even stipulated 9 protective orders require good cause showing
How later courts described this case
- even stipulated 9 protective orders require good cause showing
Written by the judges who cited it.
The opinion
1 KENDRA S. CANAPE (SBN: 259641)
kcanape@grsm.com
2
JOEL D. BRODFUEHRER (SBN: 343092)
3 jbrodfuehrer@grsm.com
GORDON REES SCULLY MANSUKHANI, LLP
4 5 Park Plaza, Suite 1100
Irvine, CA 92614
5
Telephone: (949) 255-6950
6 Facsimile: (949) 474-2060
7
Attorneys for Defendant
8 I.Q. DATA INTERNATIONAL, INC.
9
UNITED STATES DISTRICT COURT
10
SOUTHERN DISTRICT OF CALIFORNIA
11
12 CECILE LUNETTA-SPARR, an ) NO.: 3:24-cv-02259-JO-BLM
individual )
13 ) Assigned For All Purposes To
14 Plaintiff, ) Honorable Jinsook Ohta
)
15 v. ) Magistrate: Hon. Barbara L. Major
)
16 I.Q. DATA INTERNATIONAL, INC.;
IQ DATA INFORMATION ) STIPULATED PROTECTIVE
17 SOLUTIONS,) INC.; EQUIFAX ) ORDER
INFORMATION SERVICES, LLC; )
18 )
TRANS UNION LLC; and DOES 1
)
19 through 10, inclusive,
)
20 Defendants. )
)
21 )
) Complaint Filed: 12/4/24
22
)
23
24 1. INTRODUCTION
25 1.1 PURPOSES AND LIMITATIONS
26 The Court recognizes that at least some of the documents and information
27 being sought through discovery in the above-captioned action are, for competitive
1 reasons, normally kept confidential by the parties. The parties have agreed to be
2 bound by the terms of this Protective Order in this action.
3 Discovery in this action is also likely to involve production of confidential,
4 proprietary, or private information for which special protection from public
5 disclosure and from use for any purpose other than prosecuting this litigation may
6 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
7 enter the following Stipulated Protective Order. The parties acknowledge that this
8 Order does not confer blanket protections on all disclosures or responses to
9 discovery and that the protection it affords from public disclosure and use extends
10 only to the limited information or items that are entitled to confidential treatment
11 under the applicable legal principles.
12 1.2 GOOD CAUSE STATEMENT
13 This action is likely to involve materials and information that I.Q. Data
14 International, Inc. (“IQ Data”), Experian Information Solutions, Inc. (“Experian”),
15 Trans Union LLC (“Trans Union”), Equifax Information Services, LLC (“Equifax”)
16 (collectively, the “Defendants”) and Plaintiff Cecille Lunetta-Sparr (“Plaintiff”)
17 maintain as confidential for which special protection from public disclosure and
18 from use for any purpose other than prosecution of this action is warranted. The
19 Defendants may be producing documents to Plaintiff that consist of, among other
20 things, confidential business or financial information, trade secrets, information
21 regarding confidential business practices, or other confidential research,
22 development, or commercial information, information otherwise generally
23 unavailable to the public, or which may be privileged or otherwise protected from
24 disclosure under state or federal statutes, court rules, case decisions, or common law.
25 The Defendants have maintained this information as confidential due to the sensitive
26 nature of the information. The Defendants’ competitors would gain an improper
27 advantage if documents were made public, including but not limited to customer
1 financial information, business plans, business policies, training materials, and other
2 business-related information that are not generally available to the public. The debt
3 collection industry and consumer reporting agencies are highly competitive and
4 require confidentiality of very sensitive consumer information.
5 Plaintiff will also be producing materials relating to or regarding Plaintiff’s
6 debt(s), credit history, credit reports, documents containing Plaintiff’s social security
7 number and DOB. Plaintiff has alleged she has suffered harm that could result in
8 production of sensitive medical information, banking records, personal identity
9 information, income tax returns (including attached schedules and forms), W-2
10 forms and 1099 forms, and personnel or employment records. Plaintiff and/or I.Q.
11 Data will be producing documents from the underlying collection action and as such
12 are authorized to produce the settlement agreement and release from that matter
13 provided that it be marked Confidential as set forth below.
14 Accordingly, to expedite the flow of information, to facilitate the prompt
15 resolution of disputes over confidentiality of discovery materials, to adequately
16 protect information the parties are entitled to keep confidential, to ensure that the
17 parties are permitted reasonable necessary uses of such material in preparation for
18 and in the conduct of trial, to address their handling at the end of the litigation, and
19 serve the ends of justice, a protective order for such information is justified in this
20 matter. It is the intent of the parties that information will not be designated as
21 confidential for tactical reasons and that nothing be so designated without a good
22 faith belief that it has been maintained in a confidential, non-public manner, and
23 there is good cause why it should not be part of the public record of this case.
24 1.3 ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
25 SEAL.
26 The parties further acknowledge, as set forth in Section 12.3, below, that this
27 Stipulated Protective Order does not entitle them to file confidential information
1 the procedures that must be followed and the standards that will be applied when a
2 party seeks permission from the court to file material under seal.
3 There is a strong presumption that the public has a right of access to judicial
4 proceedings and records in civil cases. In connection with non-dispositive motions,
5 good cause must be shown to support a filing under seal. See Kamakana v. City
6 and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests.
7 of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-
8 Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
9 protective orders require good cause showing), and a specific showing of good
10 cause or compelling reasons with proper evidentiary support and legal justification,
11 must be made with respect to Protected Material that a party seeks to file under seal.
12 The Parties’ mere designation of Disclosure or Discovery Material as
13 CONFIDENTIAL does not—without the submission of competent evidence by
14 declaration, establishing that the material sought to be filed under seal qualifies as
15 confidential, privileged, or otherwise protectable—constitute good cause.
16 Further, if a party requests sealing related to any motions, briefs, pleadings,
17 deposition transcripts, other papers to be filed with the Court incorporate
18 documents or information subject to this Order, or trial, then the party filing such
19 papers shall designate such materials, or portions thereof, as “Confidential,” and
20 then compelling reasons, not only good cause, for the sealing must be shown, and
21 the relief sought shall be narrowly tailored to serve the specific interest to be
22 protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir.
23 2010). For each item or type of information, document, or thing sought to be filed
24 or introduced under seal in connection with a dispositive motion or trial, the party
25 seeking protection must articulate compelling reasons, supported by specific facts
26 and legal justification, for the requested sealing order. Again, competent evidence
27 supporting the application to file documents under seal must be provided by
1 Any document that is not confidential, privileged, or otherwise protectable
2 in its entirety will not be filed under seal if the confidential portions can be redacted.
3 If documents can be redacted, then a redacted version for public viewing, omitting
4 only the confidential, privileged, or otherwise protectable portions of the document,
5 shall be filed. Any application that seeks to file documents under seal in their
6 entirety should include an explanation of why redaction is not feasible.
7 2. DEFINITIONS
8 2.1 Action: Cecille Lunetta-Sparr. v. I.Q. Data International, Inc. et al.
9 (Case No: 3:24-cv-02259-JO-BLM).
10 2.2 Challenging Party: a Party or Non-Party that challenges the designation
11 of information or items under this Order.
12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
13 how it is generated, stored or maintained) or tangible things that qualify for
14 protection under Federal Rule of Civil Procedure 26(c), and as specified above
15 in the Good Cause Statement.
16 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
17 their support staff).
18 2.5 Designating Party: a Party or Non-Party that designates information or
19 items that it produces in disclosures or in responses to discovery as
20 “CONFIDENTIAL.”
21 2.6 Disclosure or Discovery Material: all items or information, regardless
22 of the medium or manner in which it is generated, stored, or maintained
23 (including, among other things, testimony, transcripts, and tangible things),
24 that are produced or generated in disclosures or responses to discovery in this
25 matter.
26 2.7 Expert: a person with specialized knowledge or experience in a matter
27 pertinent to the litigation who has been retained by a Party or its counsel to
1 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses
2 in this Action, with or without prejudice; and (2) final judgment herein after
3 the completion and exhaustion of all appeals, rehearings, remands, trials, or
4 reviews of this Action, including the time limits for filing any motions or
5 applications for extension of time pursuant to applicable law.
6 2.9 In-House Counsel: attorneys who are employees of a party to this
7 Action. In-House Counsel does not include Outside Counsel of Record or any
8 other outside counsel.
9 2.10 Non-Party: any natural person, partnership, corporation, association,
10 or other legal entity not named as a Party to this action.
11 2.11 Outside Counsel of Record: attorneys who are not employees of a party
12 to this Action but are retained to represent or advise a party to this Action and
13 have appeared in this Action on behalf of that party or are affiliated with a law
14 firm which has appeared on behalf of that party, and includes support staff.
15 2.12 Party: any party to this Action, including all of its officers, directors,
16 employees, consultants, retained experts, and Outside Counsel of Record (and
17 their support staffs).
18 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
19 Discovery Material in this Action.
20 2.14 Professional Vendors: persons or entities that provide litigation support
21 services (e.g., photocopying, videotaping, translating, preparing exhibits or
22 demonstrations, and organizing, storing, or retrieving data in any form or
23 medium) and their employees and subcontractors.
24 2.15 Protected Material: any Disclosure or Discovery Material and all
25 information derived therefrom including, but not limited to, all testimony
26 given in a deposition, declaration or otherwise, that refers, reflects or
27 otherwise discusses any information designated “Confidential” that is
1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
2 from a Producing Party.
3 3. SCOPE
4 The protections conferred by this Stipulation and Order cover not only
5 Protected Material (as defined above), but also (1) any information copied or
6 extracted from Protected Material; (2) all copies, excerpts, summaries, or
7 compilations of Protected Material; and (3) any testimony, conversations, or
8 presentations by Parties or their Counsel that might reveal Protected Material.
9 Any use of Protected Material at trial will be governed by the orders of the
10 trial judge. This Order does not govern the use of Protected Material at trial.
11 4. TRIAL AND DURATION
12 Even after final disposition of this litigation, the confidentiality obligations
13 imposed by this Order will remain in effect until a Designating Party agrees
14 otherwise in writing or a court order otherwise directs. Final disposition will be
15 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
16 or without prejudice; and (2) final judgment herein after the completion and
17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
18 including the time limits for filing any motions or applications for extension of time
19 pursuant to applicable law.
20 5. DESIGNATING PROTECTED MATERIAL
21 5.1 Exercise of Restraint and Care in Designating Material for Protection.
22 Each Party or Non-Party that designates information or items for protection
23 under this Order must take care to limit any such designation to specific
24 material that qualifies under the appropriate standards. The Designating Party
25 must designate for protection only those parts of material, documents, items,
26 or oral or written communications that qualify so that other portions of the
27 material, documents, items, or communications for which protection is not
1 Mass, indiscriminate, or routinized designations are prohibited. Designations
2 that are shown to be clearly unjustified or that have been made for an improper
3 purpose (e.g., to unnecessarily encumber the case development process or to impose
4 unnecessary expenses and burdens on other parties) may expose the Designating
5 Party to sanctions.
6 If it comes to a Designating Party’s attention that information or items that it
7 designated for protection do not qualify for protection, that Designating Party must
8 promptly notify all other Parties that it is withdrawing the inapplicable designation.
9 5.2 Manner and Timing of Designations. Except as otherwise provided in
10 this Order (see, e.g., second paragraph of section 5.2(a) below), or as
11 otherwise stipulated or ordered, Disclosure or Discovery Material that
12 qualifies for protection under this Order must be clearly so designated before
13 the material is disclosed or produced.
14 Designation in conformity with this Order requires:
15 (a) for information in documentary form (e.g., paper or electronic documents,
16 but excluding transcripts of depositions or other pretrial or trial proceedings),
17 that the Producing Party affix at a minimum, the legend “CONFIDENTIAL”
18 to each page that contains protected material. If only a portion or portions of
19 the material on a page qualifies for protection, the Producing Party also must
20 clearly identify the protected portion(s) (e.g., by making appropriate markings
21 in the margins).
22 A Party or Non-Party that makes original documents available for inspection
23 need not designate them for protection until after the inspecting Party has indicated
24 which documents it would like copied and produced. During the inspection and
25 before the designation, all of the material made available for inspection will be
26 deemed “CONFIDENTIAL.” After the inspecting Party has identified the
27 documents it wants copied and produced, the Producing Party must determine which
1 producing the specified documents, the Producing Party must affix the
2 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a
3 portion or portions of the material on a page qualifies for protection, the Producing
4 Party also must clearly identify the protected portion(s) (e.g., by making appropriate
5 markings in the margins).
6 (b) for testimony given in depositions that the Designating Party identify the
7 Disclosure or Discovery Material on the record, before the close of the
8 deposition all protected testimony. Such designation will be made on the
9 record if possible, but the Parties can designate portions of such testimony as
10 Confidential Information by providing written notice of such designation to
11 the opposing Parties within thirty (30) days of receipt of the transcribed
12 testimony by counsel. Until thirty (30) days after receipt of the transcribed
13 testimony, such testimony shall be treated by the Parties as Confidential
14 Information.
15 (c) for information produced in some form other than documentary and for
16 any other tangible items, that the Producing Party affix in a prominent place
17 on the exterior of the container or containers in which the information is stored
18 the legend “CONFIDENTIAL.” If only a portion or portions of the
19 information warrants protection, the Producing Party, to the extent
20 practicable, will identify the protected portion(s).
21 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
22 failure to designate qualified information or items does not, standing alone,
23 waive the Designating Party’s right to secure protection under this Order for
24 such material. Upon timely correction of a designation, the Receiving Party
25 must make reasonable efforts to assure that the material is treated in
26 accordance with the provisions of this Order.
27
1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s
4 Scheduling Order.
5 6.2 Meet and Confer. In the event a Party disagrees with the designation of
6 Confidential Information, the Parties shall first try to resolve the disagreement
7 in good faith on an informal basis, such as the production of redacted copies.
8 In the event such a dispute cannot be resolved by agreement, a Party may
9 move the Court for modification of the designation of such Confidential
10 Information. The Confidential Information designation shall be maintained
11 pending disposition of such a motion. The Challenging Party will initiate the
12 dispute resolution process (and, if necessary, file a discovery motion) in
13 accordance with the Court’s Civil Procedures.
14 6.3 The burden of persuasion in any such challenge proceeding will be on
15 the Designating Party. Frivolous challenges, and those made for an improper
16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
17 parties) may expose the Challenging Party to sanctions. Unless the
18 Designating Party has waived or withdrawn the confidentiality designation,
19 all parties will continue to afford the material in question the level of
20 protection to which it is entitled under the Producing Party’s designation until
21 the Court rules on the challenge.
22 7. ACCESS TO AND USE OF PROTECTED MATERIAL
23 7.1 Basic Principles. A Receiving Party may use Protected Material that is
24 disclosed or produced by another Party or by a Non-Party in connection with
25 this Action only for prosecuting, defending, or attempting to settle this Action.
26 Protected Material shall not be used, directly or indirectly, by any person, for
27 any business, commercial or competitive purposes or for any purpose
1 accordance with the provisions of this Order. Such Protected Material may be
2 disclosed only to the categories of persons and under the conditions described
3 in this Order. When the Action has been terminated, a Receiving Party must
4 comply with the provisions of section 13 below (FINAL DISPOSITION).
5 Protected Material must be stored and maintained by a Receiving Party at a
6 location and in a secure manner that ensures that access is limited to the
7 persons authorized under this Order.
8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
9 otherwise ordered by the court or permitted in writing by the Designating
10 Party, a Receiving Party may disclose any information or item designated
11 “CONFIDENTIAL” only to:
12 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
13 well as employees of said Outside Counsel of Record to whom it is
14 reasonably necessary to disclose the information for this Action;
15 (b) the officers, directors, and employees (including House Counsel) of
16 the Receiving Party to whom disclosure is reasonably necessary for this
17 Action;
18 (c) Experts (as defined in this Order) of the Receiving Party to whom
19 disclosure is reasonably necessary for this Action and who have signed the
20 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
21 (d) the Court and its personnel;
22 (e) court reporters and their staff to whom disclosure is reasonably
23 necessary for this Action and who have signed the “Acknowledgment and
24 Agreement to Be Bound” (Exhibit A);
25 (f) professional jury or trial consultants, mock jurors, and Professional
26 Vendors to whom disclosure is reasonably necessary for this Action and
27 who have signed the “Acknowledgment and Agreement to Be Bound”
1 (g) the author or recipient of a document containing the information or a
2 custodian or other person who otherwise possessed or knew the
3 information;
4 (h) during their depositions, witnesses, and attorneys for witnesses, in the
5 Action to whom disclosure is reasonably necessary provided: (1) the
6 deposing party requests that the witness sign the form attached as Exhibit
7 A hereto; and (2) they will not be permitted to keep any confidential
8 information unless they sign the “Acknowledgment and Agreement to Be
9 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
10 ordered by the court. Pages of transcribed deposition testimony or exhibits
11 to depositions that reveal Protected Material may be separately bound by
12 the court reporter and may not be disclosed to anyone except as permitted
13 under this Stipulated Protective Order; and
14 (i) any mediator or settlement officer, and their supporting personnel,
15 mutually agreed upon by any of the parties engaged in settlement
16 discussions.
17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
18 IN OTHER LITIGATION
19 If a Party is served with a subpoena or a court order issued in other litigation
20 that compels disclosure of any information or items designated in this Action as
21 “CONFIDENTIAL,” that Party must:
22 (a) promptly notify in writing the Designating Party. Such notification will
23 include a copy of the subpoena or court order;
24 (b) promptly notify in writing the party who caused the subpoena or order
25 to issue in the other litigation that some or all of the material covered by
26 the subpoena or order is subject to this Protective Order. Such notification
27 will include a copy of this Stipulated Protective Order; and
1 (c) cooperate with respect to all reasonable procedures sought to be
2 pursued by the Designating Party whose Protected Material may be
3 affected.
4 If the Designating Party timely seeks a protective order, the Party served with
5 the subpoena or court order will not produce any information designated in this
6 action as “CONFIDENTIAL” before a determination by the court from which the
7 subpoena or order issued, unless the Party has obtained the Designating Party’s
8 permission. The Designating Party will bear the burden and expense of seeking
9 protection in that court of its confidential material and nothing in these provisions
10 should be construed as authorizing or encouraging a Receiving Party in this Action
11 to disobey a lawful directive from another court.
12 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
13 PRODUCED IN THIS LITIGATION
14 9.1 Application. The terms of this Order are applicable to
15 information produced by a Non-Party in this Action and designated as
16 “CONFIDENTIAL.” Such information produced by Non-Parties in
17 connection with this litigation is protected by the remedies and relief provided
18 by this Order. Nothing in these provisions should be construed as prohibiting
19 a Non-Party from seeking additional protections.
20 9.2 Notification. In the event that a Party is required, by a valid
21 discovery request, to produce a Non-Party’s confidential information in its
22 possession, and the Party is subject to an agreement with the Non-Party not to
23 produce the Non-Party’s confidential information, then the Party will:
24 (a) promptly notify in writing the Requesting Party and the Non-Party that
25 some or all of the information requested is subject to a confidentiality
26 agreement with a Non-Party;
27
1 (b) promptly provide the Non-Party with a copy of the Stipulated
2 Protective Order in this Action, the relevant discovery request(s), and a
3 reasonably specific description of the information requested; and
4 (c) make the information requested available for inspection by the Non-
5 Party, if requested.
6 9.3 Conditions of Production. If the Non-Party fails to seek a
7 protective order from this court within 14 days of receiving the notice and
8 accompanying information, the Receiving Party may produce the Non-
9 Party’s confidential information responsive to the discovery request. If the
10 Non-Party timely seeks a protective order, the Receiving Party will not
11 produce any information in its possession or control that is subject to the
12 confidentiality agreement with the Non-Party before a determination by the
13 court. Absent a court order to the contrary, the Non-Party will bear the
14 burden and expense of seeking protection in this court of its Protected
15 Material.
16 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
17 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
18 Protected Material to any person or in any circumstance not authorized under this
19 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
20 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
21 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
22 or persons to whom unauthorized disclosures were made of all the terms of this
23 Order, and (d) request such person or persons to execute the “Acknowledgment and
24 Agreement to Be Bound” that is attached hereto as Exhibit A.
25 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
26 PROTECTED MATERIAL
27 When a Producing Party gives notice to Receiving Parties that certain
1 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
2 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
3 may be established in an e-discovery order that provides for production without prior
4 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as
5 the parties reach an agreement on the effect of disclosure of a communication or
6 information covered by the attorney-client privilege or work product protection, the
7 parties may incorporate their agreement in the stipulated protective order submitted
8 to the court.
9 12. MISCELLANEOUS
10 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
11 person to seek its modification by the Court in the future.
12 12.2 Right to Assert Other Objections. By stipulating to the entry of this
13 Protective Order no Party waives any right it otherwise would have to object
14 to disclosing or producing any information or item on any ground not
15 addressed in this Stipulated Protective Order. Similarly, no Party waives any
16 right to object on any ground to use in evidence of any of the material covered
17 by this Protective Order.
18 12.3 Filing Under Seal. Before any materials produced in discovery, answers
19 to interrogatories, responses to requests for admissions, deposition transcripts,
20 or other documents which are designated as Confidential Information are filed
21 with the Court for any purpose, the party seeking to file such material must
22 seek permission of the Court to file the material under seal. No document may
23 be filed under seal, i.e., closed to inspection by the public except pursuant to
24 a Court order that authorizes the sealing of the particular document, or
25 portions of it. A sealing order may issue only upon a showing that the
26 information is privileged or protectable under the law. The request must be
27 narrowly tailored to seek sealing only of the confidential or privileged
1 procedures explained in Section 2.j of the Electronic Case Filing
2 Administrative Policies and Procedures Manual for the United States District
3 Court for the Southern District of California and Civil Local Rule 79.2. In
4 addition, in accordance with Judge Major's preferences, a party must file a
5 ‘public’ version of any document that it seeks to file under seal. In the public
6 version, the party may redact only that information that is deemed
7 “Confidential.” The party should file the redacted document(s)
8 simultaneously with a joint motion or ex parte application requesting that the
9 confidential portions of the document(s) be filed under seal and setting forth
10 good cause for the request.”
11 12.4 Neither the entry of this Order, nor the designation of any information,
12 document, or the like as “Confidential,” nor the failure to make such
13 designation, shall constitute evidence with respect to any issue in this action.
14 12.5 Modification of the Protective Order by the Court. The Court may
15 modify the terms and conditions of the Order for good cause, or in the interest
16 of justice, or on its own order at any time during these proceedings.
17 13. FINAL DISPOSITION
18 After the final disposition of this Action, as defined in paragraph 4, within 60
19 days, each Receiving Party must return all Protected Material to the Producing Party.
20 As used in this subdivision, “all Protected Material” includes all copies, abstracts,
21 compilations, summaries, and any other format reproducing or capturing any of the
22 Protected Material. The Receiving Party must submit a written certification to the
23 Producing Party (and, if not the same person or entity, to the Designating Party) by
24 the 60 day deadline that (1) identifies (by category, where appropriate) all the
25 Protected Material that was returned and (2) affirms that the Receiving Party has not
26 retained any copies, abstracts, compilations, summaries or any other format
27 reproducing or capturing any of the Protected Material. Notwithstanding this
1 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
2 deposition and trial exhibits, expert reports, attorney work product, and consultant
3 and expert work product, even if such materials contain Protected Material. Any
4 such archival copies that contain or constitute Protected Material remain subject to
5 this Protective Order as set forth in Section 4 (DURATION).
6 14. VIOLATION
7 Any willful violation of this Order may be punished by civil or criminal
8 contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
9 authorities, or other appropriate action at the discretion of the Court.
10
11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
12
13 DATED: March 5, 2025 /s/ Jeremy Golden (with permission)
Jeremy Golden
14 Attorneys for Plaintiff
15
16 DATED: March 5, 2025 /s/Joel D. Brodfuehrer
Joel D. Brodfuehrer
17 Kendra S. Canape
Attorneys for Defendant
18 IQ DATA INTERNATIONAL, INC.
19
20 DATED: March 5, 2025 /s/ Thomas Abbott (with permission)
Attorneys for Defendant
21 EXPERIAN INFORMATION
SOLUTIONS, INC.
22
23 DATED: March 5, 2025 /s/ Heliane Fabian (with permission)
Attorneys for Defendant
24 TRANS UNION, LLC
25
26 DATED: March 5, 2025 /s/ Jennifer Brooks (with permission)
Attorneys for Defendant
27
EQUIFAX INFORMATION
SERVICES, LLC
1 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
3 .
4 Dated: 3/5/2025 , He
5 Hon. Barbara L. Major
United States Maaistrate Judae
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [full name], of _________________
5 [full address], declare under penalty of perjury that I have read in its entirety and
6 understand the Stipulated Protective Order that was issued by the United States
7 District Court for the Southern District of California on [date] in the case of
8 ___________ [insert case name and number]. I agree to comply with and to be
9 bound by all the terms of this Stipulated Protective Order and I understand and
10 acknowledge that failure to so comply could expose me to sanctions and punishment
11 in the nature of contempt. I solemnly promise that I will not disclose in any manner
12 any information or item that is subject to this Stipulated Protective Order to any
13 person or entity except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Southern District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint __________________________ [full
18 name] of _______________________________________ [full address and
19 telephone number] as my California agent for service of process in connection with
20 this action or any proceedings related to enforcement of this Stipulated Protective
21 Order.
22
23 Date: ______________________________________
24 City and State where signed: _________________________________
25 Printed name: _______________________________
26
27 Signature: ___________________