How later courts described this case
- distinguishing “good cause” g || showing for sealing documents produced in discovery from “compelling reasons” g || standard when merits-related documents are part of court record
- even 11 || stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
1 | TROUTMAN PEPPER HAMILTON SANDERS LLP
Ronald I. Raether, Bar No. 303118
2 || ron.raether@troutman.com
Jessica R. Lohr, Bar No. 302348
3 || jessica.lohr@troutman.com
5 Park Plaza, Suite 1400
4 || Irvine, CA 92614-2545
Telephone: 949.622.2700
5 || Facsimile: 949.622.2739
6 Attorneys for Plaintiff
ACCURATE BACKGROUND, LLC
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 | MARIA MAGDALENA MARTINEZ, | Case No. 8:20-CV-00870-DOC-DFM
» 12 Plaintiff, STIPULATION AND PROPOSED
PROTECTIVE ORDER
: 13 || v.
14 || ACCURATE BACKGROUND, LLC,
15 Defendant.
16
17
18 IT IS HEREBY STIPULATED by and between Plaintiff Maria Martinez
19 || (‘Plaintiff’) and Defendant Accurate Background, LLC, (“Defendant’” and
20 || collectively, the “parties’”), through their respective attorneys of record, as follows:
21 1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
23 || proprietary or private information for which special protection from public disclosure
24 || and from use for any purpose other than pursuing this litigation may be warranted.
95 || Accordingly, the parties hereby stipulate to and petition the Court to enter the
96 || following Stipulated Protective Order. The parties acknowledge that this Order does
97 || not confer blanket protections on all disclosures or responses to discovery and that
9g || the protection it affords from public disclosure and use extends only to the limited
1 || information or items that are entitled to confidential treatment under the applicable
2 || legal principles.
3 2. GOOD CAUSE STATEMENT
4 Fed. R. Civ. P. 26(c)(1) requires a showing of good cause for the entry of a
5 || protective order by the Court to prevent public disclosure of material such as trade
6 || secrets or other confidential research, development, or commercial information.
7 In this action, documents and information have been and may be sought,
8 || produced or exhibited by and among the parties to this action relating to trade secrets,
9 || confidential research, business practices, commercial information, development,
10 || technology or other proprietary information belonging to Defendant (including, but
11 || not limited to, its computer systems, software and processes used for preparing
3 12 || consumer reports, and information derived therefrom), for which special protection
: 13 || from public disclosure and from use for any purpose other than prosecution of this
: 14 || action is warranted, or which may be privileged or otherwise protected from
15 || disclosure under state or federal statutes, court rules, case decisions, or common law.
16 Accordingly, to expedite the flow of information, to facilitate the prompt
17 || resolution of disputes over confidentiality of discovery materials, to adequately
18 || protect information the parties are entitled to keep confidential, to ensure that the
19 || parties are permitted reasonable necessary uses of such material in preparation for
20 || and in the conduct of trial, to address their handling at the end of the litigation, and
21 || serve the ends of justice, a protective order for such information is justified in this
22 || matter.
23 It is the intent of the parties that information will not be designated as
24 || confidential for tactical reasons and that nothing be so designated without a good
25 || faith belief that it has been maintained in a confidential, non-public manner, and there
26 || 1s good cause why it should not be part of the public record of this case.
27
38 3. BN ELEN LOE LANDER SEAL FILING
109274262v1 -2- STIPULATION AND PROTECTIVE ORDER
1 The parties further acknowledge, as set forth in Section 14.3, below, that this
2 || Stipulated Protective Order does not entitle them to file confidential information
3 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
4 || the standards that will be applied when a party seeks permission from the court to
5 || file material under seal. There is a strong presumption that the public has a right of
6 || access to judicial proceedings and records in civil cases. In connection with non-
7 || dispositive motions, good cause must be shown to support a filing under seal. See
8 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
9 || Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
10 || Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
11 || stipulated protective orders require good cause showing), and a specific showing of
¢ 12 || good cause or compelling reasons with proper evidentiary support and legal
: 13 || justification, must be made with respect to Protected Material that a party seeks to
: 14 || file under seal. The parties’ mere designation of Disclosure or Discovery Material as
15 | CONFIDENTIAL does not— without the submission of competent evidence by
16 || declaration, establishing that the material sought to be filed under seal qualifies as
17 || confidential, privileged, or otherwise protectable—constitute good cause.
18 || Further, if a party requests sealing related to a dispositive motion or trial, then
19 || compelling reasons, not only good cause, for the sealing must be shown, and the
20 || relief sought shall be narrowly tailored to serve the specific interest to be protected.
21 || See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each
22 || item or type of information, document, or thing sought to be filed or introduced under
23 || seal, the party seeking protection must articulate compelling reasons, supported by
24 || specific facts and legal justification, for the requested sealing order. Again,
25 || competent evidence supporting the application to file documents under seal must be
26 || provided by declaration.
27 Any document that is not confidential, privileged, or otherwise protectable in
28 || its entirety will not be filed under seal if the confidential portions can be redacted. If
109274262v1 -3- STIPULATION AND PROTECTIVE ORDER
1 || documents can be redacted, then a redacted version for public viewing, omitting only
2 || the confidential, privileged, or otherwise protectable portions of the document, shall
3 || be filed. Any application that seeks to file documents under seal in their entirety
4 || should include an explanation of why redaction is not feasible.
5 4. DEFINITIONS
6 4.1. Action: Maria Martinez v. Accurate Background, LLC, Case No. 8:20-
7 || cv-00870-DOC-DFM (C.D. Cal.).
8 4.2 Challenging Party: a Party or Non-Party that challenges the designation
9 || of information or items under this Order.
10 4.3. “CONFIDENTIAL” Information or Items: information (regardless of
11 || how itis generated, stored or maintained) or tangible things that qualify for protection
12 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
: 13 || Cause Statement.
14 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
15 || their support staff).
16 4.5 Designating Party: a Party or Non-Party that designates information or
17 || items that it produces in disclosures or in responses to discovery as
18 || “CONFIDENTIAL.”
19 4.6 Disclosure or Discovery Material: all items or information, regardless
20 || of the medium or manner in which it is generated, stored, or maintained (including,
21 || among other things, testimony, transcripts, and tangible things), that are produced or
22 || generated in disclosures or responses to discovery.
23 4.7 Expert: a person with specialized knowledge or experience in a matter
24 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
25 || an expert witness or as a consultant in this Action.
26 4.8 House Counsel: attorneys who are employees of a party to this Action.
27 || House Counsel does not include Outside Counsel of Record or any other outside
28 || counsel.
109274262v1 -4- STIPULATION AND PROTECTIVE ORDER
1 4.9 Non-Party: any natural person, partnership, corporation, association or
2 || other legal entity not named as a Party to this action.
3 4.10 Outside Counsel of Record: attorneys who are not employees of a party
4 || to this Action but are retained to represent a party to this Action and have appeared
5 || in this Action on behalf of that party or are affiliated with a law firm that has appeared
6 || on behalf of that party, and includes support staff.’
7 4.11 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 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
11 || Discovery Material in this Action.
12 4.13 Professional Vendors: persons or entities that provide litigation support
: 13 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
: 14 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
15 || and their employees and subcontractors.
16 4.14 Protected Material: any Disclosure or Discovery Material that is
17 || designated as “CONFIDENTIAL.”
18 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
19 || from a Producing Party.
20 5. SCOPE
21 The protections conferred by this Stipulation and Order cover not only
22 || Protected Material (as defined above), but also (1) any information copied or
23 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
24 || compilations of Protected Material; and (3) any testimony, conversations, or
25 || presentations by Parties or their Counsel that might reveal Protected Material.
26 Any use of Protected Material at trial shall be governed by the orders of the
27 || trial judge and other applicable authorities. This Order does not govern the use of
28 || Protected Material at trial.
109274262v1 -5- STIPULATION AND PROTECTIVE ORDER
1 6. DURATION
2 Once a case proceeds to trial, information that was designated as
3 || CONFIDENTIAL or maintained pursuant to this protective order used or introduced
4 || as an exhibit at trial becomes public and will be presumptively available to all
5 || members of the public, including the press, unless compelling reasons supported by
6 || specific factual findings to proceed otherwise are made to the trial judge in advance
7 || of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”
g || showing for sealing documents produced in discovery from “compelling reasons”
g || standard when merits-related documents are part of court record). Accordingly, the
10 || terms of this protective order do not extend beyond the commencement of the trial.
11 7. DESIGNATING PROTECTED MATERIAL
2 12 7.1 Exercise of Restraint and Care in Designating Material for Protection.
13 || Each Party or Non-Party that designates information or items for protection under
14 || this Order must take care to limit any such designation to specific material that
15 || qualifies under the appropriate standards. The Designating Party must designate for
16 || protection only those parts of material, documents, items or oral or written
17 || communications that qualify so that other portions of the material, documents, items
18 || or communications for which protection is not warranted are not swept unjustifiably
19 || within the ambit of this Order.
20 Mass, indiscriminate or routinized designations are prohibited. Designations
91 || that are shown to be clearly unjustified or that have been made for an improper
92 || purpose (e.g., to unnecessarily encumber the case development process or to impose
23 || unnecessary expenses and burdens on other parties) may expose the Designating
34 || Party to sanctions.
25 If it comes to a Designating Party’s attention that information or items that it
96 || designated for protection do not qualify for protection, that Designating Party must
97 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
28
109274262v1 -6- STIPULATION AND PROTECTIVE ORDER
1 Manner and Timing of Designations. Except as otherwise provided in
2 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
3 || that qualifies for protection under this Order must be clearly so designated before the
4 || material is disclosed or produced.
5 Designation in conformity with this Order requires:
6 (a) for information in documentary form (e.g., paper or electronic
7 || documents, but excluding transcripts of depositions or other pretrial or trial
8 || proceedings), that the Producing Party affix at a minimum, the legend
9 | “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
10 || contains protected material. If only a portion of the material on a page qualifies for
11 || protection, the Producing Party also must clearly identify the protected portion(s)
¢ 12 | (e.g., by making appropriate markings in the margins).
: 13 A Party or Non-Party that makes original documents available for inspection
: 14 || need not designate them for protection until after the inspecting Party has indicated
15 || which documents it would like copied and produced. During the inspection and
16 || before the designation, all of the material made available for inspection shall be
17 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
18 || 1t wants copied and produced, the Producing Party must determine which documents,
19 || or portions thereof, qualify for protection under this Order. Then, before producing
20 || the specified documents, the Producing Party must affix the “CONFIDENTIAL
21 || legend” to each page that contains Protected Material. If only a portion of the material
22 || on a page qualifies for protection, the Producing Party also must clearly identify the
23 || protected portion(s) (e.g., by making appropriate markings in the margins).
24 (b) for testimony given in depositions, a party may identify portions
25 || of depositions as containing CONFIDENTIAL information after transcription of the
26 || proceedings. A party will have until thirty (30) days after receipt of the finalized
27 || deposition transcript to inform the other party or parties to the action of the portions
28 || of the transcript to be designated as “CONFIDENTIAL,” which period may be
109274262v1 -7- STIPULATION AND PROTECTIVE ORDER
1 || extended by agreement of the parties. Deposition transcripts should be treated as
2 | CONFIDENTIAL in their entirety during the pendency of this thirty (30) day period.
3 (c) for information produced in some form other than documentary
4 || and for any other tangible items, that the Producing Party affix in a prominent place
5 || on the exterior of the container or containers in which the information is stored the
6 || legend “CONFIDENTIAL.” I[f only a portion or portions of the information warrants
7 || protection, the Producing Party, to the extent practicable, shall identify the protected
8 || portion(s).
9 7.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
10 || failure to designate qualified information or items does not, standing alone, waive
11 || the Designating Party’s right to secure protection under this Order for such material.
¢ 12 || Upon timely correction of a designation, the Receiving Party must make reasonable
: 13 || efforts to assure that the material 1s treated in accordance with the provisions of this
14 || Order.
15 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
16 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
17 || designation of confidentiality at any time that is consistent with the Court’s
18 || Scheduling Order.
19 8.2 Meet _and Confer. The Challenging Party shall initiate the dispute
20 || resolution process under Local Rule 37-1 et seq.
21 8.3. Joint Stipulation. Any challenge submitted to the Court shall be via a
22 || joint stipulation pursuant to Local Rule 37-2.
23 8.4 The burden of persuasion in any such challenge proceeding shall be on
24 || the Designating Party. Frivolous challenges, and those made for an improper purpose
25 || (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
26 || expose the Challenging Party to sanctions. Unless the Designating Party has waived
27 || or withdrawn the confidentiality designation, all parties shall continue to afford the
28
109274262v1 -8- STIPULATION AND PROTECTIVE ORDER
1 || material in question the level of protection to which it is entitled under the Producing
2 || Party’s designation until the Court rules on the challenge.
3 9. ACCESS TO AND USE OF PROTECTED MATERIAL
4 9.1 Basic Principles. A Receiving Party may use Protected Material that is
5 || disclosed or produced by another Party or by a Non-Party in connection with this
6 || Action only for prosecuting, defending or attempting to settle this Action. Such
7 || Protected Material may be disclosed only to the categories of persons and under the
8 || conditions described in this Order. When the Action has been terminated, a Receiving
9 || Party must comply with the provisions of section 15 below (FINAL DISPOSITION).
10 Protected Material must be stored and maintained by a Receiving Party at a
11 || location and in a secure manner that ensures that access is limited to the persons
¢ 12 || authorized under this Order.
: 13 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
: 14 || otherwise ordered by the court or permitted in writing by the Designating Party, a
15 || Receiving Party may disclose any information or item designated
16 || “CONFIDENTIAL” only to:
17 (a) the Receiving Party’s Outside Counsel of Record in this Action,
18 || as well as employees of said Outside Counsel of Record to whom it is reasonably
19 || necessary to disclose the information for this Action;
20
21
22 (b) the officers, directors, and employees (including House Counsel)
23 || of the Receiving Party to whom disclosure is reasonably necessary for this Action;
24 (c) Experts (as defined in this Order) of the Receiving Party to whom
25 || disclosure is reasonably necessary for this Action and who have signed the
26 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
27 (d) the court and its personnel;
28 (e) court reporters and their staff;
109274262v1 -9- STIPULATION AND PROTECTIVE ORDER
1 || () professional jury or trial consultants, mock jurors, and Professional Vendors to
2 || whom disclosure is reasonably necessary for this Action and who have signed the
3 || “Acknowledgment and Agreement to Be Bound’ (Exhibit = A);
4 (g) the author or recipient of a document containing the information
5 || or a custodian or other person who otherwise possessed or knew the information;
6 (h) during their depositions, witnesses, and attorneys for witnesses,
7 || in the Action to whom disclosure is reasonably necessary provided: (1) the deposing
8 || party requests that the witness sign the form attached as Exhibit A hereto; and
9 || (2) they will not be permitted to keep any confidential information unless they sign
10 || the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
11 || agreed by the Designating Party or ordered by the court. Pages of transcribed
¢ 12 || deposition testimony or exhibits to depositions that reveal Protected Material may be
: 13 || separately bound by the court reporter and may not be disclosed to anyone except as
: 14 || permitted under this Stipulated Protective Order;
15 (i) any mediators or settlement officers and their supporting
16 || personnel, mutually agreed upon by any of the parties engaged in settlement
17 || discussions; and
18 (j) Plaintiff.
19
20 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
21 TT
22 If a Party is served with a subpoena or a court order issued in other litigation
23 || that compels disclosure of any information or items designated in this Action as
24 || “CONFIDENTIAL,” that Party must:
25 (a) promptly notify in writing the Designating Party. Such notification
26 || shall include a copy of the subpoena or court order;
27 (b) promptly notify in writing the party who caused the subpoena or
28 || order to issue in the other litigation that some or all of the material covered by the
109274262v1 - 10- STIPULATION AND PROTECTIVE ORDER
1 || subpoena or order is subject to this Protective Order. Such notification shall include
2 || acopy of this Stipulated Protective Order; and
3 (c) cooperate with respect to all reasonable procedures sought to be
4 || pursued by the Designating Party whose Protected Material may be affected. If the
5 || Designating Party timely seeks a protective order, the Party served with the subpoena
6 || or court order shall not produce any information designated in this action as
7 || “CONFIDENTIAL” before a determination by the court from which the subpoena or
8 || order issued, unless the Party has obtained the Designating Party’s permission. The
9 || Designating Party shall bear the burden and expense of seeking protection in that
10 || court of its confidential material and nothing in these provisions should be construed
11 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
¢ 12 || directive from another court.
13 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
{4 | PRODUCEDIN THIS LITIGATION ©
15 (a) The terms of this Order are applicable to information produced
16 || by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
17 || information produced by Non-Parties in connection with this litigation is protected
18 || by the remedies and relief provided by this Order. Nothing in these provisions should
19 || be construed as prohibiting a Non-Party from seeking additional protections.
20 (b) In the event that a Party is required, by a valid discovery request,
21 || to produce a Non-Party’s confidential information in its possession, and the Party is
22 || subject to an agreement with the Non-Party not to produce the Non-Party’s
23 || confidential information, then the Party shall:
24 (1) promptly notify in writing the Requesting Party and the
25 || Non-Party that some or all of the information requested is subject to a confidentiality
26 || agreement with a Non-Party;
27 (2) promptly provide the Non-Party with a copy of the
28 || Stipulated Protective Order in this Action, the relevant discovery request(s), and a
109274262v1 -ll- STIPULATION AND PROTECTIVE ORDER
] || reasonably specific description of the information requested; and
2 (3) make the information requested available for inspection by
3 || the Non-Party, if requested.
4 (c) If the Non-Party fails to seek a protective order from this court
5 || within 14 days of receiving the notice and accompanying information, the Receiving
6 || Party may produce the Non-Party’s confidential information responsive to the
7 || discovery request. If the Non-Party timely seeks a protective order, the Receiving
8 || Party shall not produce any information in its possession or control that is subject to
9 || the confidentiality agreement with the Non-Party before a determination by the court.
10 || Absent a court order to the contrary, the Non-Party shall bear the burden and expense
11 || of seeking protection in this court of its Protected Material.
12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED
ne
14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
15 || Protected Material to any person or in any circumstance not authorized under this
16 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
17 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
18 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
19 || persons to whom unauthorized disclosures were made of all the terms of this Order,
20 || and (d) request such person or persons to execute the “Acknowledgment an
21 || Agreement to Be Bound” attached hereto as Exhibit A.
22 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
23 Te
24 When a Producing Party gives notice to Receiving Parties that certain
25 || inadvertently produced material is subject to a claim of privilege or other protection,
26 || the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
27 || Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
28 || may be established in an e-discovery order that provides for production without prior
109274262v1 -12- STIPULATION AND PROTECTIVE ORDER
1 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
2 || parties reach an agreement on the effect of disclosure of a communication or
3 || information covered by the attorney-client privilege or work product protection, the
4 || parties may incorporate their agreement in the stipulated protective order submitted
5 || to the court.
6 14. MISCELLANEOUS
7 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
8 || person to seek its modification by the Court in the future.
9 14.2 Right to Assert Other Objections. By stipulating to the entry of this
10 || Protective Order, no Party waives any right it otherwise would have to object to
11 || disclosing or producing any information or item on any ground not addressed in this
¢ 12 || Stipulated Protective Order. Similarly, no Party waives any right to object on any
: 13 || ground to use in evidence of any of the material covered by this Protective Order.
: 14 14.3. Filing Protected Material. A Party that seeks to file under seal any
15 || Protected Material must comply with Local Civil Rule 79-5. Protected Material may
16 || only be filed under seal pursuant to a court order authorizing the sealing of the
17 || specific Protected Material. If a Party’s request to file Protected Material under seal
18 || 1s denied by the court, then the Receiving Party may file the information in the public
19 || record unless otherwise instructed by the court.
20 15. FINAL DISPOSITION
21 After the final disposition of this Action, as defined in paragraph 6, within 60
22 || days of a written request by the Designating Party, each Receiving Party must return
23 || all Protected Material to the Producing Party or destroy such material. As used in this
24 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,
25 || summaries, and any other format reproducing or capturing any of the Protected
26 || Material. Whether the Protected Material is returned or destroyed, the Receiving
27 || Party must submit a written certification to the Producing Party (and, if not the same
28 || person or entity, to the Designating Party) by the 60-day deadline that (1) identifies
109274262v1 - 13 - STIPULATION AND PROTECTIVE ORDER
1 || (by category, where appropriate) all the Protected Material that was returned or
2 || destroyed and (2) affirms that the Receiving Party has not retained any copies,
3 || abstracts, compilations, summaries or any other format reproducing or capturing any
4 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to
5 || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
6 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
7 || reports, attorney work product, and consultant and expert work product, even if such
8 || materials contain Protected Material. Any such archival copies that contain or
9 || constitute Protected Material remain subject to this Protective Order as set forth in
10 || Section 6 (DURATION).
11 16. VIOLATION
12 Any violation of this Order may be punished by appropriate measures
: 13 || including, without limitation, contempt proceedings and/or monetary sanctions.
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109274262v1 -14- STIPULATION AND PROTECTIVE ORDER
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2 Dated: August 5, 2020 LOKER LAW, APC
3
4 By: /s/ Matthew Loker
5 Matthew Loker
Attorneys for Plaintiff
6 MARIA MAGDALENA
5 MARTINEZ
8 || Dated: August , 2020 TROUTMAN PEPPER HAMILTON
9 SANDERS LLP
10
By. eee
11 Ronald I. Raether
Attomeys for Plaintiff
12 ACCURATE BACKGROUND, LLC
3
‘ 14 Signature Certification
15 || Pursuant to Local Rule 5-4.3.4(a)(2), I hereby certify that all other signatories
16 || listed, on whose behalf this filing is submitted, concur with the contents of this
17 || filing and have authorized the filing.
18 /s/ Jessica R. Lohr
19 Jessica R. Lohr
20
21
22 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
23
24
DATED: August 5, 2020
25 DOUGLAS F. McCORMICK
26 United States Magistrate Judge
27
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109274262v1 -15- STIPULATION AND PROTECTIVE ORDER
1 EXHIBIT A
2 DECLARATION OF COMPLIANCE
3 Maria Magdalena Martinez v. Accurate Background, LLC.
4 United States District Court, Central District of California
Case No. 8:20-cv-00870-DOC-DFM
5
6 I, , declare as follows:
7 1. My address is
8 2. My present employer is
9 3. My present occupation or job description is
10 4 I have received a copy of the Stipulated Protective Order entered in this
1] |} action on , 2020.
2 12 5. I have carefully read and understand the provisions of this Stipulated
13 || Protective Order.
14 6. I will comply with all provisions of this Stipulated Protective Order.
15 7. I will hold in confidence, and will not disclose to anyone not qualified
16 || under the Stipulated Protective Order, any information, documents or other materials
17 || produced subject to this Stipulated Protective Order.
18 8. I will use such information, documents or other materials produced
19 || subject to this Stipulated Protective Order only for purposes of this present action.
20 9. Upon termination of this action, or upon request, I will return and deliver
21 || all information, documents or other materials produced subject to this Stipulated
22 || Protective Order, and all documents or things which I have prepared relating to the
93 || information, documents or other materials that are subject to the Stipulated Protective
24 || Order, to my counsel in this action, or to counsel for the party by whom I am
95 || employed or retained or from whom I received the documents.
26 10. I hereby submit to the jurisdiction of this Court for the purposes of
97 || enforcing the Stipulated Protective Order in this action.
28
109274262v1 - 16 - STIPULATION AND PROTECTIVE ORDER
1 I declare under penalty of perjury under the laws of the United States that the
2 || following is true and correct.
3 Executed this ___— day _—of , 2020 at .
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