Opinion

Maria Magdalena Martinez v. Accurate Background, LLC

Court
District Court, C.D. California
Filed
Aug 5, 2020
Authority
More cited than 17.9%

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.

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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

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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

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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.

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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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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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