Opinion

Ashok

Court: District Court, E.D. California
Filed: Nov 25, 2025
Cited by: 0 cases

The opinion

g UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

MALA ASHOK, Case No. 2:25-CV-01032-TLN-CSK

Plaintiff, ORDER GRANTING MODIFIED

STIPULATED PROTECTIVE ORDER

13 (ECF No. 10)

14 CITIBANK N.A., et al.,

15 Defendants.

16 The Court has reviewed the parties’ stipulated protective order below (ECF No. 10)

17 |) and finds it comports with the relevant authorities and the Court’s Local Rule. See L.R.

18 || 141.1. The Court APPROVES the protective order, subject to the following clarification.

19 The Court’s Local Rules indicate that once an action is closed, it “will not retain

20 || jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R.

21 141 .1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2

22 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain

23 || jurisdiction for disputes concerning protective orders after closure of the case). Thus, the

24 || Court will not retain jurisdiction over this protective order once the case is closed.

Dated: November 24, 2025 eV - s .

7 GHI SOO KIM

UNITED STATES MAGISTRATE JUDGE

28 4, asho1032.25

1 Jsutrliicak Bla.n Sdt@ricsktelapntode (.ScoBmN 083013)

Adam R. Hoock (SBN 340811)

2 ahoock@steptoe.com

Chaitra G. Betageri (SBN 312760)

3 cbetageri@steptoe.com

STEPTOE LLP

4 2029 Century Park East, Suite 980

Los Angeles, CA 90067-3086

5 Telephone: 213 439 9400

Facsimile: 213 439 9599

6 Email: docketing@steptoe.com

7 Attorney for Defendant

CITIBANK, N.A.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

11 ) Case No. 2:25-cv-01032-TLN-CSK

MALA ASHOK, )

12 ) [PROPOSED] STIPULATED

Plaintiff, ) PROTECTIVE ORDER

13 )

v. )

)

CITIBANK, N.A.; DOES 1-25,

15 )

Defendants. )

16 )

)

17 )

)

1 1. A. PURPOSES AND LIMITATIONS

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

private information for which special protection from public disclosure and from use for any

purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby

stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties

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

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

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

principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

Protective Order does not entitle them to file confidential information under seal; Local Rule 141

sets forth the procedures that must be followed and the standards that will be applied when a party

seeks permission from the court to file material under seal.

B. GOOD CAUSE STATEMENT

13 Plaintiff Mala Ashok (“Plaintiff”) has filed this action against Defendant Citibank, N.A.

14 (“Citibank”, together with Plaintiff, the “Parties”) asserting claims for alleged violation of the

15 Unruh Civil Rights Act – Civ. Code § 51 et seq. (Count I), intentional misrepresentation (Count II),

16 negligent misrepresentation (Count III), breach of contract (Count IV), negligence (Count V), and

17 infliction of emotional distress (Count VI). In connection with this action, the Parties anticipate that

18 documents produced in discovery and witness testimony will include sensitive and confidential

19 personal information about Plaintiff, such as her personal identifying information and financial

20 information. It is extremely important that this information remain protected and not be readily

available due to the dangers of identity theft.

Furthermore, this action is likely to involve trade secrets and other valuable research,

development, commercial, financial, technical and/or proprietary information for which special

protection from public disclosure and from use for any purpose other than prosecution of this

action is warranted. Such confidential and proprietary materials and information consist of, among

other things, confidential business or financial information, information regarding confidential

business practices, or other confidential research, development, or commercial information

(including information implicating privacy rights of third parties), personal identifying information

1 about a consumer, information otherwise generally unavailable to the public, or which may be

2 privileged or otherwise protected from disclosure under state or federal statutes, court rules, case

decisions, or common law.

Additionally, the documents to be produced by Citibank may contain critical information

regarding Citibank’s computer systems involved in account management. Citibank likewise uses its

computer systems in conjunction with its proprietary policies and procedures to investigate

consumer disputes of wire fraud.

The sophistication of Citibank’s computer systems is a major advantage in the marketplace.

Were information about its computer system to get into the hands of competitors, it would enable

the competitors to enhance their own systems and, in so doing, remove the competitive edge it

currently enjoys. Similarly, were information about the design and workings of those systems,

including internal documents, policies or procedures, to get into the hands of a would-be

competitor, it would greatly facilitate that would-be competitor’s efforts to develop its own

sophisticated computer system. Such action would have a serious financial impact on Citibank.

Were this same type of information to get into criminal hands, it would facilitate the efforts of

those who seek to improperly access Citibank’s files on consumers or perpetrate identity fraud.

Accordingly, to expedite the flow of information, to facilitate the prompt resolution of

disputes over confidentiality of discovery materials, to adequately protect information the parties

are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses

of such material in preparation for and in the conduct of trial, to address their handling at the end of

the litigation, and serve the ends of justice, a protective order for such information is justified in

this matter. It is the intent of the parties that information will not be designated as confidential for

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

maintained in a confidential, non-public manner, and there is good cause why it should not be part

of the public record of this case.

Moreover, the Parties respectfully request that the Court issue a protective order because the

nature of the information being exchanged is such that reliance on a private agreement alone may

not provide adequate enforcement mechanisms. A court order is necessary to ensure that sensitive

1 information disclosed during the course of this litigation is properly protected, particularly where

2 such information may be shared with third parties, including experts and consultants. By issuing a

3 protective order, the Court can ensure that these non-parties are bound by its terms and subject to

4 the Court's jurisdiction in the event of any misuse of the disclosed information. Furthermore, a

5 court-supervised protective order provides the additional safeguard that its provisions have been

6 reviewed and approved as consistent with applicable legal standards, giving the Parties greater

7 assurance that their sensitive information will be appropriately handled throughout the litigation.

8 2. DEFINITIONS

9 2.1 Action: this pending federal lawsuit, captioned Mala Ashok v. Citibank, N.A., et al.,

Case No. 2:25-cv-01032-TLN-CSK.

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

information or items under this Order.

2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is

generated, stored or maintained) or tangible things that qualify for confidential treatment under

applicable law.

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

staff).

2.5 Designating Party: a Party or Non-Party that designates information or items that it

produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

2.6 Disclosure or Discovery Material: all items or information, regardless of the

20 medium or manner in which it is generated, stored, or maintained (including, among other things,

21 testimony, transcripts, and tangible things), that are produced or generated in disclosures or

22 responses to discovery in this matter.

23 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to

24 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

25 consultant in this Action.

26 2.8 House Counsel: attorneys who are employees of a party to this Action. House

27 Counsel does not include Outside Counsel of Record or any other outside counsel.

1 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal

2 entity not named as a Party to this Action.

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

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

Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that

party, and includes support staff.

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

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this Action.

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

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

storing, or retrieving data in any form or medium) and their employees and subcontractors.

13 2.14 Protected Material: any Disclosure or Discovery Material that is designated as

14 “CONFIDENTIAL.”

15 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a

16 Producing Party.

17 3. SCOPE

18 The protections conferred by this Stipulation and Order cover not only Protected Material

19 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all

20 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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

Any use of Protected Material at trial will be governed by the orders of the trial judge. This

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

4. DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this

Order will remain in effect until a Designating Party agrees otherwise in writing or a court order

otherwise directs. Final disposition will be deemed to be the later of (1) dismissal of all claims and

defenses in this Action, with or without prejudice; and (2) final judgment herein after the

1 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,

2 including the time limits for filing any motions or applications for extension of time pursuant to

applicable law.

Prior to final disposition of this litigation, the provisions of this Stipulated Protective Order

may be modified (including, without limitation, with respect to particular information) at any time

by stipulation of the parties and approval by order of the Court, or upon motion by a party for good

cause shown.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or

Non-Party that designates information or items for protection under this Order must take care to

limit any such designation to specific material that qualifies under the appropriate standards. The

Designating Party must designate for protection only those parts of material, documents, items, or

oral or written communications that qualify so that other portions of the material, documents,

13 items, or communications for which protection is not warranted are not swept unjustifiably within

14 the ambit of this Order.

15 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown

16 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily

17 encumber the case development process or to impose unnecessary expenses and burdens on other

18 parties) may expose the Designating Party to sanctions.

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

20 protection do not qualify for protection, that Designating Party must promptly notify all other

Parties that it is withdrawing the inapplicable designation.

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

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

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

designated before the material is disclosed or produced.

Designation in conformity with this Order requires:

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

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

1 affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to

2 each page that contains protected material. If only a portion or portions of the material on a page

qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,

by making appropriate markings in the margins).

A Party or Non-Party that makes original documents available for inspection need not

designate them for protection until after the inspecting Party has indicated which documents it

would like copied and produced. During the inspection and before the designation, all of the

material made available for inspection will be deemed “CONFIDENTIAL.” After the inspecting

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

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

before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL

legend” to each page that contains Protected Material. If only a portion or portions of the material

on a page qualifies for protection, the Producing Party also must clearly identify the protected

13 portion(s) (e.g., by making appropriate markings in the margins).

14 (b) For testimony given in depositions, the Parties can designate portions of such

15 testimony as Confidential Information by providing written notice of such designation to the

16 opposing Parties within thirty (30) days of receipt of the transcribed testimony by counsel. Until

17 thirty (30) days after receipt of the transcribed testimony, such testimony shall be treated by the

18 Parties as Confidential Information.

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

20 tangible items, that the Producing Party affix in a prominent place on the exterior of the container

or containers in which the information is stored the legend “CONFIDENTIAL.” If only a portion or

portions of the information warrants protection, the Producing Party, to the extent practicable, will

identify the protected portion(s).

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

designate qualified information or items does not, standing alone, waive the Designating Party’s

right to secure protection under this Order for such material. Upon timely correction of a

designation, the Receiving Party must make reasonable efforts to assure that the material is treated

in accordance with the provisions of this Order.

1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of

confidentiality at any time that is consistent with the Court’s Scheduling Order.

6.2 Meet and Confer. The Challenging Party will initiate the dispute resolution process

(and, if necessary, file a discovery motion) under Local Rule 251 et seq.

6.3 The burden of persuasion in any such challenge proceeding will be on the

Designating Party. Frivolous designations and challenges unless a Party acted with substantial

justification or there are other circumstances that would make the imposition of the sanction unjust,

and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and

burdens on other parties) may expose the Party to sanctions. Unless the Designating Party has

waived or withdrawn the confidentiality designation, all parties will continue to afford the material

in question the level of protection to which it is entitled under the Producing Party’s designation

until the Court rules on the challenge.

13 7. ACCESS TO AND USE OF PROTECTED MATERIAL

14 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or

15 produced by another Party or by a Non-Party in connection with this Action only for prosecuting,

16 defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the

17 categories of persons and under the conditions described in this Order. When the Action has been

18 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

19 DISPOSITION).

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

a secure manner that ensures that access is limited to the persons authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any

information or item designated “CONFIDENTIAL” only to:

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

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

information for this Action;

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

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

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

Be Bound” (Exhibit A);

(d) the Court and its personnel;

(e) court reporters and their staff;

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

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

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

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

other person who otherwise possessed or knew the information;

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

13 whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness

14 sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any

15 confidential information unless they sign the “Acknowledgment and Agreement to Be Bound”

16 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court. Pages of

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

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

19 under this Stipulated Protective Order; and

20 (i) any mediator or settlement officer, and their supporting personnel, mutually agreed

upon by any of the parties engaged in settlement discussions.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

LITIGATION

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

disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party

must:

(a) promptly notify in writing the Designating Party. Such notification will include a

copy of the subpoena or court order;

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

2 other litigation that some or all of the material covered by the subpoena or order is subject to this

Protective Order. Such notification will include a copy of this Stipulated Protective Order; and

Designating Party whose Protected Material may be affected.

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

or court order will not produce any information designated in this Action as “CONFIDENTIAL”

before a determination by the court from which the subpoena or order issued, unless the Party has

obtained the Designating Party’s permission. The Designating Party will bear the burden and

expense of seeking protection in that court of its confidential material and nothing in these

provisions should be construed as authorizing or encouraging a Receiving Party in this Action to

disobey a lawful directive from another court.

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

13 LITIGATION

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

15 this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

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

17 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional

18 protections.

19 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-

20 Party’s confidential information in its possession, and the Party is subject to an agreement with the

Non-Party not to produce the Non-Party’s confidential information, then the Party will:

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

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

with a Non-Party;

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

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

specific description of the information requested; and

1 (3) make the information requested available for inspection by the Non-Party, if

2 requested.

receiving the notice and accompanying information, the Receiving Party may produce the Non-

Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks

a protective order, the Receiving Party will not produce any information in its possession or control

that is subject to the confidentiality agreement with the Non-Party before a determination by the

Court. Absent a court order to the contrary, the Non-Party will bear the burden and expense of

seeking protection in this Court of its Protected Material.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

Material to any person or in any circumstance not authorized under this Stipulated Protective

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

13 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected

14 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the

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

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

17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

18 MATERIAL

19 When a Producing Party gives notice to Receiving Parties that certain inadvertently

20 produced material is subject to a claim of privilege or other protection, the obligations of the

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision

is not intended to modify whatever procedure may be established in an e-discovery order that

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

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

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

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

Court.

1 12. MISCELLANEOUS

2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the Court in the future.

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

no Party waives any right it otherwise would have to object to disclosing or producing any

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

Party waives any right to object on any ground to use in evidence of any of the material covered by

this Protective Order.

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

Material must comply with Local Rule 141. Protected Material may only be filed under seal

pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a

Party’s request to file Protected Material under seal is denied by the Court, then the Receiving

Party may file the information in the public record unless otherwise instructed by the Court.

13 13. FINAL DISPOSITION

14 After the final disposition of this Action, as defined in paragraph 4, within 60 days of a

15 written request by the Designating Party, each Receiving Party must return all Protected Material to

16 the Producing Party or destroy such material. As used in this subdivision, “all Protected Material”

17 includes all copies, abstracts, compilations, summaries, and any other format reproducing or

18 capturing any of the Protected Material. Whether the Protected Material is returned or destroyed,

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

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

where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the

Receiving Party has not retained any copies, abstracts, compilations, summaries or any other

format reproducing or capturing any of the Protected Material. Notwithstanding this provision,

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

hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,

attorney work product, and consultant and expert work product, even if such materials contain

Protected Material. Any such archival copies that contain or constitute Protected Material remain

subject to this Protective Order as set forth in Section 4 (DURATION).

1 14. Any violation of this Order may be by civil or criminal contempt proceedings, financial or

2 evidentiary sanctions, reference to disciplinary authorities, or other appropriate action at the

discretion of the Court.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6 Respectfully submitted,

Dated: November 14, 2025 STEPTOE LLP

8 JULIA B. STRICKLAND

ADAM R. HOOCK

CHAITRA G. BETAGERI

By: /s/ Chaitra G. Betageri

11 Chaitra G. Betageri

Attorneys for Defendant

13 CITIBANK, N.A.

15 Dated: November 14, 2025 EMPLOYEE & CONSUMER ADVOCATES OF

NORTHERN CALIFORNIA PC

16 CONNOR W. OLSON

BRITTANY V. ERZIN

18 By: /s/ Connor W. Olson

Connor W. Olson

Attorneys for Plaintiff

MALA ASHOK

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

4 I, ____________________ [print or type full name], of _________________ [print or type

5 full address], declare under penalty of perjury that I have read in its entirety and understand the

6 Stipulated Protective Order that was issued by the United States District Court for the Eastern

7 District of California in the case of Ashok v. Citibank, N.A., et al., Case No. 2:25-cv-01032-TLN-

8 CSK. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order

9 and I understand and acknowledge that failure to so comply could expose me to sanctions and

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

11 any information or item that is subject to this Stipulated Protective Order to any person or entity

12 except in strict compliance with the provisions of this Order.

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

14 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective

15 Order, even if such enforcement proceedings occur after termination of this action. I hereby

16 appoint ____________________ [print or type full name] of

17 _____________________________________________________ [print or type full address and

18 telephone number] as my California agent for service of process in connection with this action or

19 any proceedings related to enforcement of this Stipulated Protective Order.

20 Date: _________________________

21 City and State where sworn and signed: ___________________________________

22 Printed name: _____________________________

23 Signature: ________________________________

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