Opinion

Hunt v. Synchrony Bank

Court
District Court, E.D. California
Filed
Apr 29, 2021
Cited by
0 cases
Authority
More cited than 17.6%

requiring a 5 showing of good cause for protective orders

How later courts described this case

  • requiring a 5 showing of good cause for protective orders

Written by the judges who cited it.

The opinion

1 Todd M. Friedman (SBN 216752)

Adrian R. Bacon (SBN 280332)

2 LAW OFFICES OF TODD M. FRIEDMAN, P.C.

21550 Oxnard St. Suite 780

3

Woodland Hills, CA 91367

4 Phone: 877-206-4741

Fax: 866-633-0228

5 tfriedman@toddflaw.com

abacon@toddflaw.com

6

Attorneys for Plaintiff

7

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA

9

JEFFEREY HUNT, ) Case No. 2:20-cv-02021-KJM-KJN

10

)

11 Plaintiff, ) STIPULATED PROTECTIVE

ORDER

)

12 vs. )

)

13

SYNCHRONY BANK; EQUIFAX )

14 INFORMATION SERVICES LLC; )

EXPERIAN INFORMATION )

15 SOLUTIONS, INC.; TRANSUNION )

LLC; and DOES 1-10, inclusive, )

16

)

Defendant(s). )

17

)

18

19

20

21

22

STIPULATED PROTECTIVE ORDER

-1-

1 1. PURPOSES AND LIMITATIONS

2 Disclosure and discovery activity in this action are likely to involve

3

production of confidential, proprietary, or private information for which special

4

protection from public disclosure and from use for any purpose other than

5

prosecuting this litigation may be warranted. Accordingly, the parties hereby

6

7 stipulate to and petition the court to enter the following Stipulated Protective Order.

8 The parties acknowledge that this Order does not confer blanket protections on all

9 disclosures or responses to discovery and that the protection it affords from public

10

disclosure and use extends only to the limited information or items that are entitled

11

to confidential treatment under the applicable legal principles. The parties further

12

acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective

13

14 Order does not entitle them to file confidential information under seal. Any

15 applicable Local Rules will be applied when a party seeks permission from the

16

court to file material under seal.

17

2. DEFINITIONS

18

2.1 Challenging Party: a Party or Non-Party that challenges the

19

designation of information or items under this Order.

20

21 2.2 “CONFIDENTIAL” Information or Items: information (regardless of

22

STIPULATED PROTECTIVE ORDER

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1 how it is generated, stored or maintained) or tangible things that qualify for

2 protection under Federal Rule of Civil Procedure 26(c).

3

2.3 Counsel (without qualifier): Outside Counsel of Record and House

4

Counsel (as well as their support staff).

5

2.4 Designating Party: a Party or Non-Party that designates information

6

7 or items that it produces in disclosures or in responses to discovery as

8 “CONFIDENTIAL” or “CONFIDENTIAL – Attorney’s Eyes Only.”

9 2.5 Disclosure or Discovery Material: all items or information, regardless

10

of the medium or manner in which it is generated, stored, or maintained (including,

11

among other things, testimony, transcripts, and tangible things), that are produced

12

or generated in disclosures or responses to discovery in this matter.

13

14 2.6 Expert: a person with specialized knowledge or experience in a

15 matter pertinent to the litigation who has been retained by a Party or its counsel to

16

serve as an expert witness or as a consultant in this action.

17

2.7 House Counsel: attorneys who are employees of a party to this action.

18

House Counsel does not include Outside Counsel of Record or any other outside

19

counsel.

20

21 2.8 Non-Party: any natural person, partnership, corporation, association,

22

STIPULATED PROTECTIVE ORDER

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1 or other legal entity not named as a Party to this action.

2 2.9 Outside Counsel of Record: attorneys who are not employees of a

3

party to this action but are retained to represent or advise a party to this action and

4

have appeared in this action on behalf of that party or are affiliated with a law firm

5

which has appeared on behalf of that party.

6

7 2.10 Party: any party to this action, including all of its officers, directors,

8 employees, consultants, retained experts, and Outside Counsel of Record (and their

9 support staffs).

10

2.11 Producing Party: a Party or Non-Party that produces Disclosure or

11

Discovery Material in this action.

12

2.12 Professional Vendors: persons or entities that provide litigation

13

14 support services (e.g., photocopying, videotaping, translating, preparing exhibits

15 or demonstrations, and organizing, storing, or retrieving data in any form or

16

medium) and their employees and subcontractors.

17

2.13 Protected Material: any Disclosure or Discovery Material that is

18

designated as “CONFIDENTIAL” or “CONFIDENTIAL – Attorney’s Eyes

19

Only.”

20

21

22

STIPULATED PROTECTIVE ORDER

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1 2.14 Types of Information Eligible for Protection: As used in this Order,

2 “Protected Material” means information designated as “CONFIDENTIAL” or

3

“CONFIDENTIAL – Attorney’s Eyes Only” by the Producing Party that falls

4

within one or more of the following categories: (1) information prohibited from

5

disclosure by statute; (2) information and all documents, transcripts and all

6

7 information derived therefrom (including, but not limited to, all testimony given

8 in a deposition, declaration or otherwise, that refers, reflects or otherwise

9 discusses any information designated “Confidential” or “Confidential—

10

Attorneys’ Eyes Only” hereunder), that reveals trade secrets; (3) research,

11

development, technical, commercial, financial, credit reporting or insurance

12

information that the party has maintained as confidential; (4) personal identity

13

14 information; (5) income tax returns (including attached schedules and forms), W-

15 2 forms and 1099 forms; (6) personnel or employment records of a person who is

16

not a party to the case; or (7) other proprietary information belonging to the

17

defendants. Information or documents that are available to the public may not be

18

designated as Protected Material.

19

20

2.15 Receiving Party: a Party that receives Disclosure or Discovery

21

22

STIPULATED PROTECTIVE ORDER

-5-

1 Material from a Producing Party.

2 3. SCOPE

3

The protections conferred by this Stipulation and Order cover not only

4

Protected Material (as defined above), but also (1) any information copied or

5

extracted from Protected Material; (2) all copies, excerpts, summaries, or

6

7 compilations of Protected Material; and (3) any testimony, conversations, or

8 presentations by Parties or their Counsel that might reveal Protected Material.

9 However, the protections conferred by this Stipulation and Order do not cover the

10

following information: (a) any information that is in the public domain at the time

11

of disclosure to a Receiving Party or becomes part of the public domain after its

12

disclosure to a Receiving Party as a result of publication not involving a violation

13

14 of this Order, including becoming part of the public record through trial or

15 otherwise; and (b) any information known to the Receiving Party prior to the

16

disclosure or obtained by the Receiving Party after the disclosure from a source

17

who obtained the information lawfully and under no obligation of confidentiality

18

to the Designating Party. Any use of Protected Material at trial shall be governed

19

by a separate agreement or order.

20

21 ///

22

STIPULATED PROTECTIVE ORDER

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1 4. DURATION

2 Even after final disposition of this litigation, the confidentiality obligations

3

imposed by this Order shall remain in effect until a Designating Party agrees

4

otherwise in writing or a court order otherwise directs. Final disposition shall be

5

deemed to be the later of (1) dismissal of all claims and defenses in this action,

6

7 with or without prejudice; and (2) final judgment herein after the completion and

8 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

9 including the time limits for filing any motions or applications for extension of

10

time pursuant to applicable law.

11

5. DESIGNATING PROTECTED MATERIAL

12

5.1 Exercise of Restraint and Care in Designating Material for Protection.

13

14 Each Party or Non-Party that designates information or items for protection under

15 this Order must take care to limit any such designation to specific material that

16

qualifies under the appropriate standards. The Designating Party must designate

17

for protection only those parts of material, documents, items, or oral or written

18

communications that qualify – so that other portions of the material, documents,

19

items, or communications for which protection is not warranted are not swept

20

21

22

STIPULATED PROTECTIVE ORDER

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1 unjustifiably within the ambit of this Order.

2 Mass, indiscriminate, or routinized designations are prohibited.

3

Designations that are shown to be clearly unjustified or that have been made for an

4

improper purpose (e.g., to unnecessarily encumber or retard the case development

5

process or to impose unnecessary expenses and burdens on other parties) expose

6

7 the Designating Party to sanctions.

8 If it comes to a Designating Party’s attention that information or items that

9 it designated for protection do not qualify for protection, that Designating Party

10

must promptly notify all other Parties that it is withdrawing the mistaken

11

designation.

12

5.2 Manner and Timing of Designations. Except as otherwise provided

13

14 in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

16

under this Order must be clearly so designated before the material is disclosed or

17

produced.

18

Designation in conformity with this Order requires:

19

20 (a) for information in documentary form (e.g., paper or electronic

21

documents, but excluding transcripts of depositions or other pretrial or trial

22

STIPULATED PROTECTIVE ORDER

-8-

1 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or

2 “CONFIDENTIAL – Attorney’s Eyes Only” to each page that contains protected

3

material. If only a portion or portions of the material on a page qualifies for

4

protection, the Producing Party also must clearly identify the protected portion(s)

5

(e.g., by making appropriate markings in the margins).

6

7 A Party or Non-Party that makes original documents or materials available

8 for inspection need not designate them for protection until after the inspecting

9

Party has indicated which material it would like copied and produced. During the

10

inspection and before the designation, all of the material made available for

11

inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

12

identified the documents it wants copied and produced, the Producing Party must

13

14 determine which documents, or portions thereof, qualify for protection under this

15 Order. Then, before producing the specified documents, the Producing Party must

16

affix the “CONFIDENTIAL” or “CONFIDENTIAL — Attorneys’ Eyes Only”

17

legend to each page that contains Protected Material. If only a portion or portions

18

of the material on a page qualifies for protection, the Producing Party also must

19

clearly identify the protected portion(s) (e.g., by making appropriate markings in

20

21 the margins). The Parties may also designate portions of answers to interrogatories

22

STIPULATED PROTECTIVE ORDER

-9-

1 and responses to requests for admission that they deem “CONFIDENTIAL —

2 Attorneys’ Eyes Only” when the answers and responses are served.

3

(b) for testimony given in deposition or in other pretrial or trial proceedings,

4

5 that the Designating Party identify on the record, before the close of the deposition,

6 hearing, or other proceeding, all protected testimony.

7

(c) for information produced in some form other than documentary and for

8

9 any other tangible items, that the Producing Party affix in a prominent place on the

10 exterior of the container or containers in which the information or item is stored

11

the legend “CONFIDENTIAL” or “CONFIDENTIAL – Attorney’s Eyes Only.” If

12

only a portion or portions of the information or item warrant protection, the

13

Producing Party, to the extent practicable, shall identify the protected portion(s).

14

15 5.3 Designation of CONFIDENTIAL or CONFIDENTIAL – Attorneys’

16 Eyes Only in Deposition Transcripts. Any deposition or portion thereof during

17 which confidential information is being disclosed shall be taken in camera without

18

any persons in attendance other than the witnesses and those persons described in

19

Section 7.2 for “Confidential” information and Section 7.3 for “CONFIDENTIAL

20

– Attorneys’ Eyes Only” information. At the time of the deposition if possible, but

21

22 not later than 21 days after the deposition transcript becomes available, counsel

STIPULATED PROTECTIVE ORDER

-10-

1 shall designate those portions of the deposition testimony which they deem

2 “CONFIDENTIAL” or “CONFIDENTIAL – Attorneys’ Eyes Only.”

3

5.4 Inadvertent Failures to Designate. If timely corrected, an inadvertent

4

failure to designate qualified information or items does not, standing alone, waive

5

the Designating Party’s right to secure protection under this Order for such

6

7 material. Upon timely correction of a designation, the Receiving Party must make

8 reasonable efforts to assure that the material is treated in accordance with the

9 provisions of this Order.

10

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

11

6.1 Timing of Challenges. Any Party or Non-Party may challenge a

12

designation of confidentiality at any time. Unless a prompt challenge to a

13

14 Designating Party’s confidentiality designation is necessary to avoid foreseeable,

15 substantial unfairness, unnecessary economic burdens, or a significant disruption

16

or delay of the litigation, a Party does not waive its right to challenge a

17

confidentiality designation by electing not to mount a challenge promptly after the

18

original designation is disclosed.

19

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

20

21 resolution process by providing written notice of each designation it is challenging

22

STIPULATED PROTECTIVE ORDER

-11-

1 and describing the basis for each challenge. To avoid ambiguity as to whether a

2 challenge has been made, the written notice must recite that the challenge to

3

confidentiality is being made in accordance with this specific paragraph of the

4

Protective Order. The parties shall attempt to resolve each challenge in good faith

5

and must begin the process by conferring directly (in voice to voice dialogue; other

6

7 forms of communication are not sufficient) within 14 days of the date of service of

8 notice. In conferring, the Challenging Party must explain the basis for its belief

9 that the confidentiality designation was not proper and must give the Designating

10

Party an opportunity to review the designated material, to reconsider the

11

circumstances, and, if no change in designation is offered, to explain the basis for

12

the chosen designation. A Challenging Party may proceed to the next stage of the

13

14 challenge process only if it has engaged in this meet and confer process first or

15 establishes that the Designating Party is unwilling to participate in the meet and

16

confer process in a timely manner.

17

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without

18

court intervention, the Designating Party shall file and serve a motion to retain

19

confidentiality within 21 days of the initial notice of challenge or within 14 days

20

21 of the parties agreeing that the meet and confer process will not resolve their

22

STIPULATED PROTECTIVE ORDER

-12-

1 dispute, whichever is earlier. Each such motion must be accompanied by a

2 competent declaration affirming that the movant has complied with the meet and

3

confer requirements imposed in the preceding paragraph. Failure by the

4

Designating Party to make such a motion including the required declaration within

5

21 days (or 14 days, if applicable) shall automatically waive the confidentiality

6

7 designation for each challenged designation. In addition, the Challenging Party

8 may file a motion challenging a confidentiality designation at any time if there is

9 good cause for doing so, including a challenge to the designation of a deposition

10

transcript or any portions thereof. Any motion brought pursuant to this provision

11

must be accompanied by a competent declaration affirming that the movant has

12

complied with the meet and confer requirements imposed by the preceding

13

14 paragraph.

15 The burden of persuasion in any such challenge proceeding shall be on the

16

Challenging Party. Frivolous challenges, and those made for an improper purpose

17

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

18

expose the Challenging Party to sanctions. Unless the Designating Party has

19

waived the confidentiality designation by failing to file a motion to retain

20

21 confidentiality as described above, all parties shall continue to afford the material

22

STIPULATED PROTECTIVE ORDER

-13-

1 in question the level of protection to which it is entitled under the Producing Party’s

2 designation until the court rules on the challenge.

3

7. ACCESS TO AND USE OF PROTECTED MATERIAL

4

7.1 Basic Principles. A Receiving Party may use Protected Material that

5

is disclosed or produced by another Party or by a Non-Party in connection with

6

7 this case only for prosecuting, defending, or attempting to settle this litigation.

8 Such Protected Material may be disclosed only to the categories of persons and

9 under the conditions described in this Order. When the litigation has been

10

terminated, a Receiving Party must comply with the provisions of section 13 below

11

(FINAL DISPOSITION).

12

Protected Material must be stored and maintained by a Receiving Party at a

13

14 location and in a secure manner that ensures that access is limited to the persons

15 authorized under this Order.

16

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

17

otherwise ordered by the court or permitted in writing by the Designating Party, a

18

Receiving Party may disclose any information or item designated

19

“CONFIDENTIAL” only to:

20

21

(a) the Receiving Party’s Outside Counsel of Record in this action, as well

22

STIPULATED PROTECTIVE ORDER

-14-

1 as employees of said Outside Counsel of Record to whom it is reasonably

2 necessary to disclose the information for this litigation and who have signed the

3

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

4

A;

5

6 (b) the officers, directors, and employees (including House Counsel) of the

7

Receiving Party to whom disclosure is reasonably necessary for this litigation and

8

who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

9

10 (c) Experts (as defined in this Order) of the Receiving Party to whom

11

disclosure is reasonably necessary for this litigation and who have signed the

12

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

13

14 (d) the court and its personnel;

15

(e) court reporters and their staff, professional jury or trial consultants, mock

16

jurors, and Professional Vendors to whom disclosure is reasonably necessary for

17

18 this litigation and who have signed the “Acknowledgment and Agreement to Be

19 Bound” (Exhibit A);

20

(f) during their depositions, witnesses in the action to whom disclosure is

21

22 reasonably necessary and who have signed the “Acknowledgment and Agreement

STIPULATED PROTECTIVE ORDER

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1 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

2 ordered by the court. Pages of transcribed deposition testimony or exhibits to

3

depositions that reveal Protected Material must be separately bound by the court

4

reporter and may not be disclosed to anyone except as permitted under this

5

Stipulated Protective Order.

6

7 (g) the author or recipient of a document containing the information or a

8 custodian or other person who otherwise possessed or knew the information.

9

7.3 Disclosure of “CONFIDENTIAL – Attorney’s Eyes Only”

10 Information or Items.

11 (a) Except with the prior written consent of the individual or entity

12

designating a document or portions of a document as “CONFIDENTIAL -

13

Attorneys Eyes Only,” or pursuant to prior Order after notice, any document,

14

transcript or pleading given “CONFIDENTIAL - Attorneys Eyes Only” treatment

15

under this Order, and any information contained in, or derived from any such

16

17 materials (including but not limited to, all deposition testimony that refers to,

18 reflects or otherwise discusses any information designated “CONFIDENTIAL -

19

Attorneys Eyes Only” hereunder) may not be disclosed other than in accordance

20

with this Order and may not be disclosed to any person other than: (1) the Court

21

and its officers; (2) the Plaintiff; (3) specifically retained counsel for the parties,

22

STIPULATED PROTECTIVE ORDER

-16-

1 whether retained outside counsel or in-house counsel and employees of counsel

2 assigned to assist such counsel in the preparation of this litigation; (4) fact

3

witnesses subject to a proffer to the Court or a stipulation of the parties that such

4

witnesses need to know such information; (5) present or former employees of the

5

Producing Party in connection with their depositions in this action (provided that

6

7 no former employees shall be shown documents prepared after the date of his or

8 her departure); and (6) experts specifically retained as consultants or expert

9 witnesses in connection with this litigation.

10

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

11 IN OTHER LITIGATION

12 If a Party is served with a subpoena or a court order issued in other litigation

13

that compels disclosure of any information or items designated in this action as

14

“CONFIDENTIAL,” or “CONFIDENTIAL – Attorney’s Eyes Only” that Party

15

must:

16

17

(a) promptly notify in writing the Designating Party. Such notification shall

18

include a copy of the subpoena or court order;

19

20 (b) promptly notify in writing the party who caused the subpoena or order

21 to issue in the other litigation that some or all of the material covered by the

22

STIPULATED PROTECTIVE ORDER

-17-

1 subpoena or order is subject to this Protective Order. Such notification shall include

2 a copy of this Stipulated Protective Order; and

3

(c) cooperate with respect to all reasonable procedures sought to be pursued

4

5 by the Designating Party whose Protected Material may be affected.

6

If the Designating Party timely seeks a protective order, the Party served

7

with the subpoena or court order shall not produce any information designated in

8

this action as “CONFIDENTIAL” or “CONFIDENTIAL – Attorney’s Eyes Only”

9

before a determination by the court from which the subpoena or order issued,

10

11 unless the Party has obtained the Designating Party’s permission. The Designating

12 Party shall bear the burden and expense of seeking protection in that court of its

13

confidential material – and nothing in these provisions should be construed as

14

authorizing or encouraging a Receiving Party in this action to disobey a lawful

15

directive from another court.

16

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

17

PRODUCED IN THIS LITIGATION

18

(a) The terms of this Order are applicable to information produced by a

19

Non-Party in this action and designated as “CONFIDENTIAL” or

20

“CONFIDENTIAL – Attorney’s Eyes Only.” Such information produced by Non-

21

22 Parties in connection with this litigation is protected by the remedies and relief

STIPULATED PROTECTIVE ORDER

-18-

1 provided by this Order. Nothing in these provisions should be construed as

2 prohibiting a Non-Party from seeking additional protections.

3

(b) In the event that a Party is required, by a valid discovery request, to

4

5 produce a Non-Party’s confidential information in its possession, and the Party is

6 subject to an agreement with the Non-Party not to produce the Non-Party’s

7

confidential information, then the Party shall:

8

(1) promptly notify in writing the Requesting Party and the Non-Party

9

that some or all of the information requested is subject to a confidentiality

10

11 agreement with a Non-Party;

12 (2) promptly provide the Non-Party with a copy of the Stipulated

13

Protective Order in this litigation, the relevant discovery request(s), and a

14

reasonably specific description of the information requested; and

15

(3) make the information requested available for inspection by the

16

17 Non-Party.

18

(c) If the Non-Party fails to object or seek a protective order from this court

19

within 14 days of receiving the notice and accompanying information, the

20

Receiving Party may produce the Non-Party’s confidential information responsive

21

22

STIPULATED PROTECTIVE ORDER

-19-

1 to the discovery request. If the Non-Party timely seeks a protective order, the

2 Receiving Party shall not produce any information in its possession or control that

3

is subject to the confidentiality agreement with the Non-Party before a

4

determination by the court. Absent a court order to the contrary, the Non-Party

5

shall bear the burden and expense of seeking protection in this court of its Protected

6

7 Material.

8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

9

If a Receiving Party learns that, by inadvertence or otherwise, it has

10

disclosed Protected Material to any person or in any circumstance not authorized

11

under this Stipulated Protective Order, the Receiving Party must immediately (a)

12

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

13

14 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

15 the person or persons to whom unauthorized disclosures were made of all the terms

16

of this Order, and (d) request such person or persons to execute the

17

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

18

A.

19

A party or non-party who discovers that it has inadvertently disclosed or

20

21 produced documents designated “CONFIDENTIAL” or “Confidential –

22

STIPULATED PROTECTIVE ORDER

-20-

1 Attorneys’ Eyes Only” must promptly notify the receiving party and describe the

2 basis of the claim of privilege or protection. If the party or non-party provides such

3

notice and description, the privilege or protection is not waived. In the event that

4

any Document, Testimony, or Information that is subject to a “CONFIDENTIAL”

5

or “CONFIDENTIAL - Attorneys’ Eyes Only” designation is inadvertently

6

7 produced without such designation, the Party that inadvertently produced the

8 document shall give written notice of such inadvertent production promptly of

9 discovery of the inadvertent production, together with a further copy of the subject

10

Document, Testimony, or Information designated as “Confidential” or

11

“CONFIDENTIAL - Attorneys’ Eyes Only” (the “Inadvertent Production Notice”).

12

Upon receipt of such Inadvertent Production Notice, the Party that received the

13

14 inadvertently produced Document, Testimony, or Information shall promptly

15 destroy the inadvertently produced Document, Testimony, or Information and all

16

copies thereof, or, at the expense of the producing Party, return such together with

17

all copies of such Document, Testimony or Information to counsel for the

18

producing Party and shall retain only the “CONFIDENTIAL” or “Attorneys’ Eyes

19

Only” materials. Should the receiving Party choose to destroy such inadvertently

20

21 produced Document, Testimony, or Information, the receiving Party shall notify

22

STIPULATED PROTECTIVE ORDER

-21-

1 the producing Party in writing of such destruction within two business days of the

2 destruction. This provision is not intended to apply to any inadvertent production

3

of any Document, Testimony, or Information protected by attorney-client or work

4

product privileges.

5

The inadvertent, unintentional, or in camera disclosure of confidential

6

7 documents and information shall not be deemed a waiver of the producing party’s

8 claims of confidentiality. If a party inadvertently or unintentionally produces any

9 confidential document or information without marking or designating it as such,

10

the party may, promptly upon discovery, furnish a substitute copy properly marked

11

along with written notice to all parties (or written notice alone as to non-

12

documentary information) that such information is deemed confidential and should

13

14 be treated as such in accordance with the provisions of this Order. Each person

15 receiving such a notice must treat the inadvertently produced, confidential

16

information as confidential. If the inadvertently produced, confidential information

17

has been disclosed prior to the receipt of such notice, the party that made the

18

disclosure shall promptly notify the party providing notice of inadvertent disclosure

19

in writing.

20

21 ///

22

STIPULATED PROTECTIVE ORDER

-22-

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL

2

When a Producing Party gives notice to Receiving Parties that certain

3

4 inadvertently produced material is subject to a claim of privilege or other

5 protection, the obligations of the Receiving Parties are those set forth in Federal

6

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

7

whatever procedure may be established in an e-discovery order that provides for

8

production without prior privilege review. Pursuant to Federal Rule of Evidence

9

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

10

11 of a communication or information covered by the attorney-client privilege or work

12 product protection, the parties may incorporate their agreement in the stipulated

13

protective order submitted to the court.

14

12. MISCELLANEOUS

15

12.1 Right to Further Relief. Nothing in this Order abridges the right of

16

any person to seek its modification by the court in the future.

17

18 12.2 Right to Assert Other Objections. By stipulating to the entry of this

19 Protective Order no Party waives any right it otherwise would have to object to

20

disclosing or producing any information or item on any ground not addressed in

21

this Stipulated Protective Order. Similarly, no Party waives any right to object on

22

STIPULATED PROTECTIVE ORDER

-23-

1 any ground to use in evidence of any of the material covered by this Protective

2 Order.

3

12.3 Filing Protected Material. Without written permission from the

4

Designating Party or a court order secured after appropriate notice to all interested

5

persons, a Party may not file in the public record in this action any Protected

6

7 Material. A Party that seeks to file under seal any Protected Material must comply

8 with all applicable Local Rules. Protected Material may only be filed under seal

9 pursuant to a court order authorizing the sealing of the specific Protected Material

10

at issue. If a Receiving Party's request to file Protected Material under seal is denied

11

by the court, then the Receiving Party may file the information in the public record

12

unless otherwise instructed by the court.

13

14 13. FINAL DISPOSITION

15 Within 60 days after the final disposition of this action, as defined in

16

paragraph 4, each Receiving Party must return all Protected Material to the

17

Producing Party or destroy such material. As used in this subdivision, “all

18

Protected Material” includes all copies, abstracts, compilations, summaries, and

19

any other format reproducing or capturing any of the Protected Material. Whether

20

21 the Protected Material is returned or destroyed, the Receiving Party must submit a

22

STIPULATED PROTECTIVE ORDER

-24-

1 written certification to the Producing Party (and, if not the same person or entity,

2 to the Designating Party) by the 60 day deadline that (1) identifies (by category,

3

where appropriate) all the Protected Material that was returned or destroyed and

4

(2) affirms that the Receiving Party has not retained any copies, abstracts,

5

compilations, summaries or any other format reproducing or capturing any of the

6

7 Protected Material. Notwithstanding this provision, Counsel are entitled to retain

8 an archival copy of all pleadings, motion papers, trial, deposition, and hearing

9 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

10

reports, attorney work product, and consultant and expert work product, even if

11

such materials contain Protected Material. Any such archival copies that contain

12

or constitute Protected Material remain subject to this Protective Order as set forth

13

14 in Section 4 (DURATION).

15

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

16

Dated: April 29, 2021 Law Offices of Todd M. Friedman, P.C.

17

18 By: /s/ Todd M. Friedman

Todd M. Friedman, Esq.

19 Attorney for Plaintiff

20

21

22

STIPULATED PROTECTIVE ORDER

-25-

1

Dated: April 29, 2021

2

By: /s/ Steven Warner (as authorized on

3 April 27, 2021)

Steven Warner

4 Attorney for Defendant Synchrony

Bank

5

6

Dated: April 29, 2021

7 By: /s/ Eric E. Suits (as authorized on

April 22, 2021)

8 Eric E. Suits

Attorney for Defendant Equifax

9

Information Services LLC

10

Dated: April 29, 2021

11 By: /s/ Pamela C. Acebo (as authorized

on April 16, 2021)

12

Pamela C. Acebo

Attorney for Defendant Experian

13

Information Solutions, Inc.

14

15 Dated: April 29, 2021

By: /s/ Nicholas C. Naum (as authorized

16

on April 16, 2021)

Nicholas C. Naum

17

Attorney for Defendant TransUnion

18 LLC

19

20

21

22

STIPULATED PROTECTIVE ORDER

-26-

1

ORDER

2 The court has reviewed the parties’ stipulated protective order, and finds 1t comports with

3 || the relevant authorities and the court’s applicable local rule. See L.R. 141.1(c);! see also Phillips

4 rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002) (requiring a

5 showing of good cause for protective orders). This version of the protective order lists categories

of information sought to be protected, including trade secret and proprietary information and

6

documents with personal identity information. Therefore, the court APPROVES the protective

7

order subject to the following clarification.

8 This court’s Local Rules indicate that once this action is closed, “unless otherwise

9 || ordered, the court will not retain jurisdiction over enforcement of the terms of any protective

10 || order filed in that action.” L.R. 141.1(f). Courts in the district generally do not agree to retain

11 ||Jurisdiction for disputes concerning protective orders after closure of the case. See, e.g., MD

b Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017). Based on this

rationale, the court will not retain jurisdiction in this case once the case is closed.

13

Dated: April 29, 2021

14 Ly

AO Nowe

15 KENDALL J. LK

UNITED STATES MAGISTRATE JUDGE

16 |} bunt.2021

17

18 The Court’s Local Rules instruct the parties, when requesting a protective order, to include in their submission:

(1) A description of the types of information eligible for protection under the order, with the

19 description provided in general terms sufficient to reveal the nature of the information (e.g.,

customer list, formula for soda, diary of a troubled child);

20 (2) A showing of particularized need for protection as to each category of information

proposed to be covered by the order; and

(3) A showing as to why the need for protection should be addressed by a court order, as

opposed to a private agreement between or among the parties.

92 || Local Rule 141.1(c).

STIPULATED PROTECTIVE ORDER

-27-

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury

6

that I have read in its entirety and understand the Stipulated Protective Order that

7

was issued by the United States District Court for the Eastern District of California

8

on [date] in the case of ___________ [insert formal name of the case and the

9

number and initials assigned to it by the court]. I agree to comply with and to

10

11 be bound by all the terms of this Stipulated Protective Order and I understand and

12 acknowledge that failure to so comply could expose me to sanctions and

13

punishment in the nature of contempt. I solemnly promise that I will not disclose

14

in any manner any information or item that is subject to this Stipulated Protective

15

Order to any person or entity except in strict compliance with the provisions of

16

this Order.

17

18 I further agree to submit to the jurisdiction of the United States District

19 Court for the Eastern District of California for the purpose of enforcing the terms

20

of this Stipulated Protective Order, even if such enforcement proceedings occur

21

after termination of this action.

22

STIPULATED PROTECTIVE ORDER

-28-

1 I hereby appoint __________________________ [print or type full name]

2 of _______________________________________ [print or type full address and

3

telephone number] as my California agent for service of process in connection

4

with this action or any proceedings related to enforcement of this Stipulated

5

Protective Order.

6

7

8 Date: ______________________________________

9

10

City and State where sworn and signed: _________________________________

11

12

Printed name: _______________________________

13

14

15 Signature: __________________________________

16

17

18

19

20

21

22

STIPULATED PROTECTIVE ORDER

-29-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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