designation may file and serve a motion that identifies the challenged material 

and sets forth in detail the basis for the challenge. Each such motion must be 

accompanied by a competent declaration that affirms that the movant has 

complied with the meet and confer requirements of this procedure. The burden 

of persuasion in any such challenge proceeding shall be on the designating 

party. Until the Court rules on the challenge, all parties shall continue to treat 

the materials as Confidential Information under the terms of this Order. 

12. Action by the Court. Applications to the Court for an order relating to 

materials or documents designated Confidential Information shall be by motion. Nothing in 

this Order or any action or agreement of a party under this Order limits the Court's power to 

make orders concerning the disclosure of documents produced in discovery or at trial. 
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13. Use of Confidential Documents or Information at Trial. Nothing in 

this Order shall be construed to affect the use of any document, material, or information at 

any trial or hearing. A party that intends to present or that anticipates that another party may 

present Confidential Information at a hearing or trial shall bring that issue to the Court's and 

parties' attention by motion or in a pretrial memorandum without disclosing the Confidential 

Information. The Court may thereafter make such orders as are necessary to govern the use 

of such documents or information at trial. 

14. Confidential Information Subpoenaed or Ordered Produced in 

Other Litigation. 

(a) If a receiving party is served with a subpoena or an order issued in 

other litigation that would compel disclosure of any material or document 

designated in this action as Confidential Information, the receiving party must 

so notify the designating party or counsel for the designating party, in writing, 

promptly. Where possible, at least fourteen (14) business days notice before 

production or other disclosure should be given. . Such notification must include 

a copy of the subpoena or court order. 

(b) The receiving party also must promptly inform in writing the party who 

caused the subpoena or order to issue in the other litigation that some or all of 

the material covered by the subpoena or order is the subject of this Order. In 

addition, the receiving party must deliver a copy of this Order promptly to the 

party in the other action that caused the subpoena to issue. 

(c) The purpose of imposing these duties is to alert the interested persons 

to the existence of this Order and to afford the designating party in this case an 
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opportunity to try to protect its Confidential Information in the court from 

which the subpoena or order issued. The designating party shall bear the 

burden and the expense of seeking protection in that court of its Confidential 

Information, and nothing in these provisions should be construed as 

authorizing or encouraging a receiving party in this action to disobey a lawful 

directive from another court. The obligations set forth in this paragraph remain 

in effect while the party has in its possession, custody or control Confidential 

Information by the other party to this case. 

15. Challenges by Members of the Public to Sealing Orders. A party or 

interested member of the public has a right to challenge the sealing of particular documents 

that have been filed under seal, and the party asserting confidentiality will have the burden 

of demonstrating the propriety of filing under seal. 

16. Obligations on Conclusion of Litigation. 

(a) Unless otherwise agreed or ordered, this Order shall remain in force 

after dismissal or entry of final judgment not subject to further appeal. 

(b) Within sixty-three days after dismissal or entry of final judgment not 

subject to further appeal, all Confidential Information and documents marked 

"CONFIDENTIAL" under this Order, including copies as defined in 

paragraph 3(a), shall be returned to the producing party unless: (1) the 

document has been offered into evidence or filed without restriction as to 

disclosure; (2) the parties agree to destruction to the extent practicable in lieu 

of return; or (3) as to documents bearing the notations, summations, or other 

mental impressions of the receiving party, that party elects to destroy the 
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documents and certifies to the producing party that it has done so. 

Notwithstanding the above requirements to return or destroy documents, 

counsel may retain attorney work product, including an index that refers or 

relates to designated Confidential Information so long as that work product 

does not duplicate verbatim substantial portions of Confidential Information, 

and one complete set of all documents filed with the Court including those 

filed under seal. Any retained Confidential Information shall continue to be 

protected under this Order. An attorney may use his or her work product in 

subsequent litigation provided that its use does not disclose or use Confidential 

Information. 

(c) Deletion of Documents Filed under Seal from ECF System. Filings 

under seal shall be deleted from the ECF system only upon order of the Court. 

17. Order Subject to Modification. This Order shall be subject to 

modification by the Court on its own initiative or on motion of a party or any other person 

with standing concerning the subject matter. 

18. No Prior Judicial Determination. This Order is entered based on the 

representations and agreements of the parties and for the purpose of facilitating discovery. 

Nothing herein shall be construed or presented as a judicial determination that any document 

or material designated Confidential Information by counsel or the parties is entitled to 

protection under Rule 26(c) of the Federal Rules of Civil Procedure or otherwise until such 

time as the Court may rule on a specific document or issue. 
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19. Persons Bound. This Order shall take effect when entered and shall be 

binding upon all counsel of record and their law firms, the parties, and persons made subject 

to this Order by its terms. 

So Ordered. 

Dated: October 24, 2014 Judge Robert W. Gettleman 

WE SO MOVE 

and agree to abide by the 

terms of this Order 

WE SO MOVE 

and agree to abide by the 

terms of this Order 

/s/ William C. Meyers 

Signature 

/s/ Daniel Meyers 

Signature 

William C. Meyers 

Printed Name 

Daniel Meyers 

Printed Name 

Counsel for: Respondent in Discovery Counsel for: Defendant Marguerite Elise 

Dixon-Roper 

Dated: 10/8/14 Dated: 10/9/14 
ATTACHMENT A

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

UNITED STATES OF AMERICA,

 Plaintiff,

vs. 

MARGUERITE ELISE DIXON-ROPER, 

aka ELISE DIXON,

 Defendant. 

And 

CENTRAL MORTGAGE COMPANY,

 Respondent in 

Discovery.

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No. 12-cr-411 

Hon. Robert W. Gettleman 

ACKNOWLEDGEMENT 

AND 

AGREEMENT TO BE BOUND 

The undersigned hereby acknowledges that he/she has read the Confidentiality 

Order dated in the above-captioned action and attached hereto, understands the terms thereof, 

and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the 

United States District Court for the Northern District of Illinois in matters relating to the 

Confidentiality Order and understands that the terms of the Confidentiality Order obligate 

him/her to use materials designated as Confidential Information in accordance with the Order 

solely for the purposes of the above-captioned action, and not to disclose any such 

Confidential Information to any other person, firm or concern. 

The undersigned acknowledges that violation of the Confidentiality Order may 

result in penalties for contempt of court: 
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Name: 

Job Title: 

Employer: 

Business Address: 

 

 

Date 

Signature