Opinion

Anthony Sunseri v. Experian Information Solutions, Inc.

Court
District Court, C.D. California
Filed
Feb 17, 2021
Cited by
0 cases
Authority
More cited than 17.9%

distinguishing “good cause” showing for sealing 26 27 documents produced in discovery from “compelling reasons” standard when merits- 28 related documents are part of court record

How later courts described this case

  • distinguishing “good cause” showing for sealing 26 27 documents produced in discovery from “compelling reasons” standard when merits- 28 related documents are part of court record
  • even stipulated protective 15 16 orders require good cause showing

Written by the judges who cited it.

The opinion

1 Jenna Dakroub, MN #0401650

2 (admitted pro hac vice)

Price Law Group, APC

3

8245 N. 85th Way

4 Scottsdale, AZ 85258

T: (818) 600-5513

5

F: (818) 600-5413

6 E: jenna@pricelawgroup.com

7

Lauren Tegan Rodkey, Esq. (SBN: 275830)

8 Price Law Group, APC

6345 Balboa Boulevard, Suite 247

9

Encino, CA 91316

10 T: (818) 600-5526

F: (818) 600-5426

11

E: tegan@pricelawgroup.com

12 Attorneys for Plaintiff,

Anthony Sunseri

13

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA

16

17

ANTHONY SUNSERI, Case No.: 2:20-cv-08932-DOC-RAO

18 Plaintiff,

19 v. STIPULATED PROTECTIVE

EXPERIAN INFORMATION ORDER

20 SOLUTIONS, INC.; and CREDIT

21 MANAGEMENT, LP

22 Defendants.

23

24

25

1. A. PURPOSES AND LIMITATIONS

26

Discovery in this action is likely to involve production of confidential,

27

28 proprietary or private information for which special protection from public

1 disclosure and from use for any purpose other than prosecuting this litigation may

2

be warranted. Accordingly, the parties hereby stipulate to and petition the Court to

3

4 enter the following Stipulated Protective Order. The parties acknowledge that this

5

Order does not confer blanket protections on all disclosures or responses to

6

discovery and that the protection it affords from public disclosure and use extends

7

8 only to the limited information or items that are entitled to confidential treatment

9

under the applicable legal principles.

10

B. GOOD CAUSE STATEMENT

11

12 The parties seek protection for all confidential proprietary documents,

13

testimony, transcripts and other materials in this action produced by any party or

14

non-party and the information contained therein.

15

16 The documents to be produced by Plaintiff and Defendant contain sensitive

17

personal information, such as social security number, date of birth, addresses, and

18

19 phone numbers. Plaintiff will further be disclosing information regarding his

20 financial and credit accounts. Plaintiff will be at risk from potential identity theft if

21

his information were to get into the wrong hands. Further, in connection with the

22

23 Action, Plaintiff likely will seek discovery or testimony regarding certain of

24 Defendant’s confidential and proprietary trade secrets and other business

25

information including, but not limited to, codes, computer systems, software and

26

27 processes used for credit reporting, and information derived therefrom.

28 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

1 The parties further acknowledge, as set forth in Section 12.3, below, that this

2

Stipulated Protective Order does not entitle them to file confidential information

3

4 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed

5

and the standards that will be applied when a party seeks permission from the court

6

to file material under seal.

7

8 There is a strong presumption that the public has a right of access to judicial

9

proceedings and records in civil cases. In connection with non-dispositive motions,

10

good cause must be shown to support a filing under seal. See Kamakana v. City

11

12 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen.

13

Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony

14

Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective

15

16 orders require good cause showing), and a specific showing of good cause or

17

compelling reasons with proper evidentiary support and legal justification, must be

18

19 made with respect to Protected Material that a party seeks to file under seal. The

20 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

21

does not—without the submission of competent evidence by declaration,

22

23 establishing that the material sought to be filed under seal qualifies as confidential,

24 privileged, or otherwise protectable—constitute good cause.

25

Further, if a party requests sealing related to a dispositive motion or trial,

26

27 then compelling reasons, not only good cause, for the sealing must be shown, and

28 the relief sought shall be narrowly tailored to serve the specific interest to be

1 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir.

2

2010). For each item or type of information, document, or thing sought to be filed

3

4 or introduced under seal in connection with a dispositive motion or trial, the party

5

seeking protection must articulate compelling reasons, supported by specific facts

6

and legal justification, for the requested sealing order. Again, competent evidence

7

8 supporting the application to file documents under seal must be provided by

9

declaration.

10

Any document that is not confidential, privileged, or otherwise protectable in

11

12 its entirety will not be filed under seal if the confidential portions can be redacted.

13

If documents can be redacted, then a redacted version for public viewing, omitting

14

only the confidential, privileged, or otherwise protectable portions of the document

15

16 shall be filed. Any application that seeks to file documents under seal in their

17

entirety should include an explanation of why redaction is not feasible.

18

19 2. DEFINITIONS

20 2.1 Action: this pending lawsuit, entitled Anthony Sunseri v. Experian

21

Information Solutions, Inc., et al., Case No. 2:20-cv-08932-MCS-RAO.

22

23

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

24

25 designation of information or items under this Order.

26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

27

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

28

1 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

2

the Good Cause Statement.

3

4 2.4 “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” Information or

5

Items: information (regardless of how it is generated, stored or maintained) or

6

tangible things that qualify for protection under Federal Rule of Civil Procedure

7

8 26(c), and as specified above in the Good Cause Statement, that a Designating Party

9

believes in good faith that, despite the provisions of this Protective Order, there is a

10

substantial risk of identifiable harm to the Designating Party if particular

11

12 documents it designates as “CONFIDENTIAL” are disclosed to a Party or Non-

13

Party.

14

2.5 Counsel: Outside Counsel of Record and House Counsel (as well as

15

16 their support staff).

17

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

18

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

20 “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.”

21

2.7 Disclosure or Discovery Material: all items or information, regardless

22

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

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

25

generated in disclosures or responses to discovery in this matter.

26

27 2.8 Expert: a person with specialized knowledge or experience in a matter

28 pertinent to the litigation who has been retained by a Party or its counsel to serve as

1 an expert witness or as a consultant in this Action.

2

2.9 House Counsel: attorneys who are employees of a party to this Action.

3

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

5

counsel.

6

2.10 Non-Party: any natural person, partnership, corporation, association or

7

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

9

2.11 Outside Counsel of Record: attorneys who are not employees of a

10

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

11

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

13

that has appeared on behalf of that party, and includes support staff.

14

2.12 Party: any party to this Action, including all of its officers, directors,

15

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

17

support staffs).

18

19 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.

21

2.14 Professional Vendors: persons or entities that provide litigation

22

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

24 demonstrations, and organizing, storing, or retrieving data in any form or medium)

25

and their employees and subcontractors.

26

27 2.15 Protected Material: any Disclosure or Discovery Material that is

28 designated as “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES

1 ONLY.”

2

2.16 Receiving Party: a Party that receives Disclosure or Discovery

3

4 Material from a Producing Party.

5

3. SCOPE

6

The protections conferred by this Stipulation and Order cover not only

7

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

9

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

10

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

11

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

13

Any use of Protected Material at trial shall be governed by the orders of the

14

trial judge. This Order does not govern the use of Protected Material at trial.

15

16 4. DURATION

17

Once a case proceeds to trial, information that was designated as

18

19 “CONFIDENTIAL,” “CONFIDENTIAL–ATTORNEYS’ EYES ONLY,” or

20 maintained pursuant to this Protective Order used or introduced as an exhibit at trial

21

becomes public and will be presumptively available to all members of the public,

22

23 including the press, unless compelling reasons supported by specific factual

24 findings to proceed otherwise are made to the trial judge in advance of the trial. See

25

Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing

26

27 documents produced in discovery from “compelling reasons” standard when merits-

28 related documents are part of court record). Accordingly, the terms of this

1 Protective Order do not extend beyond the commencement of the trial as to

2

Protected Material used at trial.

3

4 Notwithstanding the foregoing, even after final disposition of this litigation,

5

the confidentiality obligations imposed by this Order will remain in effect until a

6

Designating Party agrees otherwise in writing or a court order otherwise directs,

7

8 and all Protected Material, including all documents designated as

9

“CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” and/or

10

admitted as evidence at trial, shall be returned to the Designating Party as set forth

11

12 in Paragraph 13 below. Final disposition will be deemed to be the later of

13

(1) dismissal of all claims and defenses in this Action, with or without prejudice;

14

and (2) final judgment herein after the completion and exhaustion of all appeals,

15

16 rehearings, remands, trials, or reviews of this Action, including the time limits for

17

filing any motions or applications for extension of time pursuant to applicable law.

18

19 5. DESIGNATING PROTECTED MATERIAL

20 5.1 Exercise of Restraint and Care in Designating Material for Protection.

21

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

22

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

24 qualifies under the appropriate standards. The Designating Party must designate for

25

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

26

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

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

1 unjustifiably within the ambit of this Order.

2

Mass, indiscriminate or routinized designations are prohibited. Designations

3

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

5

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

6

impose unnecessary expenses and burdens on other parties) may expose the

7

8 Designating Party to sanctions.

9

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

10

designated for protection do not qualify for protection, that Designating Party must

11

12 promptly notify all other Parties that it is withdrawing the inapplicable designation.

13

5.2 Manner and Timing of Designations. Except as otherwise provided in

14

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

15

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

17

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

18

19 produced.

20 Designation in conformity with this Order requires:

21

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

22

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

24

proceedings), that the Producing Party affix at a minimum, the legend

25

“CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY”

26

27 (hereinafter “CONFIDENTIAL legend”), to each page that contains Protected

28

1 Producing Party also must clearly identify the protected portion(s) (e.g., by making

2

appropriate markings in the margins).

3

4 A Party or Non-Party that makes original documents available for inspection

5

need not designate them for protection until after the inspecting Party has indicated

6

which documents it would like copied and produced. During the inspection and

7

8 before the designation, all of the material made available for inspection shall be

9

deemed “CONFIDENTIAL.” After the inspecting Party has identified the

10

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

11

12 which documents, or portions thereof, qualify for protection under this Order.

13

Then, before producing the specified documents, the Producing Party must affix the

14

“CONFIDENTIAL legend” to each page that contains Protected Material. If only a

15

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

17

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

18

19 in the margins).

20

(b) for testimony given in depositions, that the Designating Party identifies

21

the Disclosure or Discovery Material on the record, before the close of the

22

23 deposition all protected testimony, or within twenty-one (21) days from the date a

24

deposition transcript is received by serving a notice to all Parties designating

25

portions of the transcript as “CONFIDENTIAL” or “CONFIDENTIAL–

26

27 ATTORNEYS’ EYES ONLY.” Until such time, all deposition testimony shall be

28

1 record during the deposition, the Designating Party need not serve a notice re-

2

designating those portions of the transcript as “CONFIDENTIAL” or

3

4 “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.”

5

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

6

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

8 exterior of the container or containers in which the information is stored the legend

9

“CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” If

10

11 only a portion or portions of the information warrants protection, the Producing

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

13

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

14

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

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

17

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

18

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

20

provisions of this Order.

21

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

22

23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

24

designation of confidentiality at any time that is consistent with the Court’s

25

Scheduling Order.

26

27 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

28

1 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

2

joint stipulation pursuant to Local Civil Rule 37-2.

3

4 6.4 The burden of persuasion in any such challenge proceeding shall be on

5

the Designating Party. Frivolous challenges, and those made for an improper

6

purpose (e.g., to harass or impose unnecessary expenses and burdens on other

7

8 parties) may expose the Challenging Party to sanctions. Unless the Designating

9

Party has waived or withdrawn the confidentiality designation, all parties shall

10

continue to afford the material in question the level of protection to which it is

11

12 entitled under the Producing Party’s designation until the Court rules on the

13

challenge.

14

7. ACCESS TO AND USE OF PROTECTED MATERIAL

15

16 7.1 Basic Principles. A Receiving Party may use Protected Material that is

17

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

18

19 Action only for prosecuting, defending or attempting to settle this Action. Such

20 Protected Material may be disclosed only to the categories of persons and under the

21

conditions described in this Order. When the Action has been terminated, a

22

23 Receiving Party must comply with the provisions of section 13 below (FINAL

24 DISPOSITION).

25

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

26

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

28 authorized under this Order.

1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

2

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

3

4 Receiving Party may disclose any information or item designated

5

“CONFIDENTIAL” only to:

6

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

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

9

to disclose the information for this Action;

10

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

12

Receiving Party to whom disclosure is reasonably necessary for this Action;

13

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

14

15 disclosure is reasonably necessary for this Action and who have signed the

16

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

17

(d) the court and its personnel;

18

19

(e) court reporters and their staff;

20

(f) professional jury or trial consultants, mock jurors, and Professional

21

22 Vendors to whom disclosure is reasonably necessary for this Action and who have

23

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

24

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

25

26 custodian or other person who otherwise possessed or knew the information;

27

(h) during their depositions, witnesses, and attorneys for witnesses, in the

28

1 Action to whom disclosure is reasonably necessary provided: (1) the deposing party

2

requests that the witness sign the “Acknowledgment and Agreement to Be Bound”

3

4 (Exhibit A); and (2) they will not be permitted to keep any confidential information

5

unless otherwise agreed by the Designating Party or ordered by the court. Pages of

6

transcribed deposition testimony or exhibits to depositions that reveal Protected

7

8 Material may be separately bound by the court reporter and may not be disclosed to

9

anyone except as permitted under this Stipulated Protective Order;

10

11 (i) any mediator or settlement officer, and their supporting personnel,

12 mutually agreed upon by any of the parties engaged in settlement discussions; and

13

(j) present or former employees of the Producing Party in connection with

14

15 their depositions in this action (provided that no former employees shall be shown

16

documents prepared after the date of his or her departure).

17

7.3 Disclosure of “CONFIDENTIAL–ATTORNEYS’ EYES ONLY”

18

19 Information or Items. Unless otherwise ordered by the court or permitted in writing

20

by the Designating Party, a Receiving Party may disclose any information or item

21

designated “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” only to:

22

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

24

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

25

to disclose the information for this Action and who have signed the

26

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

28

1 (b) Experts (as defined in this Order) of the Receiving Party to whom

2

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

3

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

5

(c) the court and its personnel;

6

7 (d) court reporters and their staff to whom disclosure is reasonably necessary

8

for this Action and who have signed the “Acknowledgment and Agreement to Be

9

Bound” (Exhibit A); and

10

11 (e) the author or recipient of a document containing the information or a

12

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

13

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

14

15 IN OTHER LITIGATION

16

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

17

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

18

19 “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY,” that

20

Party must:

21

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

23 include a copy of the subpoena or court order;

24

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

25

26 issue in the other litigation that some or all of the material covered by the subpoena

27

or order is subject to this Protective Order. Such notification shall include a copy

28

1 of this Stipulated Protective Order; and

2

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

3

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

5

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

6

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

8 action as “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES

9

ONLY” before a determination by the court from which the subpoena or order

10

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

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

13

court of its confidential material and nothing in these provisions should be

14

15 construed as authorizing or encouraging a Receiving Party in this Action to disobey

16 a lawful directive from another court.

17

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

18

19 PRODUCED IN THIS LITIGATION

20

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

21

Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL–

22

23 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in

24

connection with this litigation is protected by the remedies and relief provided by

25

this Order. Nothing in these provisions should be construed as prohibiting a Non-

26

27 Party from seeking additional protections.

28

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

2

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

3

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

5

confidential information, then the Party shall:

6

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

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

9

agreement with a Non-Party;

10

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

12

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

13

reasonably specific description of the information requested; and

14

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

16

Non-Party, if requested.

17

(c) If the Non-Party fails to seek a protective order from this court within 14

18

19 days of receiving the notice and accompanying information, the Receiving Party

20

may produce the Non-Party’s confidential information responsive to the discovery

21

22 request. If the Non-Party timely seeks a protective order, the Receiving Party shall

23 not produce any information in its possession or control that is subject to the

24

confidentiality agreement with the Non-Party before a determination by the court.

25

26 Absent a court order to the contrary, the Non-Party shall bear the burden and

27 expense of seeking protection in this court of its Protected Material.

28

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2

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

3

4 Protected Material to any person or in any circumstance not authorized under this

5

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

6

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

7

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

9

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

10

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

11

12 and Agreement to Be Bound” that is attached hereto as Exhibit A.

13

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

14

PROTECTED MATERIAL

15

16 When a Producing Party gives notice to Receiving Parties that certain

17

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

18

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

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

21

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

22

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

24 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

25

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

26

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

28 protective order submitted to the court.

1 12. MISCELLANEOUS

2

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

3

4 person to seek its modification by the Court in the future.

5

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

6

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

7

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

9

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

10

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

11

12 Order.

13

12.3 Filing Protected Material. A Party that seeks to file under seal any

14

Protected Material must comply with Local Civil Rule 79-5. Protected Material

15

16 may only be filed under seal pursuant to a court order authorizing the sealing of the

17

specific Protected Material at issue. If a Party’s request to file Protected Material

18

19 under seal is denied by the court, then the Receiving Party may file the information

20 in the public record unless otherwise instructed by the court.

21

13. FINAL DISPOSITION

22

23 After the final disposition of this Action, as defined in paragraph 4, within 60

24 days of a written request by the Designating Party, each Receiving Party must

25

return all Protected Material to the Producing Party or destroy such material. As

26

27 used in this subdivision, “all Protected Material” includes all copies, abstracts,

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

1 Protected Material. Whether the Protected Material is returned or destroyed, the

2

Receiving Party must submit a written certification to the Producing Party (and, if

3

4 not the same person or entity, to the Designating Party) by the 60 day deadline that

5

(1) identifies (by category, where appropriate) all the Protected Material that was

6

returned or destroyed and (2) affirms that the Receiving Party has not retained any

7

8 copies, abstracts, compilations, summaries or any other format reproducing or

9

capturing any of the Protected Material. Notwithstanding this provision, Counsel

10

are entitled to retain an archival copy of all pleadings, motion papers, trial,

11

12 deposition, and hearing transcripts, legal memoranda, correspondence, deposition

13

and trial exhibits, expert reports, attorney work product, and consultant and expert

14

work product, even if such materials contain Protected Material. Any such archival

15

16 copies that contain or constitute Protected Material remain subject to this Protective

17

Order as set forth in Section 4 (DURATION).

18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

1

14. VIOLATION

2

3 Any violation of this Order may be punished by appropriate measures including,

4 || without limitation, contempt proceedings and/or monetary sanctions.

5

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6

7

DATED: February 17, 2021 By: s/ Jenna Dakroub

8 Jenna Dakroub, MN #0401650

9 (admitted pro hac vice)

Price Law Group, APC

10 8245 N. 85th Way

il Scottsdale, AZ 85258

T: (818) 600-5513

12 E: jenna@pricelawgroup.com

13

Lauren Tegan Rodkey, (SBN: 275830)

14 Price Law Group, APC

15 6345 Balboa Boulevard, Suite 247

Encino, CA 91316

16 T: (818) 600-5526

17 E: tegan@pricelawgroup.com

Attorneys for Plaintiff, Anthony Sunseri

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19 || DATED: February 17, 2021 By: s/Jennifer Sun

Jennifer Sun

20 JONES DAY

71 Counsel for Defendant

0 Experian Information Solutions, Inc.

23

34 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

25 || DATED: February 17, 2021

26 Raped □□□ On . Od.

97 || HON. ROZELLA A. OLIVER

38 United States Magistrate Judge

“1

1 SIGNATURE CERTIFICATION

2

Pursuant to L.R. 5-4.3.4(a)(2), I hereby certify that all other signatories listed,

3

4 on whose behalf this filing is submitted, concur with the contents of this filing and

5

have authorized the filing.

6

By: s/ Jenna Dakroub

7

Jenna Dakroub, MN #0401650

8 (admitted pro hac vice)

Price Law Group, APC

9

8245 N. 85th Way

10 Scottsdale, AZ 85258

T: (818) 600-5513

11

F: (818) 600-5413

12 E: jenna@pricelawgroup.com

13

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1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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_________________ [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 was

7

8 issued by the United States District Court for the Central District of California on

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_________________ [date] in the case of Anthony Sunseri v. Experian Information

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Solutions, Inc., et al., Case No.: 2:20-cv-08932-MCS-RAO. I agree to comply with

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

13

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

14

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

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

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

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

20 for the Central District of California for enforcing the terms of this Stipulated

21

Protective Order, even if such enforcement proceedings occur after termination of

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23 this action. I hereby appoint __________________________ [print or type full

24 name] of _______________________________________ [print or type full address

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

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

28 Protective Order.

1 Date: ______________________________________

2

City and State where sworn and signed: _________________________________

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Printed name: _______________________________

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8 Signature: __________________________________

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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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