Appendix A to Subpart C of Part 4 - Model Stipulation for Protective Order and Model Protective Order
12:1.0.1.1.4.3.24.11.1 : Appendix A
Appendix A to Subpart C of Part 4 - Model Stipulation for
Protective Order and Model Protective Order I. Model Stipulation
CASE CAPTION Model Stipulation for Protective Order
Whereas, counsel for ______ have applied to the Comptroller of
the Currency (hereinafter “Comptroller”) pursuant to 12 CFR part 4,
Subpart C, for permission to have made available, in connection
with the captioned action, certain records; and
Whereas, such records are deemed by the Comptroller to be
confidential and privileged, pursuant to 12 U.S.C. 481, 1463(a)(1),
1464(a)(1) and 1464(d)(1)(B)(i); 5 U.S.C. 552(b)(8); 18 U.S.C. 641,
1906; and 12 CFR 4.12, and part 4, Subpart C; and
Whereas, following consideration by the Comptroller of the
application of the above described party, the Comptroller has
determined that the particular circumstances of the captioned
action warrant making certain possibly relevant records as denoted
in appendix “A” to this Stipulation [records to be specified by
type and date] available to the parties in this action, provided
that appropriate protection of their confidentiality can be
secured;
Therefore, it is hereby stipulated by and between the parties
hereto, through their respective attorneys that they will be bound
by the following protective order which may be entered by the Court
without further notice.
Dated this ______ day of _______, 19__.
Attorney for Plaintiff Attorney for Defendant II. Model Protective
Order CASE CAPTION Model Protective Order
Whereas, counsel for ______ have applied to the Comptroller of
the Currency (hereinafter Comptroller”) pursuant to 12 CFR part 4,
Subpart C, for permission to have made available, in connection
with the captioned action, certain records; and
Whereas, such records are deemed by the Comptroller to be
confidential and privileged, pursuant to 12 U.S.C. 481, 1463(a)(1),
1464(a)(1) and 1464(d)(1)(B)(i); 5 U.S.C. 552(b)(8); 18 U.S.C. 641,
1906; and 12 CFR 4.12, and part 4, Subpart C;
Whereas, following consideration by the Comptroller of the
application of the above described party, the Comptroller has
determined that the particular circumstances of the captioned
action warrant making certain possibly relevant records available
to the parties in this action, provided that appropriate protection
of their confidentiality can be secured;
Now, Therefore, it is Ordered That:
1. The records, as denoted in appendix “A” to the Stipulation
for this Protective Order, upon being furnished [or released for
use] by the Comptroller, shall be disclosed only to the parties to
this action, their counsel, and the court [and the jury].
2. The parties to this action and their counsel shall keep such
records and any information contained in such records confidential
and shall in no way divulge the same to any person or entity,
except to such experts, consultants and non-party witnesses to whom
the records and their contents shall be disclosed, solely for the
purpose of properly preparing for and trying the action.
3. No person to whom information and records covered by this
Order are disclosed shall make any copies or otherwise use such
information or records or their contents for any purpose
whatsoever, except in connection with this action.
4. Any party or other person who wishes to use the information
or records or their contents in any other action shall make a
separate application to the Comptroller pursuant to 12 CFR part 4,
Subpart C.
5. Should any records covered by this Order be filed with the
Court or utilized as exhibits at depositions in the captioned
action, or should information or records or their contents covered
by this Order be disclosed in the transcripts of depositions or the
trial in the captioned action, such records, exhibits and
transcripts shall be filed in sealed envelopes or other sealed
containers marked with the title of this action, identifying each
document and article therein and bearing a statement substantially
in the following form:
CONFIDENTIAL
Pursuant to the Order of the Court dated ______ this envelope
containing the above-identified papers filed by (the name of the
party) is not to be opened nor the contents thereof displayed or
revealed except to the parties to this action or their counsel or
by further Order of the Court.
6. FOR JURY TRIAL: Any party offering any of the records into
evidence shall offer only those pages, or portions thereof, that
are relevant and material to the issues to be decided in the action
and shall block out any portion of any page that contains
information not relevant or material. Furthermore, the name of any
person or entity contained on any page of the records who is not a
party to this action, or whose name is not otherwise relevant or
material to the action, shall be blocked out prior to the admission
of such page into evidence. Any disagreement regarding what portion
of any page that should be blocked out in this manner shall be
resolved by the Court in camera, and the Court shall decide
its admissibility into evidence.
7. At the conclusion of this action, all parties shall certify
to the Comptroller that the records covered by this Order have been
destroyed. Furthermore, counsel for ______, pursuant to 12 CFR
4.39(c), shall retrieve any records covered by this Order that may
have been filed with the Court.
So Ordered:
Judge
Date
[60 FR 57322, Nov. 15, 1995, as amended at 64 FR 29217, June 1,
1999]