# Opinion

> District Court, C.D. California · October 2, 2025

URL: https://www.frixlaw.com/law-library/cases/11170782

## Case

- **Full name:** Michael Russell, Joseph Preston, and James Tosches, individually, on behalf of all others similarly situated, and on behalf of the general public v. Dave Inc. and Evolve Bank & Trust
- **Court:** District Court, C.D. California
- **Decided:** October 2, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 SOUTHERN DIVISION
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Michael Russell, Joseph Preston, and CASE NO. 2:25-cv-04029-MRA-MBKx
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James Tosches, individually, on behalf of
all others similarly situated, and on behalf [PROPOSED] STIPULATED
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of the general public, PROTECTIVE ORDER
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Plaintiffs,
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vs.
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Dave Inc. and Evolve Bank & Trust,
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Defendants.
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1. GENERAL
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1.1 Purposes and Limitations. Discovery in this action is likely to involve
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production of confidential, proprietary, or private information for which special
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protection from public disclosure and from use for any purpose other than prosecuting
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this litigation may be warranted. Accordingly, the parties hereby stipulate to and
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petition the Court to enter the following Stipulated Protective Order. The parties
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acknowledge that this Order does not confer blanket protections on all disclosures or
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responses to discovery and that the protection it affords from public disclosure and
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use extends only to the limited information or items that are entitled to confidential
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treatment under the applicable legal principles. The parties further acknowledge, as
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1 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle
2 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the
3 procedures that must be followed and the standards that will be applied when a party
4 seeks permission from the court to file material under seal.
5 1.2 Good Cause Statement.
6 This action is likely to involve trade secrets, customer and pricing lists, and
7 other valuable research, development, commercial, financial, technical and/or
8 proprietary information for which special protection from public disclosure and from
9 use for any purpose other than prosecution of this action is warranted. Such
10 confidential and proprietary materials and information consist of, among other things,
11 confidential business or financial information, information regarding confidential
12 business practices, or other confidential research, development, or commercial
13 information (including information implicating privacy rights of third parties),
14 information otherwise generally unavailable to the public, or which may be privileged
15 or otherwise protected from disclosure under state or federal statutes, such as the
16 Gramm-Leach-Bliley Act 15 U.S.C. § 6801 et seq., court rules, case decisions, or
17 common law. Accordingly, to expedite the flow of information, to facilitate the
18 prompt resolution of disputes over confidentiality of discovery materials, to
19 adequately protect information the parties are entitled to keep confidential, to ensure
20 that the parties are permitted reasonable necessary uses of such material in preparation
21 for and in the conduct of trial, to address their handling at the end of the litigation,
22 and serve the ends of justice, a protective order for such information is justified in this
23 matter. It is the intent of the parties that information will not be designated as
24 confidential for tactical reasons and that nothing be so designated without a good faith
25 belief that it has been maintained in a confidential, non-public manner, and there is
26 good cause why it should not be part of the public record of this case.
27 2. DEFINITIONS
28 2.1 Action: The above-captioned pending federal lawsuit.
1 2.2 Challenging Party: a Party or Non-Party that challenges the designation
2 of information or items under this Order.
3 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
4 how it is generated, stored or maintained) or tangible things that qualify for protection
5 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
6 Cause Statement.
7 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
8 support staff).
9 2.5 Designating Party: a Party or Non-Party that designates information or
10 items that it produces in disclosures or in responses to discovery as
11 “CONFIDENTIAL.”
12 2.6 Disclosure or Discovery Material: all items or information, regardless
13 of the medium or manner in which it is generated, stored, or maintained (including,
14 among other things, testimony, transcripts, and tangible things), that are produced or
15 generated in disclosures or responses to discovery in this matter.
16 2.7 Expert: a person with specialized knowledge or experience in a matter
17 pertinent to the litigation who has been retained by a Party or its counsel to serve as
18 an expert witness or as a consultant in this Action.
19 2.8 House Counsel: attorneys who are employees of a party to this Action.
20 House Counsel does not include Outside Counsel of Record or any other outside
21 counsel.
22 2.9 Non-Party: any natural person, partnership, corporation, association, or
23 other legal entity not named as a Party to this action.
24 2.10 Outside Counsel of Record: attorneys who are not employees of a party
25 to this Action but are retained to represent or advise a party to this Action and have
26 appeared in this Action on behalf of that party or are affiliated with a law firm that
27 has appeared on behalf of that party, including support staff.
28 2.11 Party: any party to this Action, including all of its officers, directors,
1 employees, consultants, retained experts, and Outside Counsel of Record (and their
2 support staffs).
3 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
4 Discovery Material in this Action.
5 2.13 Professional Vendors: persons or entities that provide litigation support
6 services (e.g., photocopying, videotaping, translating, preparing exhibits or
7 demonstrations, and organizing, storing, or retrieving data in any form or medium)
8 and their employees and subcontractors.
9 2.14 Protected Material: any Disclosure or Discovery Material that is
10 designated as “CONFIDENTIAL.”
11 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
12 from a Producing Party.
13 3. SCOPE
14 The protections conferred by this Stipulation and Order cover not only
15 Protected Material (as defined above), but also (1) any information copied or extracted
16 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
17 Protected Material; and (3) any testimony, conversations, or presentations by Parties
18 or their Counsel that might reveal Protected Material.
19 Any use of Protected Material at trial shall be governed by the orders of the
20 trial judge. This Order does not govern the use of Protected Material at trial.
21 4. DURATION
22 Once a case proceeds to trial, all of the court-filed information to be introduced
23 that was previously designated as confidential or maintained pursuant to this
24 protective order becomes public and will be presumptively available to all members
25 of the public, including the press, unless compelling reasons supported by specific
26 factual findings to proceed otherwise are made to the trial judge in advance of the
27 trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir.
28 2006) (distinguishing “good cause” showing for sealing documents produced in
1 discovery from “compelling reasons” standard when merits-related documents are
2 part of court record). Accordingly, the terms of this protective order do not extend
3 beyond the commencement of the trial.
4 5. DESIGNATING PROTECTED MATERIAL
5 5.1 Exercise of Restraint and Care in Designating Material for Protection.
6 Each Party or Non-Party that designates information or items for protection under this
7 Order must take care to limit any such designation to specific material that qualifies
8 under the appropriate standards. The Designating Party must designate for protection
9 only those parts of material, documents, items, or oral or written communications that
10 qualify so that other portions of the material, documents, items, or communications
11 for which protection is not warranted are not swept unjustifiably within the ambit of
12 this Order.
13 Mass, indiscriminate, or routinized designations are prohibited. Designations
14 that are shown to be clearly unjustified or that have been made for an improper
15 purpose (e.g., to unnecessarily encumber the case development process or to impose
16 unnecessary expenses and burdens on other parties) may expose the Designating Party
17 to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 designated for protection do not qualify for protection, that Designating Party must
20 promptly notify all other Parties that it is withdrawing the inapplicable designation.
21 5.2 Manner and Timing of Designations. Except as otherwise provided in
22 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
23 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
24 under this Order must be clearly so designated before the material is disclosed or
25 produced.
26 Designation in conformity with this Order requires:
27 (a) for information in documentary form (e.g., paper or electronic
28 documents, but excluding transcripts of depositions or other pretrial or trial
1 proceedings), that the Producing Party affix, at a minimum, the legend
2 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
3 contains protected material.
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 before the designation, all of the material made available for inspection shall be
8 deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
9 it wants copied and produced, the Producing Party must determine which documents,
10 or portions thereof, qualify for protection under this Order. Then, before producing
11 the specified documents, the Producing Party must affix the “CONFIDENTIAL
12 legend” to each page that contains Protected Material.
13 (b) for testimony given in depositions that the Designating Party identify
14 the Disclosure or Discovery Material on the record, before the close of the deposition.
15 (c) for information produced in some form other than documentary and
16 for any other tangible items, that the Producing Party affix in a prominent place on
17 the exterior of the container or containers in which the information is stored the legend
18 “CONFIDENTIAL.” If only a portion or portions of the information warrants
19 protection, the Producing Party, to the extent practicable, shall identify the protected
20 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, waive the
23 Designating Party’s right to secure protection under this Order for such material.
24 Upon timely correction of a designation, the Receiving Party must make reasonable
25 efforts to assure that the material is treated in accordance with the provisions of this
26 Order.
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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. The Challenging Party shall initiate the dispute
6 resolution process under Local Rule 37-1, et seq, as modified by Judge Kaufman’s
7 Procedures. See https://www.cacd.uscourts.gov/honorable-michael-b-kaufman. Any
8 discovery motion must strictly comply with these procedures.
9 6.3 Burden. The burden of persuasion in any such challenge proceeding
10 shall be on the Designating Party. Frivolous challenges, and those made for an
11 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
12 other parties) may expose the Challenging Party to sanctions. Unless the Designating
13 Party has waived or withdrawn the confidentiality designation, all parties shall
14 continue to afford the material in question the level of protection to which it is entitled
15 under the Producing 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
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1 Receiving Party may disclose any information or item designated
2 “CONFIDENTIAL” only to:
3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
4 well as employees of said Outside Counsel of Record to whom it is reasonably
5 necessary to disclose the information for this Action;
6 (b) the officers, directors, and employees (including House Counsel) of
7 the Receiving Party to whom disclosure is reasonably necessary for this Action;
8 (c) Experts (as defined in this Order) of the Receiving Party to whom
9 disclosure is reasonably necessary for this Action and who have signed the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (d) the Court and its personnel;
12 (e) court reporters and their staff;
13 (f) professional jury or trial consultants, mock jurors, and Professional
14 Vendors to whom disclosure is reasonably necessary for this Action and who have
15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (g) the author or recipient of a document containing the information or
17 a custodian or other person who otherwise possessed or knew the information;
18 (h) during their depositions, witnesses, and attorneys for witnesses, in
19 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
20 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they
21 will not be permitted to keep any confidential information unless they sign the
22 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
23 agreed by the Designating Party or ordered by the Court. Pages of transcribed
24 deposition testimony or exhibits to depositions that reveal Protected Material may be
25 separately bound by the court reporter and may not be disclosed to anyone except as
26 permitted under this Stipulated Protective Order; and
27 (i) any mediator or settlement officer, and their supporting personnel,
28 mutually agreed upon by any of the parties engaged in settlement discussions.
1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2 PRODUCED IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” that Party must:
6 (a) promptly notify in writing the Designating Party. Such notification shall
7 include a copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or order to
9 issue in the other litigation that some or all of the material covered by the subpoena
10 or order is subject to this Protective Order. Such notification shall include a copy of
11 this Stipulated Protective Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be pursued
13 by the Designating Party whose Protected Material may be affected.
14 If the Designating Party seeks a protective order within 14 days, the Party
15 served with the subpoena or court order shall not produce any information designated
16 in this action as “CONFIDENTIAL” before a determination by the court from which
17 the subpoena or order issued, unless the Party has obtained the Designating Party’s
18 permission. The Designating Party shall bear the burden and expense of seeking
19 protection in that court of its confidential material and nothing in these provisions
20 should be construed as authorizing or encouraging a Receiving Party in this Action to
21 disobey a lawful directive from another court.
22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
23 PRODUCED IN THIS LITIGATION
24 (a) The terms of this Order are applicable to information produced by a Non-
25 Party in this Action and designated as “CONFIDENTIAL.” Such information
26 produced by Non-Parties in connection with this litigation is protected by the
27 remedies and relief provided by this Order. Nothing in these provisions should be
28 construed as prohibiting a Non-Party from seeking additional protections.
1 (b) In the event that a Party is required, by a valid discovery request, to produce
2 a Non-Party’s confidential information in its possession, and the Party is subject to an
3 agreement with the Non-Party not to produce the Non-Party’s confidential
4 information, then the Party shall:
5 (1) promptly notify in writing the Requesting Party and the Non-Party
6 that some or all of the information requested is subject to a confidentiality agreement
7 with a Non-Party;
8 (2) promptly provide the Non-Party with a copy of the Stipulated
9 Protective Order in this Action, the relevant discovery request(s), and a reasonably
10 specific description of the information requested; and
11 (3) make the information requested available for inspection by the Non-
12 Party, if requested.
13 (c) If the Non-Party fails to seek a protective order from this Court within 14
14 days of receiving the notice and accompanying information, the Receiving Party may
15 produce the Non-Party’s confidential information responsive to the discovery request.
16 If the Non-Party seeks a protective order within 14 days, the Receiving Party shall not
17 produce any information in its possession or control that is subject to the
18 confidentiality agreement with the Non-Party before a determination by the Court.
19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
20 of seeking protection in this Court of its Protected Material.
21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
23 Protected Material to any person or in any circumstance not authorized under this
24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
27 persons to whom unauthorized disclosures were made of all the terms of this Order,
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1 and (d) request such person or persons to execute the “Acknowledgment and
2 Agreement to Be Bound” that is attached hereto as Exhibit A.
3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
4 PROTECTED MATERIAL
5 When a Producing Party gives notice to Receiving Parties that certain
6 inadvertently produced material is subject to a claim of privilege or other protection,
7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
8 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
9 may be established in an e-discovery order that provides for production without prior
10 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
11 parties reach an agreement on the effect of disclosure of a communication or
12 information covered by the attorney-client privilege or work product protection, the
13 parties may incorporate their agreement in the stipulated protective order submitted
14 to the Court.
15 12. MISCELLANEOUS
16 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
17 person to seek its modification by the Court in the future.
18 12.2 Right to Assert Other Objections. By stipulating to the entry of this
19 Protective Order, no Party waives any right it otherwise would have to object to
20 disclosing or producing any information or item on any ground not addressed in this
21 Stipulated Protective Order. Similarly, no Party waives any right to object on any
22 ground to use in evidence of any of the material covered by this Protective Order.
23 12.3 Filing Protected Material. A Party that seeks to file under seal any
24 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
25 only be filed under seal pursuant to a court order authorizing the sealing of the specific
26 Protected Material at issue; good cause must be shown in the request to file under
27 seal. If a Party’s request to file Protected Material under seal is denied by the Court,
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1 then the Receiving Party may file the information in the public record unless
2 otherwise instructed by the Court.
3 13. FINAL DISPOSITION
4 After the final disposition of this Action, within 60 days of a written request by
5 the Designating Party, each Receiving Party must return all Protected Material to the
6 Producing Party or destroy such material. As used in this subdivision, “all Protected
7 Material” includes all copies, abstracts, compilations, summaries, and any other
8 format reproducing or capturing any of the Protected Material. Whether the Protected
9 Material is returned or destroyed, the Receiving Party must submit a written
10 certification to the Producing Party (and, if not the same person or entity, to the
11 Designating Party) by the 60 day deadline that (1) identifies (by category, where
12 appropriate) all the Protected Material that was returned or destroyed, and (2) affirms
13 that the Receiving Party has not retained any copies, abstracts, compilations,
14 summaries or any other format reproducing or capturing any of the Protected Material.
15 Notwithstanding this provision, counsel are entitled to retain an archival copy of all
16 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
17 correspondence, deposition and trial exhibits, expert reports, attorney work product,
18 and consultant and expert work product, even if such materials contain Protected
19 Material. Any such archival copies that contain or constitute Protected Material
20 remain subject to this Protective Order as set forth in Section 4 (DURATION).
21 14. VIOLATION OF ORDER
22 Any violation of this Order may be punished by any and all appropriate
23 measures including, without limitation, contempt proceedings and/or monetary
24 sanctions.
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2 DATED: October 1, 2025 PAUL HASTINGS LLP
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By: /s/ Derek E. Wetmore
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5 DEREK E. WETMORE (SB# 291600)
derekwetmore@paulhastings.com
6 PAUL HASTINGS LLP
7 101 California Street, 48th Floor
San Francisco, CA 94111
8 Telephone: (415) 856-7000
9 Facsimile: (415) 856-7100
10 ALLYSON BAKER
11 (pro hac vice)
allysonbaker@paulhastings.com
12 MEREDITH BOYLAN
13 (pro hac vice)
meredithboylan@paulhastings.com
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PAUL HASTINGS LLP
15 2050 M Street, NW
Washington, DC 20036
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Telephone: (202) 551-1700
17 Facsimile: (202) 551-1705
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MARGARET SHIELDS
19 (pro hac vice)
margaretshields@paulhastings.com
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PAUL HASTINGS LLP
21 200 Park Avenue
New York, NY 10166
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Telephone: (212) 318-6334
23 Facsimile: (212) 319-4090
24
Attorneys for Defendants
25 Dave Inc. and Evolve Bank & Trust
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2 By: /s/ Randall K. Pulliam
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CARNEY BATES & PULLIAM, PLLC
4 Randall K. Pulliam (pro hac vice)
5 rpulliam@cbplaw.com
Hank Bates (SBN 167688)
6 hbates@cbplaw.com
7 Lee Lowther (pro hac vice)
llowther@cbplaw.com
8 Courtney Ross Brown (pro hac vice)
9 cbrown@cbplaw.com
One Allied Drive, Suite 1400
10 Little Rock, AR 72202
11 Telephone: (501) 312-8500
Facsimile: (501) 312-8505
12
13 JACOBSON PHILLIPS PLLC
Joshua R. Jacobson (pro hac vice)
14
joshua@jacobsonphillips.com
15 2277 Lee Road, Suite B
Winter Park, FL 32789
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Telephone: (321) 447-6461
17
WADE KILPELA SLADE LLP
18
Gillian L. Wade (SBN 229124)
19 gwade@waykayslay.com
Sara D. Avila (SBN 263213)
20
sara@waykayslay.com
21 Collin Kilgore (SBN 295084)
ckilgore@waykayslay.com
22
2450 Colorado Ave., Ste. 100E
23 Santa Monica, California 90404
Telephone: (310) 396-9600
24
25 UNIVERSITY OF UTAH S.J.
QUINNEY COLLEGE OF LAW
26
Christopher L. Peterson (pro hac vice)
27 Christopher.lewis.peterson@gmail.com
383 South University Street
28
1 Salt Lake City, UT 84112
Telephone: (801) 581-6655
2
3 LIEFF CABRASER HEIMANN &
BERNSTEIN LLP
4 Daniel Seltz (pro hac vice)
5 dseltz@Ichb.com
Jason L. Lichtman (pro hac vice)
6 jlichtman@Ichb.com
7 Roger Norton Heller
Rheller@Ichb.com
8 250 Hudson Street, 8" Floor
9 New York, NY 10013
Telephone: (212) 355-9592
10
11 Attorneys for Plaintiffs Michael Russell,
Joseph Preston, James Tosches, and the
12 Proposed Classes
13
14 || SO ORDERED.
15 ;
16 || DATED: _October2 2025 LACEY;
17 MICHAEL B. KAUFMAN
UNITED STATES MAGISTRATE JUDGE
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of
4 _________________ [print or type full address], declare under penalty of perjury that
5 I have read in its entirety and understand the Stipulated Protective Order that was
6 issued by the United States District Court for the Central District of California on
7 [date] in the case of Russell et al. v. Dave Inc., et al., Case No. 2:25-cv-04029-MRA-
8 MBKx. I agree to comply with and to be bound by all the terms of this Stipulated
9 Protective Order and I understand and acknowledge that failure to so comply could
10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise
11 that I will not disclose in any manner any information or item that is subject to this
12 Stipulated Protective Order to any person or entity except in strict compliance with
13 the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central 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.
18 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 Printed name: ______________________________
26 [printed name]
27 Signature: __________________________________
28 [signature]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11170782. Public record. Not legal advice.
