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Stipulation For And Protective Order 

[Case No. S-04-2301 DAD]

206580.1

CARLTON DiSANTE & 

FREUDENBERGER LLP 

CARLTON DiSANTE & FREUDENBERGER LLP 

 Cheryl D. Orr, State Bar No. 143196 

 Natalie A. Beccia, State Bar No. 180991 

 Nancy G. Berner, State Bar No. 227142 

260 California Street 

Suite 500 

San Francisco, California 94111 

Telephone: (415) 981-3233 

Facsimile: (415) 981-3246 

Attorneys for Defendant 

U.S. BANK NATIONAL ASSOCIATION 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

MABLE PETE, 

Plaintiff, 

vs. 

U.S. BANK NATIONAL ASSOCIATION, 

Defendant. 

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Case No. S-04-2301 DAD 

STIPULATION FOR AND 

PROTECTIVE ORDER

This Stipulation and Protective Order is hereby entered into between defendant U.S. 

BANK NATIONAL ASSOCIATION (“U.S. BANK”) and plaintiff Mable Pete (“Plaintiff”) 

through their respective counsel. The purpose of this Stipulation and Protective Order is to protect 

against unnecessary disclosure of confidential business information and confidential personnel 

information about third parties that is set forth in certain documents that may be produced during 

the course of this litigation and/or that may be disclosed in deposition testimony or in other 

discovery responses. Accordingly, the parties hereby stipulate to and petition the Court to enter the 

following Stipulated Protective Order: 

1. During the course of this litigation, either party may produce certain documents or 

disclose information containing and/or constituting confidential business information or 

confidential personnel information about third parties. Either party may label any document 

containing such confidential information with the word “Confidential,” which shall make that 

Case 2:04-cv-02301-DAD Document 27 Filed 10/12/05 Page 1 of 6
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2 Stipulation For And Protective Order 

[Case No. S-04-2301 DAD]

206580.1

CARLTON DiSANTE & 

FREUDENBERGER LLP 

document and the information contained in it subject to this Stipulation and Protective Order. 

Either party may designate any such information disclosed at deposition or in other discovery 

responses as “Confidential,” which shall make it subject to this Stipulation and Protective Order. 

Any copies, extracts, summaries, or descriptions of such documents, deposition testimony, or 

information are also subject to this Stipulation and Protective Order. The parties understand and 

agree to designate for protection only those materials that they believe in good faith are 

legitimately entitled to protection under relevant legal principles. 

2. Any documents, deposition testimony, or information protected by this Stipulation 

and Protective Order shall not be used for any purpose except in connection with this litigation, and 

shall not be delivered, exhibited or disclosed in whole or in part except: 

(a) to the parties; 

(b) to counsel of record for the parties in this case and person s regularly 

employed or retained by such counsel who are assisting in the prosecution or defense of this action; 

(c) to relevant expert witnesses and consultants who are assisting counsel in the 

preparation of this action for trial; 

(d) to the author(s) of such document; 

(e) filed under seal to the United States District Court, Eastern District of 

California, and personnel regularly employed by the Court, including stenographic reporters; 

(f) to court reporters at depositions; 

(g) to any private mediator(s) selected by the parties to mediate this dispute. 

3. Any documents protected by this Stipulation and Protective Order shall only be 

disclosed at deposition to third parties with a legitimate “need to know” as determined in good faith 

by counsel proposing to disclose “confidential” documents to said third parties in order to prepare 

this case for trial and for trial in this matter. Said third parties shall sign the form attached as 

Exhibit A to this Order, agreeing to be bound by the conditions of this Protective Order prior to 

disclosure of any document protected by this Stipulation and Protective Order. 

4. Any person described in paragraphs 2 or 3 above to whom delivery, exhibition or 

disclosure is made of any document or information protected by this Stipulation and Protective 

Case 2:04-cv-02301-DAD Document 27 Filed 10/12/05 Page 2 of 6
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3 Stipulation For And Protective Order 

[Case No. S-04-2301 DAD]

206580.1

CARLTON DiSANTE & 

FREUDENBERGER LLP 

Order shall be subject to the provisions of this Stipulation and Protective Order. With the 

exception of the individuals identified in paragraph 2(e) and (f), such persons shall be given a copy 

of this Stipulation and Protective Order prior to delivery, exhibition or disclosure of covered 

documents or information, and shall be required to execute the Acknowledgement attached hereto 

as Exhibit A and must agree to abide by its terms. Counsel who is disclosing such document shall 

retain the originals of such written acknowledgements. Such persons may make copies of such 

documents or prepare extracts, summaries, or descriptions of such documents only as necessary to 

assist in the defense or prosecution of this action. 

5. At the conclusion of this litigation, including appeals, originals and all copies of the 

documents covered by this Stipulation and Protective Order shall be promptly returned to the 

producing party, provided that any expense incurred in returning the documents shall be paid by the 

producing party. Deposition transcripts and court documents shall remain subject to this 

Stipulation and Protective Order. This Stipulation and Protective Order shall remain binding unless 

there is an order of the Court otherwise. 

6. Documents, deposition testimony and information subject to this Stipulation and 

Protective Order may be filed with the Court, but shall be submitted in accordance with Civil Local 

Rule 39-141. 

7. Nothing in this Stipulation and Protective Order shall relieve either party from the 

legal obligation, if any, to give notice to an affected third party before producing or disclosing 

confidential employment records or information. 

So stipulated, 

Dated: September __, 2005 CARLTON DiSANTE & FREUDENBERGER LLP 

By: /s/ 

Natalie A. Beccia 

Attorneys for Defendant 

U.S. BANK NATIONAL ASSOCIATION 

So stipulated, 

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4 Stipulation For And Protective Order 

[Case No. S-04-2301 DAD]

206580.1

CARLTON DiSANTE & 

FREUDENBERGER LLP 

Dated: September __, 2005 LAW OFFICES OF MICHAEL C. COHEN 

By: /s/ 

Marguerite M. Malloy 

Attorney for Plaintiff MABLE PETE 

Case 2:04-cv-02301-DAD Document 27 Filed 10/12/05 Page 4 of 6
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5 Stipulation For And Protective Order 

[Case No. S-04-2301 DAD]

206580.1

CARLTON DiSANTE & 

FREUDENBERGER LLP 

EXHIBIT A

Acknowledgement and Agreement To Be Bound 

I, __________________________________, declare under penalty of perjury that I have 

read in its entirety and understand the Stipulated Protective Order issued by the United States 

District Court for the Eastern District of California in the case of Pete v. U.S. Bank National 

Association, Case No. CIV-S-04-2302 DAD. I agree to comply with and be bound by all of the 

terms of this Stipulated Protective Order and I understand and acknowledge that the failure to so 

comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 

promise that I will not disclose in any manner any information or documents that is subject to this 

Protective Order except in strict compliance with the provisions of this Order. 

I further agree to submit to the jurisdiction of the United States District Court for the 

Eastern District of California for the purpose of enforcing the terms of the Stipulated Protective 

Order, even if such enforcement proceedings occur after termination of this action. 

Dated: _________________ 

By: 

[Print Name] 

[Signature]

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6 Stipulation For And Protective Order 

[Case No. S-04-2301 DAD]

206580.1

CARLTON DiSANTE & 

FREUDENBERGER LLP 

ORDER

Having reviewed the foregoing Stipulation and Protective Order submitted by the 

parties and good causing appearing therefore, it is ordered that the Protective Order shall be entered 

as the order of this Court. 

Dated: October 12, 2005

Ddad1/orders.consent/pete2301.stipord 

Case 2:04-cv-02301-DAD Document 27 Filed 10/12/05 Page 6 of 6