Fausto Bustos v. Royal Bank of Canada

1 Julian Burns King (Bar No. 298617)

julian@kingsiegel.com

2

Elliot J. Siegel (Bar No. 312272)

3 margaret@kingsiegel.com

KING & SIEGEL LLP

4

724 South Spring Street, Suite 214

5 Los Angeles, California 90014

tel: (213) 465-4802

6

fax: (213) 289-2815

7

LAW OFFICE OF LINCOLN W. ELLIS

8

LINCOLN ELLIS (Bar No. 283657)

9 lincoln.lawyer.ca@gmail.com

292 S. La Cienega Boulevard, Suite 207

10

Beverly Hills, California 90211

11 Telephone: (213) 207-6692

Facsimile: (855) 701-5136

12

Attorneys for Plaintiff

13

JEFFER MANGELS BUTLER & MITCHELL LLP

14

MARTA M. FERNANDEZ (Bar No. 120540)

mfernandez@jmbm.com

15

VINCE FARHAT (Bar No. 183794)

VFarhat@jmbm.com

16

BRIANNA FRAZIER EARLEY (Bar No. 297354)

BFrazierEarley@jmbm.com

17

1900 Avenue of the Stars, 7th Floor

Los Angeles, California 90067-4308

18

Telephone: (310) 203-8080

Facsimile: (310) 203-0567

19

Attorneys for Defendants Royal Bank of

20

Canada and City National Bank

21

UNITED STATES DISTRICT COURT

22

CENTRAL DISTRICT OF CALIFORNIA

23 Fausto Bustos, an individual,

Case No. 2:21-cv-04879-JAK-(GJSx)

24 Plaintiff,

vs. STIPULATED PROTECTIVE

25 ORDER

Royal Bank of Canada, a

26 corporation, City National Bank, a

corporation; and Does 1-10, inclusive,

27

Defendants.

1 1. A. PURPOSES AND LIMITATIONS

2 Disclosures and discovery in this action are likely to involve production of

3 confidential, proprietary or private information for which special protection from

4 public disclosure and from use for any purpose other than prosecuting this litigation

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

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

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

8 and that the protection it affords from public disclosure and use extends only to the

9 limited information or items that are entitled to confidential treatment under the

10 applicable legal principles. The parties further acknowledge, as set forth in Section

11 12.3, below, that this Stipulated Protective Order does not entitle them to file

12 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

13 that must be followed and the standards that will be applied when a party seeks

14 permission from the Court to file material under seal.

15 B. GOOD CAUSE STATEMENT

16 This action is likely to involve trade secrets, customer and pricing lists and

17 other valuable commercial, financial, technical and/or proprietary information for

18 which special protection from public disclosure and from use for any purpose other

19 than prosecution of this action is warranted. Such confidential and proprietary

20 materials and information consist of, among other things, confidential business or

21 financial information, information regarding confidential business practices,

22 individual banking information, Defendants’ technological security practices,

23 Plaintiffs’ confidential medical or personal information, and/or other confidential

24 research, development, or commercial information (including information

25 implicating privacy rights of third parties), information otherwise generally

26 unavailable to the public, or which may be privileged or otherwise protected from

27 disclosure under state or federal statutes, court rules, case decisions, or common law.

1 of disputes over confidentiality of discovery materials, to adequately protect

2 information the parties are entitled to keep confidential, to ensure that the parties are

3 permitted reasonable necessary uses of such material in preparation for and in the

4 conduct of trial, to address their handling at the end of the litigation, and serve the

5 ends of justice, a protective order for such information is justified in this matter. It is

6 the intent of the parties that information will not be designated as confidential for

7 tactical reasons and that nothing be so designated without a good faith belief that it

8 has been maintained in a confidential, non-public manner, and there is good cause

9 why it should not be part of the public record of this case.

10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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

12 Stipulated Protective Order does not entitle them to file confidential information

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

14 the standards that will be applied when a party seeks permission from the court to file

15 material under seal.

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

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

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

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

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

21 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good

22 cause showing), and a specific showing of good cause or compelling reasons with

23 proper evidentiary support and legal justification, must be made with respect to

24 Protected Material that a party seeks to file under seal. The parties’ mere designation

25 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the

26 submission of competent evidence by declaration, establishing that the material

27 sought to be filed under seal qualifies as confidential, privileged, or otherwise

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

2 compelling reasons, not only good cause, for the sealing must be shown, and the relief

3 sought shall be narrowly tailored to serve the specific interest to be protected. See

4 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each

5 item or type of information, document, or thing sought to be filed or introduced under

6 seal in connection with a dispositive motion or trial, the party seeking protection must

7 articulate compelling reasons, supported by specific facts and legal justification, for

8 the requested sealing order. Again, competent evidence supporting the application to

9 file documents under seal must be provided by declaration.

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

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

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

13 the confidential, privileged, or otherwise protectable portions of the document, shall

14 be filed. Any application that seeks to file documents under seal in their entirety

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

16 2. DEFINITIONS

17 2.0 Action: Fausto Bustos v. Royal Bank of Canada, et al., filed in the

18 United States District Court for the Central District of California on June 15, 2021,

19 Case No. 2:21-cv-04879-JAK-(GJSx).

20 2.1 "ATTORNEYS' EYES ONLY" Information or Items: means that subset

21 of information meeting the definition of "CONFIDENTIAL" set forth below and

22 which is so highly sensitive that disclosure would create a substantial risk of serious

23 injury that could not be avoided by less restrictive means. The Designating Party, as

24 defined below, shall bear the ultimate burden of proving that any information it has

25 designated "Confidential—Attorneys' Eyes Only" meets the foregoing definition.

26 2.2 Challenging Party: a Party or Non-Party that challenges the designation

27 of information or items under this Order.

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

2 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

3 Cause Statement.

4 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

5 support staff).

6 2.5 Designating Party: a Party or Non-Party that designates information or

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

8 “CONFIDENTIAL.”

9 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

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

13 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

16 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

18 counsel.

19 2.9 Non-Party: any natural person, partnership, corporation, association or

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

21 2.10 Outside Counsel of Record: attorneys who are not employees of a party

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

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

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

25 2.11 Party: any party to this Action, including all of its officers, directors,

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

27 support staffs).

1 Discovery Material in this Action.

2 2.13 Professional Vendors: persons or entities that provide litigation support

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

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

5 and their employees and subcontractors.

6 2.14 Protected Material: any Disclosure or Discovery Material that is

7 designated as “CONFIDENTIAL” or "ATTORNEYS' EYES ONLY".

8 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

9 from a Producing Party.

10 3. SCOPE

11 The protections conferred by this Stipulation and Order cover not only

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

13 from Protected Material; (2) all copies, excerpts, summaries, or compilations of

14 Protected Material; and (3) any testimony, conversations, or presentations by Parties

15 or their Counsel that might reveal Protected Material.

16 In the event that non-parties produce Confidential or Attorneys' Eyes Only

17 Information or Items in connection with this Action, the production may be made

18 subject to the provisions of this Order. As necessary and appropriate to uphold the

19 terms of this Order, the existence of this Order may be disclosed to any person

20 (including any non-party served with a subpoena in this action) producing

21 Confidential and Attorneys' Eyes Only Information or Items in this Action.

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

23 trial judge and other applicable authorities. This Order does not govern the use of

24 Protected Material at trial.

25 4. DURATION

26 FINAL DISPOSITION of the action is defined as the conclusion of any

27 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal

1 FINAL DISPOSITION of the action. The parties may stipulate that the they will be

2 contractually bound by the terms of this agreement beyond FINAL DISPOSITION,

3 but will have to file a separate action for enforcement of the agreement once all

4 proceedings in this case are complete.

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

6 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

7 as an exhibit at trial becomes public and will be presumptively available to all

8 members of the public, including the press, unless compelling reasons supported by

9 specific factual findings to proceed otherwise are made to the trial judge in advance

10 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

11 showing for sealing documents produced in discovery from “compelling reasons”

12 standard when merits-related documents are part of court record). Accordingly, for

13 such materials, the terms of this protective order do not extend beyond the

14 commencement of the trial.

15 5. DESIGNATING PROTECTED MATERIAL

16 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

18 Order must take care to limit any such designation to specific material that qualifies

19 under the appropriate standards. The Designating Party must designate for protection

20 only those parts of material, documents, items or oral or written communications that

21 qualify so that other portions of the material, documents, items or communications

22 for which protection is not warranted are not swept unjustifiably within the ambit of

23 this Order.

24 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

27 unnecessary expenses and burdens on other parties) may expose the Designating Party

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

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

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

4 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

8 produced.

9 Designation in conformity with this Order requires:

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

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

12 proceedings), that the Producing Party mark each page of the document asserted to

13 contain Protected Material as “CONFIDENTIAL” or "ATTORNEYS' EYES

14 ONLY". If only a portion of the material on a page qualifies for protection, the

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

16 appropriate markings in the margins).

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

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

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

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

21 deemed “CONFIDENTIAL” or "ATTORNEYS' EYES ONLY". After the inspecting

22 Party has identified the documents it wants copied and produced, the Producing Party

23 must determine which documents, or portions thereof, qualify for protection under

24 this Order. Then, before producing the specified documents, the Producing Party

25 must mark each page of the document asserted to contain Protected Material as

26 “CONFIDENTIAL” or "ATTORNEYS' EYES ONLY". If only a portion of the

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

1 margins).

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

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

4 all protected testimony. Additionally, and alternatively, any party may also designate

5 information disclosed at a deposition as Protected Material by notifying all counsel in

6 writing within thirty (30) days of receipt of the official deposition transcript or copy

7 thereof (or written notification that the transcript is available), listing the specific

8 pages and lines of the transcript and/or any exhibits that should be treated as Protected

9 Material. The entire deposition transcript (including any exhibits not previously

10 produced in discovery in the Action) shall be treated as Protected Material until the

11 expiration of the above-referenced 30-day period for designation, except that the

12 deponent (and his or her counsel, if any, and all other persons identified in Section

13 7.2 ("CONFIDENTIAL" designation) or Section 7.3 ("ATTORNEYS' EYES ONLY"

14 designation)) may review the transcript of his or her own deposition during said

15 period. Only those portions of the deposition transcript that are designated as

16 containing Protected Material shall be governed by this Order. Nothing in this Order

17 restricts the use of any portion of a deposition transcript that has not been designated

18 as Protected Material.

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

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

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

22 “CONFIDENTIAL” or "ATTORNEYS' EYES ONLY". If only a portion or portions

23 of the information warrants protection, the Producing Party, to the extent practicable,

24 shall identify the protected portion(s).

25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

27 Designating Party’s right to secure protection under this Order for such material.

1 efforts to assure that the material is treated in accordance with the provisions of this

2 Order.

3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

6 Scheduling Order.

7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

8 resolution process under Local Rule 37.1 et seq.

9 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

13 or withdrawn the confidentiality designation, all parties shall continue to afford the

14 material in question the level of protection to which it is entitled under the Producing

15 Party’s designation until the Court rules on the challenge.

16 7. ACCESS TO AND USE OF PROTECTED MATERIAL

17 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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 Receiving

22 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

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

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

25 authorized under this Order.

26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

1 “CONFIDENTIAL” only to:

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

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

4 to disclose the information for this Action;

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

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

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

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

9 “Acknowledgment and Agreement to Be Bound” (Exhibit A). Counsel for the

10 Receiving Party shall retain the signed copy of the "Acknowledgment and Agreement

11 to Be Bound";

12 (d) the court and its personnel;

13 (e) court reporters and their staff;

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

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

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

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

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

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

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

21 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will

22 not be permitted to keep any confidential information unless they sign the

23 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

24 agreed by the Designating Party or ordered by the court. Pages of transcribed

25 deposition testimony or exhibits to depositions that reveal Protected Material may be

26 separately bound by the court reporter and may not be disclosed to anyone except as

27 permitted under this Stipulated Protective Order; and

1 mutually agreed upon by any of the parties engaged in settlement discussions.

2 7.3 Disclosure of "ATTORNEYS EYES ONLY" Information or Items.

3 Unless otherwise ordered by the Court or permitting in writing by the Designating

4 Party, a Receiving Party may disclose any information or item designated

5 "ATTORNEYS' EYES ONLY" only to:

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

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

8 necessary to disclose the information for this Action;

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

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

11 "Acknowledgment and Agreement to Be Bound" (Exhibit A);

12 (c) court reporters and their staff;

13 (d) the court and its personnel;

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

15 vendors to whom disclosure is reasonably necessary for this Action and who have

16 signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);

17 (f) the author or recipient of a document containing the information or

18 a custodian or other person who otherwise possessed or knew the information; and

19 (g) Plaintiff Bustos to the extent Plaintiff's counsel reasonably believes

20 that disclosure to Mr. Bustos is necessary for the preparation, investigation, and

21 litigation of this Action. Mr. Bustos may view such documents outside the presence

22 of counsel, but shall not show, copy, or disseminate to any other third party any

23 information or item designated "ATTORNEYS' EYES ONLY."

24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

25 OTHER LITIGATION

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

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

1 (a) on or before the third business day after receipt of the subpoena or court

2 order, notify in writing (delivered personally and by e-mail) the Designating Party.

3 Such notification shall include a copy of the subpoena or court order;

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

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

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

7 this Stipulated Protective Order; and

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

9 by the Designating Party whose Protected Material may be affected. If the

10 Designating Party timely seeks a protective order or seeks to quash or modify such

11 process or discovery request consistent with Local Rules 37 and 45, the Party served

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

13 Action as “CONFIDENTIAL” or "ATTORNEYS' EYES ONLY" before a

14 determination by the court from which the subpoena or order issued, unless the Party

15 has obtained the Designating Party’s consent in writing. The Designating Party shall

16 bear the burden and expense of seeking protection in that court of its confidential

17 material and nothing in these provisions should be construed as authorizing or

18 encouraging a Receiving Party in this Action to disobey a lawful directive from

19 another court.

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

21 PRODUCED IN THIS LITIGATION

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

23 Non-Party in this Action and designated as “CONFIDENTIAL” or "ATTORNEYS'

24 EYES ONLY". Such information produced by Non-Parties in connection with this

25 litigation is protected by the remedies and relief provided by this Order. Nothing in

26 these provisions should be construed as prohibiting a Non-Party from seeking

27 additional protections.

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

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

3 confidential information, then the Party shall:

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

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

6 with a Non-Party;

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

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

9 specific description of the information requested; and

10 (3) make the information requested available for inspection by the Non-

11 Party, if requested.

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

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

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

15 discovery request. If the Non-Party timely seeks a protective order, the Receiving

16 Party shall not produce any information in its possession or control that is subject to

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

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

19 of seeking protection in this court of its Protected Material.

20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

25 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

26 persons to whom unauthorized disclosures were made of all the terms of this Order,

27 and (d) request such person or persons to execute the “Acknowledgment and

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

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

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

5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

7 may be established in an e-discovery order that provides for production without prior

8 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

9 parties reach an agreement on the effect of disclosure of a communication or

10 information covered by the attorney-client privilege or work product protection, the

11 parties may incorporate their agreement in the stipulated protective order submitted

12 to the court.

13 12. MISCELLANEOUS

14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

16 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

21 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

23 only be filed under seal pursuant to a court order authorizing the sealing of the specific

24 Protected Material at issue. If a Party’s request to file Protected Material under seal

25 is denied by the court, then the Receiving Party may file the information in the public

26 record unless otherwise instructed by the court.

27 13. FINAL DISPOSITION

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

2 all Protected Material to the Producing Party or destroy such material. As used in this

3 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

4 summaries, and any other format reproducing or capturing any of the Protected

5 Material. Whether the Protected Material is returned or destroyed, the Receiving

6 Party must submit a written certification to the Producing Party (and, if not the same

7 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

8 (by category, where appropriate) all the Protected Material that was returned or

9 destroyed and (2) affirms that the Receiving Party has not retained any copies,

10 abstracts, compilations, summaries or any other format reproducing or capturing any

11 of the Protected Material. Notwithstanding this provision, Counsel are entitled to

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

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

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

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

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

17 Section 4 (DURATION).

18 14. VIOLATION

19 Any violation of this Order may be punished by appropriate measures

20 including, without limitation, contempt proceedings and/or monetary sanctions.

21

22

23

24

25

26

27

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2

3 || DATED November 18, 2021

4

5 || /s/Elliot J. Siegel

‘ Attorneys for Plaintiff

7

DATED November 18, 2021

8

9 || /s/Lincoln Ellis _

10 Attorneys for Plaintiff

11

12 || DATED: November 18, 2021

13

/s/Vinee Farhat

14 || Attorneys for Defendant

15

16

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

17

18

DATED: November 19, 2021

19

20

21

22 LA J. STANDISH

33 United States Magistrate Judge

24

25

26

27

28

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

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

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

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

8 [date] in the case of Fausto Bustos v. Royal Bank of Canada et al., Case No. 2:21-cv-

9 04879-JAK (GJSx). I agree to comply with and to be bound by all the terms of this

10 Stipulated Protective Order and I understand and acknowledge that failure to so

11 comply could expose me to sanctions and punishment in the nature of contempt. I

12 solemnly promise that I will not disclose in any manner any information or item that

13 is subject to this Stipulated Protective Order to any person or entity except in strict

14 compliance with the provisions of this Order.

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

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

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

18 action. I hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

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

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27

PROOF OF SERVICE

1

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3

I, Josue Avila, hereby state that I am over the age of 18 and not a party to this action.

4 I am employed in and a resident of the county where service occurred, and my

business address is 724 S. Spring Street, Suite 201, Los Angeles, California 90014.

5

6 On November 22, 2021, I caused to be served the following documents described as

Stipulated Protective Order on the interested parties in this action as follows:

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[X] TO BE SERVED VIA EMAIL

9

Marta M. Fernandez Lincoln W. Ellis

10 mfernandez@jmbm.com lincoln.lawyer.ca@gmail.com

Vince Farhat Law Office Of Lincoln W. Ellis

11

vfarhat@jmbm.com 292 S. La Cienega Boulevard, Suite 207

12 Brianna Frazier Earley Beverly Hills, California 90211

bfrazierearley@jmbm.com

13 Attorney for Plaintiff

Jeffer Mangels Butler & Mitchell LLP

14 1900 Avenue of the Stars, 7th Floor

15 Los Angeles, CA 90067

16 Attorneys for Defendants

17

I declare under penalty of perjury that the above is true and correct.

18

Executed on November 22, 2021, at Los Angeles, California.

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20

/s/Josue Avila _

21 Josue Avila

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