Opinion

Opinion

Court
District Court, C.D. California
Filed
Mar 9, 2026
Cited by
0 cases

The opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 WESTERN DIVISION

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12 ALEXANDER GODELMAN,

Case No. 2:25-cv-04767-FLA-AJR

13 Plaintiff,

v. [PROPOSED] STIPULATED

14 PROTECTIVE ORDER

PENNYMAC FINANCIAL

15 SERVICES, INC. et al

16 Defendants.

17

18 1. GENERAL

19 1.1 Purposes and Limitations. Discovery in this action is likely to involve

20 production of confidential, proprietary, or private information for which special

21 protection from public disclosure and from use for any purpose other than prosecuting

22 this litigation may be warranted. Accordingly, the parties hereby stipulate to and

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

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

25 responses to discovery and that the protection it affords from public disclosure and

26 use extends only to the limited information or items that are entitled to confidential

27 treatment under the applicable legal principles. The parties further acknowledge, as

28 set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle

1 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the

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

3 seeks permission from the court to file material under seal.

4 1.2 Good Cause Statement.

5 Good cause exists for the entry of this Order because discovery in this action is

6 expected to involve the production of certain categories of information that may

7 warrant confidential treatment, including non-public employee or personnel

8 information, private personal information, and sensitive internal business records and

9 proprietary information. The parties anticipate that such information may include

10 internal communications, employment records, and other materials whose disclosure

11 outside the litigation could implicate legitimate privacy or business concerns. This

12 Order is intended to facilitate the orderly production of such materials during

13 discovery while preventing their use or disclosure outside the confines of this

14 litigation.

15 2. DEFINITIONS

16 2.1 Action: this pending federal lawsuit.

17 2.2 Challenging Party: a Party or Non-Party that challenges the designation

18 of information or items under this Order.

19 2.3 "CONFIDENTIAL" Information or Items: information (regardless of

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

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

22 Cause Statement.

23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

24 support staff).

25 2.5 Designating Party: a Party or Non-Party that designates information or

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

27 "CONFIDENTIAL."

28 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

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

4 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

7 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

9 counsel.

10 2.9 Non-Party: any natural person, partnership, corporation, association, or

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

12 3.0 Outside Counsel of Record: attorneys who are not employees of a party

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

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

15 has appeared on behalf of that party, including support staff.

16 3.1 Party: any party to this Action, including all of its officers, directors,

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

18 support staffs).

19 3.2 Producing Party: a Party or Non-Party that produces Disclosure or

20 Discovery Material in this Action.

21 3.3 Professional Vendors: persons or entities that provide litigation support

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

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

24 and their employees and subcontractors.

25 3.4 Protected Material: any Disclosure or Discovery Material that is

26 designated as "CONFIDENTIAL."

27 3.5 Receiving Party: a Party that receives Disclosure or Discovery Material

28 from a Producing Party.

1 3. SCOPE

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

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

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

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

6 or their Counsel that might reveal Protected Material.

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

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

9 4. DURATION

10 Even after final disposition of this Action, the confidentiality obligations

11 imposed by this Order will remain in effect until a Designating Party agrees otherwise

12 in writing or a court order otherwise directs. Final disposition is the later of (1)

13 dismissal of all claims and defenses in this Action, with or without prejudice, or (2)

14 final judgment after the completion and exhaustion of all appeals, rehearings,

15 remands, trials, or reviews of this Action, including the time limits for filing any

16 motions or applications for extension of time under applicable law. If the case

17 proceeds to trial, however, the Parties acknowledge that all of the court-filed

18 information to be introduced that was previously designated as confidential or

19 maintained pursuant to this protective order becomes public and will be presumptively

20 available to all members of the public, including the press, unless compelling reasons

21 supported by specific factual findings to proceed otherwise are made to the trial judge

22 in advance of the trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172,

23 1180-81 (9th Cir. 2006) (distinguishing "good cause" showing for sealing documents

24 produced in discovery from "compelling reasons" standard when merits-related

25 documents are part of court record).

26 5. DESIGNATING PROTECTED MATERIAL

27 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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

6 this Order.

7 Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

11 to sanctions.

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

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

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

15 5.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

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

19 produced.

20 Designation in conformity with this Order requires:

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

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

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

24 "CONFIDENTIAL" (hereinafter "CONFIDENTIAL legend"), to each page that

25 contains protected material, on a document-by-document basis at the time of

26 production. If only a portion or portions of the material on a page qualifies for

27 protection, the Producing Party also must clearly identify the protected portion(s)

28 (e.g., by making appropriate markings in the margins).

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

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

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

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

5 deemed "CONFIDENTIAL." After the inspecting Party has identified the documents

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

7 or portions thereof, qualify for protection under this Order. Then, before producing

8 the specified documents, the Producing Party must affix the CONFIDENTIAL legend

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

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

11 identify the protected portion(s) (e.g., by making appropriate markings in the

12 margins).

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.

27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

28 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

2 Scheduling Order.

3 6.2 Meet and Confer. To challenge a designation, the Challenging Party

4 must send a letter identifying each designation in dispute (though the designations

5 may be addressed by category), state briefly as to each designation (or category of

6 designations) the Challenging Party's position, request a prefiling conference of

7 counsel, and specify clearly that the Challenging Party believes the party should

8 remove the designation. Counsel for the Designating Party must confer with counsel

9 for the Challenging Party under L.R. 37-1 within 10 days after the Challenging Party

10 serves its letter. If counsel are unable to settle their differences through the meet-and-

11 confer process described above, the Designating Party shall, within 3 business days,

12 email the Court (with all counsel copied) requesting a discovery conference via Zoom

13 to discuss the dispute. The email must include (1) at least 3 proposed times mutually

14 agreed by the parties for the conference via Zoom, (2) the discovery cut-off date, (3)

15 a neutral statement of each issue in dispute, and (4) a brief description of each party's

16 position on the dispute. Any further briefing or motion practice concerning the dispute

17 shall occur only if directed by the Court and on the schedule set by the Court.

18 6.3 Burden. The burden of persuasion in any such challenge proceeding

19 shall be on the Designating Party. Frivolous challenges, and those made for an

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

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

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

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

24 under the Producing Party's designation until the Court rules on the challenge.

25 7. ACCESS TO AND USE OF PROTECTED MATERIAL

26 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

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

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

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

6 authorized under this Order.

7 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless

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

9 Receiving Party may disclose any information or item designated

10 "CONFIDENTIAL" only to:

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

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

13 necessary to disclose the information for this Action;

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

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

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

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

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

19 (d) the Court and its personnel;

20 (e) court reporters and their staff;

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

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

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

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

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

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

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

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

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

2 "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise agreed

3 by the Designating Party or ordered by the Court. Pages of transcribed deposition

4 testimony or exhibits to depositions that reveal Protected Material may be separately

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

6 under this Stipulated Protective Order; and

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

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

9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

10 PRODUCED IN OTHER LITIGATION

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

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

13 "CONFIDENTIAL," that Party must:

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

15 include a copy of the subpoena or court order;

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

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

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

19 this Stipulated Protective Order; and

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

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

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

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

24 as "CONFIDENTIAL" before a determination by the court from which the subpoena

25 or order issued, unless the Party has obtained the Designating Party's permission. The

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

27 of its confidential material and nothing in these provisions should be construed as

28 authorizing or encouraging a Receiving Party in this Action to disobey a lawful

1 directive from another court.

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

3 PRODUCED IN THIS LITIGATION

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

5 Party in this Action and designated as "CONFIDENTIAL Such information produced

6 by Non-Parties in connection with this litigation is protected by the remedies and

7 relief provided by this Order. Nothing in these provisions should be construed as

8 prohibiting a Non-Party from seeking additional protections.

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

10 a Non-Party's confidential information in its possession, and the Party is subject to an

11 agreement with the Non-Party not to produce the Non-Party's confidential

12 information, then the Party shall:

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

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

15 with a Non-Party;

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

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

18 specific description of the information requested; and

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

20 Party, if requested.

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

22 days of receiving the notice and accompanying information, the Receiving Party may

23 produce the Non-Party's confidential information responsive to the discovery request.

24 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce

25 any information in its possession or control that is subject to the confidentiality

26 agreement with the Non-Party before a determination by the Court. Absent a court

27 order to the contrary, the Non-Party shall bear the burden and expense of seeking

28 protection in this Court of its Protected Material.

1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

8 and (d) request such person or persons to execute the "Acknowledgment and

9 Agreement to Be Bound" that is attached hereto as Exhibit A.

10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11 PROTECTED MATERIAL

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

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

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

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

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

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

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

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

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

21 to the Court.

22 12. MISCELLANEOUS

23 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

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

25 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

2 12.3 Filing Protected Material. A Party that seeks to file under seal any

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

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

5 Protected Material at issue; good cause must be shown in the request to file under

6 seal. If a Party's request to file Protected Material under seal is denied by the Court,

7 then the Receiving Party may file the information in the public record unless

8 otherwise instructed by the Court.

9 13. FINAL DISPOSITION

10 After the final disposition of this Action, within 60 days of a written request by

11 the Designating Party, each Receiving Party must return all Protected Material to the

12 Producing Party or destroy such material. As used in this subdivision, "all Protected

13 Material" includes all copies, abstracts, compilations, summaries, and any other

14 format reproducing or capturing any of the Protected Material. Whether the Protected

15 Material is returned or destroyed, the Receiving Party must submit a written

16 certification to the Producing Party (and, if not the same person or entity, to the

17 Designating Party) by the 60 day deadline that (1) identifies (by category, where

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

19 that the Receiving Party has not retained any copies, abstracts, compilations,

20 summaries or any other format reproducing or capturing any of the Protected Material.

21 Notwithstanding this provision, counsel are entitled to retain an archival copy of all

22 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

23 correspondence, deposition and trial exhibits, expert reports, attorney work product,

24 and consultant and expert work product, even if such materials contain Protected

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

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

27 14. VIOLATION OF ORDER

28 Any violation of this Order may be punished by any and all appropriate

1 || measures including, without limitation, contempt proceedings and/or monetary

2 || sanctions.

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

4

5 || DATED: March 6, 2026.

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7 || Law Offices of Barry B. Kaufman, APC

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/s/ Barry B. Kaufman

9 || Barry B. Kaufman

10 16133 Ventura Boulevard, Suite 700

Encino, California 91436

11 || Telephone: (818) 995-9115

12 || Email: barry@barrybkaufman.com

Attorney for Plaintiff Alexander Godelman

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14 || DATED: March 6, 2026.

15 || Akerman LLP

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/s/ Taylor T. Haywood

17 || Taylor T. Haywood (admitted pro hac vice)

1g || 1900 Sixteenth Street, Suite 950

Denver, Colorado 80202

19 |! Telephone: (303) 260-7712

20 || Email: taylor.haywood@akerman.com

Attorneys for Defendants PennyMac Financial

21 |! Services, Inc.; Private National Mortgage

22 || Acceptance Company, LLC; David A. Spector;

33 Doug Jones; and Mike Hogan

24 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

25

26 || DATED: March 9, 2026 \oek Rf A

07 HONSA. JOEL RICHLIN

United States Magistrate Judge

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1 L.R. 5-4.3.4(a)(2)(i) Certification

2 All other signatories listed above concur in this filing's content and have

3 authorized this filing.

4 Dated: March 6, 2026 /s/ Taylor T. Haywood

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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 Central District of California on ____________ [date] in the

8 case of Godelman v. PennyMac Financial Services, Inc. et al, Case No. 2:25-cv-

9 04767-FLA-AJR agree to comply with and to be bound by all the terms of this

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

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

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

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

14 compliance with the provisions of this Order.

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

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

17 Stipulated Protective Order, even if such enforcement proceedings occur after

18 termination of this action. I hereby appoint __________________________ [full

19 name] of _______________________________________ [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 signed: _________________________________

25 Printed name: _______________________________

26 Signature: __________________________________

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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