The opinion
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11|| PETER FONG, et al., Case No. 2:22-cv-01291-DC-CSK
12 Plaintiffs, ORDER GRANTING MODIFIED
3 y STIPULATED PROTECTIVE ORDER
(ECF No. 98)
U.S. BANCORP, et al.,
I5 Defendants.
16
17 The Court has reviewed the parties’ stipulated protective order below (ECF No. 98), and
18 ]| finds it comports with the relevant authorities and the Court’s Local Rule. See L.R. 141.1. The
19 || Court APPROVES the protective order, subject to the following clarification.
20 The Court’s Local Rules indicate that once an action is closed, it “will not retain
jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R.
141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 (E.D.
23 |) Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain jurisdiction for
24 |) disputes concerning protective orders after closure of the case). Thus, the Court will not retain
25 || jurisdiction over this protective order once the case is closed.
26 Dated: March 5, 2026 CC; UK s \U .
7 CHISOO KIM —
28 || 4 fong1291.22 UNITED STATES MAGISTRATE JUDGE
oo FRROPOSEDTSTIPULATED □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□
1 J. Toji Calabro (SBN 239950)
CALABRO | LAW OFFICE
2 Two Pershing Square
2300 Main Street, 9th Floor
3
Kansas City, Missouri 64108
4 Tel: (888) 585-1247
Email: tojicalabro@calabro-law.com
5
Attorney for Plaintiffs
6
7 GREENBERG TRAURIG, LLP
KARIN L. BOHMHOLDT (SBN 234929)
8 bohmholdtk@gtlaw.com
SAM PAYNE (SBN 307484)
9 sam.payne@gtlaw.com
1840 Century Park East, Suite 1900
10 Los Angeles, California 90067
Telephone: (310) 586-7700
11 Facsimile: (310) 586-7800
12 GREENBERG TRAURIG, LLP
MICHAEL M. KRAUSS (Admitted Pro Hac Vice)
13 kraussm@gtlaw.com
90 South 7th Street, Suite 3500
14 Minneapolis, Minnesota 55402
Telephone: (612) 259-9700
15 Facsimile: (612) 677-3101
16 Attorneys for Defendants
U.S. BANCORP and
17 U.S. BANK NATIONAL ASSOCIATION
18 UNITED STATES DISTRICT COURT
19 EASTERN DISTRICT OF CALIFORNIA
20
21 PETER FONG and SUT FONG, Case No. 2:22-cv-01291-DC-CSK
22 Plaintiffs, [PROPOSED] STIPULATED PROTECTIVE
ORDER
23 v.
24 U.S. BANCORP and U.S. BANK NATIONAL
ASSOCIATION, Judge: Hon. Dena Coggins
25 Magistrate Judge: Chi Soo Kim
Defendants. Complaint Filed: July 21, 2022
26 First Am. Compl. Filed: August 21, 2025
Second Am. Compl. Filed: Feb. 10, 2026
27
1 Subject to the approval of this Court, Plaintiffs Peter Fong and Sut Fong (“Plaintiffs”), and U.S.
2 Bank National Association and U.S. Bancorp (“Defendants”)1 (collectively, the “Parties”) stipulate and
3 jointly move the Court to issue the following protective order (“Protective Order” or the “Order”) to govern
4 the disclosure of documents, things, and information produced in the above-captioned action.
5 A. PURPOSES AND LIMITATIONS
6 Disclosure and discovery activity in this action are likely to involve production of confidential,
7 proprietary, or private information for which special protection from public disclosure and from use for
8 any purpose other than prosecuting this litigation may be warranted. Accordingly, the Parties hereby
9 stipulate to and petition the Court to enter the following Stipulated Protective Order pursuant to Local Rule
10 141.1. The Parties acknowledge that this Order does not confer blanket protections on all disclosures or
11 responses to discovery and that the protection it affords from public disclosure and use extends only to the
12 limited information or items that are entitled to confidential treatment under the applicable legal principles.
13 The Parties further acknowledge, as set forth in Section 11.3, below, that this Stipulated Protective Order
14 does not entitle them to file confidential information under seal; Local Rule 141 sets forth the procedures
15 that must be followed and the standards that will be applied when a party seeks permission from the court
16 to file material under seal.
17 B. GOOD CAUSE STATEMENT
18 This action is likely to involve personal, commercial, financial, technical and/or proprietary
19 information for which special protection from public disclosure and from use for any purpose other than
20 the prosecution of this action is warranted. Such confidential and proprietary materials and information
21 consist of, among other things, private and sensitive data about third parties including bank customers and
22 employees, confidential business practices, confidential person, business or financial information,
23 information regarding confidential business practices, or other confidential research, development, or
24 commercial information (including information implicating privacy rights of third parties), information
25 otherwise generally unavailable to the public, or which may be privileged or otherwise protected from
26 disclosure under state or federal statues or regulations, court rules, case decisions, or common law.
27
1 U.S. Bancorp objects to this Court’s jurisdiction over it and does not waive its right to have this case
1 Financial information such as internal bank records relating to accounts, transactions, and other related
2 banking activity, contain highly sensitive personal financial data inappropriate for public dissemination,
3 and disclosure could cause unnecessary annoyance, embarrassment, identity-theft risk, and other harm.
4 Security-sensitive bank procedures and business practices such as surveillance infrastructure and bank
5 processes and related reports, internal communications and proprietary compliance or risk-management
6 documents, if disclosed, could compromise the security of bank facilities and expose the institution, its
7 customers, and the public to risk and/or harm legitimate business interests. Accordingly, to expedite the
8 flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery
9 materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the
10 parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of
11 trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order
12 for such information is justified in this matter. It is the intent of the parties that information will not be
13 designated as confidential for tactical reasons and that nothing be so designated without a good faith belief
14 that it has been maintained in a confidential, non-public manner, and there is good cause why it should not
15 be part of the public record of this case.
16 By entering into this Stipulation, no party waives its rights to object to the production of materials
17 on any ground, including that materials are privileged, proprietary, or confidential such that production of
18 any kind is not warranted.
19 1. DEFINITIONS
20 1.1 Challenging Party: a Party or Non-Party that challenges the designation of information or
21 items under this Order.
22 1.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated,
23 stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure
24 26(c).
25 1.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their
26 support staff).
27 1.4 Designating Party: a Party or Non-Party that designates information or items that it produces
1 1.5 Disclosure or Discovery Material: all items or information, regardless of the medium or
2 manner in which it is generated, stored, or maintained (including, among other things, testimony,
3 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in
4 this matter.
5 1.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the
6 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in
7 this action.
8 1.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does
9 not include Outside Counsel of Record or any other outside counsel.
10 1.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity
11 not named as a Party to this action.
12 1.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but
13 are retained to represent or advise a party to this action and have appeared in this action on behalf of that
14 party or are affiliated with a law firm which has appeared on behalf of that party.
15 1.10 Party: any party to this action, including all of its officers, directors, employees, consultants,
16 retained experts, and Outside Counsel of Record (and their support staffs).
17 1.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in
18 this action.
19 1.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,
20 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or
21 retrieving data in any form or medium) and their employees and subcontractors.
22 1.13 Protected Material: any Disclosure or Discovery Material that is designated as
23 “CONFIDENTIAL.”
24 1.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing
25 Party.
26 2. SCOPE
27 The protections conferred by this Stipulation and Order cover not only Protected Material (as
1 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
2 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
3 conferred by this Stipulation and Order do not cover the following information: (a) any information that is
4 in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain
5 after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order;
6 and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving
7 Party after the disclosure from a source who obtained the information lawfully and under no obligation of
8 confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a
9 separate agreement or order.
10 3. DURATION
11 Even after final disposition of this litigation, the confidentiality obligations imposed by this Order
12 shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise
13 directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this
14 action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all
15 appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any
16 motions or applications for extension of time pursuant to applicable law.
17 4. DESIGNATING PROTECTED MATERIAL
18 4.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-
19 Party that designates information or items for protection under this Order must take care to limit any such
20 designation to specific material that qualifies under the appropriate standards. The Designating Party must
21 designate for protection only those parts of material, documents, items, or oral or written communications
22 that qualify – so that other portions of the material, documents, items, or communications for which
23 protection is not warranted are not swept unjustifiably within the ambit of this Order.
24 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be
25 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or
26 retard the case development process or to impose unnecessary expenses and burdens on other parties)
27 expose the Designating Party to sanctions.
1 protection do not qualify for protection, that Designating Party must promptly notify all other Parties that
2 it is withdrawing the mistaken designation.
3 4.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g.,
4 second paragraph of section 4.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery
5 Material that qualifies for protection under this Order must be clearly so designated before the material is
6 disclosed or produced.
7 Designation in conformity with this Order requires:
8 (a) For information in documentary form (e.g., paper or electronic documents, but excluding
9 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix
10 the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
11 or portions of the material on a page qualifies for protection, the Producing Party also must
12 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins).
13 A Party or Non-Party that makes original documents or materials available for inspection need
14 not designate them for protection until after the inspecting Party has indicated which material
15 it would like copied and produced. During the inspection and before the designation, all of the
16 material made available for inspection shall be deemed “CONFIDENTIAL.” After the
17 inspecting Party has identified the documents it wants copied and produced, the Producing Party
18 must determine which documents, or portions thereof, qualify for protection under this Order.
19 Then, before producing the specified documents, the Producing Party must affix the
20 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or
21 portions of the material on a page qualifies for protection, the Producing Party also must clearly
22 identify the protected portion(s) (e.g., by making appropriate markings in the margins). If a
23 Party wishes to designate any materials as CONFIDENTIAL that are produced by another Party
24 or third party, they may do so by notifying all Parties of the requested designation at any time.
25 (b) For testimony given in depositions or in other pretrial or trial proceedings that the Designating
26 Party identify the Disclosure or Discovery Material on the record, before the close of the
27 deposition, hearing, or other proceeding, all protected testimony. When it is impractical to
1 substantial portions of the testimony may qualify for protection, the Designating Party may
2 invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right
3 to have up to 21 days to identify the specific portions of the testimony as to which protection is
4 sought. Only those portions of the testimony that are appropriately designated for protection
5 within the 21 days shall be covered by the provisions of this Stipulated Protective Order.
6 Alternatively, a Designating Party may specify, at the deposition, hearing, or other proceeding,
7 or up to 21 days afterwards if that period is properly invoked, that the entire transcript shall be
8 treated as “CONFIDENTIAL.” Parties shall give the other parties reasonable notice (a
9 minimum of two business days) if they reasonably expect a deposition, hearing, or other
10 proceeding to include Protected Material so that the other parties can ensure that only authorized
11 individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A)
12 are present at those proceedings. The use of a document as an exhibit at a deposition shall not
13 in any way affect its designation as “CONFIDENTIAL.” Transcripts containing Protected
14 Material shall have an obvious legend on the title page that the transcript contains Protected
15 Material, and the title page shall be followed by a list of all pages (including line numbers as
16 appropriate) that have been designated as Protected Material and the level of protection being
17 asserted by the Designating Party. The Designating Party shall inform the court reporter of these
18 requirements. Any transcript that is prepared before the expiration of a 21-day period for
19 designation shall be treated during that period as if it had been designated “CONFIDENTIAL”
20 in its entirety unless otherwise agreed. After the expiration of that period, the transcript shall be
21 treated only as actually designated.
22 (c) for information produced in some form other than documentary and for any other tangible
23 items, that the Producing Party affix in a prominent place on the exterior of the container or
24 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
25 portion or portions of the information or item warrant protection, the Producing Party, to the
26 extent practicable, shall identify the protected portion(s).
27 4.3 Inadvertent Failures to Designate. An inadvertent failure to designate qualified information
1 for such material. After identifying an inadvertent failure to designate, the Producing Party must notify the
2 Receiving Party of the inadvertent disclosure and replace the non-designated material with new copies
3 designated as “CONFIDENTIAL.” Upon correction of a designation, the Receiving Party must make
4 reasonable efforts to assure that the material is treated in accordance with the provisions of this Order.
5 5. CHALLENGING CONFIDENTIALITY DESIGNATIONS
6 5.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
7 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation
8 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant
9 disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality
10 designation by electing not to mount a challenge promptly after the original designation is disclosed.
11 5.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by
12 providing written notice of each designation it is challenging and describing the basis for each challenge.
13 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the
14 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective
15 Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by
16 conferring directly within 14 days of the date of service of notice. In conferring, the Challenging Party
17 must explain the basis for its belief that the confidentiality designation was not proper and must give the
18 Designating Party an opportunity to review the designated material, to reconsider the circumstances, and,
19 if no change in designation is offered, to explain the basis for the chosen designation. A Challenging Party
20 may proceed to the next stage of the challenge process only if it has engaged in this meet and confer process
21 first or establishes that the Designating Party is unwilling to participate in the meet and confer process in
22 a timely manner.
23 5.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,
24 the Designating Party shall file and serve a motion to retain confidentiality under Local Rules 230 and 251
25 (and in compliance with Local Rules 141 and 141.1, if applicable) within 21 days of the initial notice of
26 challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their
27 dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration affirming
1 If the Designating Party fails to move within the prescribed time, the challenged documents shall no longer
2 be afforded protection under this Order. In addition, the Challenging Party may file a motion challenging
3 a confidentiality designation at any time if there is good cause for doing so, including a challenge to the
4 designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this
5 provision must be accompanied by a competent declaration affirming that the movant has complied with
6 the meet and confer requirements imposed by the preceding paragraph.
7 The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
8 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary
9 expenses and burdens on other parties) may expose the Challenging Party to sanctions. All parties shall
10 continue to afford the material in question the level of protection to which it is entitled under the Producing
11 Party’s designation until the court rules on the challenge.
12 6. ACCESS TO AND USE OF PROTECTED MATERIAL
13 6.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
14 produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending,
15 or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of
16 persons and under the conditions described in this Order. When the litigation has been terminated, a
17 Receiving Party must comply with the provisions of section 12 below (FINAL DISPOSITION).
18 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure
19 manner that ensures that access is limited to the persons authorized under this Order.
20 6.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the
21 court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or
22 item designated “CONFIDENTIAL” only to:
23 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said
24 Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
25 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
26 attached hereto as Exhibit A;
27 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to
1 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably
3 necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be
4 Bound” (Exhibit A), and their staff to whom disclosure is reasonably necessary for this Action
5 and who are supervised by Experts who have signed Exhibit A;
6 (d) the court and its personnel, and court reporters and their staff;
7 (e) professional jury or trial consultants, mock jurors, and Professional Vendors to whom
8 disclosure is reasonably necessary for this litigation and who have signed the
9 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
10 (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary
11 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
12 otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
13 deposition testimony or exhibits to depositions that reveal Protected Material must be separately
14 bound by the court reporter and may not be disclosed to anyone except as permitted under this
15 Stipulated Protective Order;
16 (g) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by
17 any of the parties engaged in settlement discussions; and
18 (h) the author or recipient of a document containing the information or a custodian or other person
19 who otherwise possessed or knew the information.
20 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
21 LITIGATION
22 If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure
23 of any information or items designated in this action as “CONFIDENTIAL,” that Party must:
24 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the
25 subpoena or court order;
26 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other
27 litigation that some or all of the material covered by the subpoena or order is subject to this
1 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating
2 Party whose Protected Material may be affected.
3 If the Designating Party timely seeks a protective order, the Party served with a subpoena shall not
4 produce any information designated in this action as “CONFIDENTIAL” before either (a) a determination
5 by a court that compliance is required; or (b) the Designating Party consents. If a Receiving Party is served
6 with any court order compelling compliance, nothing in this Stipulated Protective Order prohibits
7 complying by the Court-ordered deadline, but to the extent reasonably practical under the terms of the court
8 order, the Receiving Party should provide the Designating Party time to seek relief from the court order.
9 The Designating Party shall bear all burden and all expense of seeking protection of its confidential material
10 – and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in
11 this action to disobey a lawful directive from another court.
12 8. 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 this action and
15 designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with
16 this litigation is protected by the remedies and relief provided by this Order. Nothing in these
17 provisions should be construed as prohibiting a Non-Party from seeking additional protections.
18 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s
19 confidential information in its possession, and the Party is subject to an agreement with the Non-
20 Party not to produce the Non-Party’s confidential information, then the Party shall:
21 1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the
22 information requested is subject to a confidentiality agreement with a Non-Party;
23 2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this
24 litigation, the relevant discovery request(s), and a reasonably specific description of the
25 information requested; and
26 3) make the information requested available for inspection by the Non-Party.
27 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days of receiving
1 confidential information responsive to the discovery request. If the Non-Party timely seeks a
2 protective order, the Receiving Party shall not produce any information in its possession or control
3 that is subject to the confidentiality agreement with the Non-Party before a determination by the
4 court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
5 seeking protection in this court of its Protected Material.
6 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material
8 to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving
9 Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
10 its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons
11 to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or
12 persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
13 A.
14 10. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
15 MATERIAL
16 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
17 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are
18 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
19 whatever procedure may be established in an e-discovery order that provides for production without prior
20 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an
21 agreement on the effect of disclosure of a communication or information covered by the attorney-client
22 privilege or work product protection, the parties may incorporate their agreement in the stipulated
23 protective order submitted to the court.
24 11. MISCELLANEOUS
25 11.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its
26 modification by the court in the future.
27 11.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no
1 on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to
2 object on any ground to use in evidence of any of the material covered by this Protective Order.
3 11.3 Filing Protected Material. Without written permission from the Designating Party or a court
4 order secured after appropriate notice to all interested persons, a Party may not file in the public record in
5 this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply
6 with Local Rule 141. Protected Material may only be filed under seal pursuant to a court order authorizing
7 the sealing of the specific Protected Material at issue. Pursuant to Local Rule 141, a sealing order will issue
8 only upon a request establishing that the Protected Material at issue is privileged, protectable as a trade
9 secret, or otherwise entitled to protection under the law. If a Receiving Party’s request to file Protected
10 Material under seal is denied by the court, then the Receiving Party may file the Protected Material in the
11 public record unless otherwise instructed by the court.
12 12. FINAL DISPOSITION
13 Within 60 days after the final disposition of this action, as defined in section 3, each Receiving
14 Party must return all Protected Material to the Producing Party or destroy such material. As used in this
15 subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other
16 format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned
17 or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the
18 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,
19 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the
20 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format
21 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are
22 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
23 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and
24 consultant and expert work product, even if such materials contain Protected Material. Any such archival
25 copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in
26 Section 3 (DURATION).
27
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
1 Dated: March 3, 2026 CALABRO | LAW OFFICE
2
/s/ J. Toji Calabro (as authorized on 3/02/26)
3
J. Toji Calabro
4 Attorney for Plaintiffs
5
6
Dated: March 3, 2026 GREENBERG TRAURIG, LLP
7
8
/s/ Karin L. Bohmholdt_________________
9 Karin L. Bohmholdt
Attorneys for Defendants
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1 EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2
I, _____________________________ [print or type full name], of _________________ [print or
3
4 type full address], declare under penalty of perjury that I have read in its entirety and understand the
5 Stipulated Protective Order that was issued by the United States District Court for the Eastern District of
6
California on __________ [date] in the case of Fong et al. v. U.S. Bancorp et al., Case No. 2:22-cv-01291-
7
DC-CSK. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and
8
I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in
9
the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item
10
11 that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with
12 the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court
13 for the Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective
14
Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint
15
__________________________ [print or type full name] of ______________________________ [print
16
or type full address and telephone number] as my California agent for service of process in connection with
17
this action or any proceedings related to enforcement of this Stipulated Protective Order.
18
19 Date: ______________________________________
20 City and State where sworn and signed: _________________________________
21 Printed name: _______________________________
22
Signature: _________________________________
23
24
25
26
27