Carrie Pi v. Bank of America, N.A.

Case 8:21-cv-00363-CJC-JDE Document 28 Filed 01/13/22 Page 1 of 20 Page ID #:125

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 SOUTHERN DIVISION

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12 CARRIE PI, Case No. 8:21-cv-00363-CJC-JDE

13 Plaintiff,

STIPULATED PROTECTIVE

14 v. ORDER

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BANK OF AMERICA, N.A, and Complaint Filed: 02/24/2021

16 EXPERIAN INFORMATION

SOLUTIONS, INC.,

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18 Defendants.

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Based on the Stipulation by and between Plaintiff Carrie Pi (“Plaintiff”) and

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Defendant Bank of America, N.A. (“Defendant”) (collectively, the “Parties”), in

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22 order to facilitate the exchange of information and documents that may be subject to

23 confidentiality limitations on disclosure due to federal laws, state laws, and privacy

24 rights, and in order to secure the entry of a protective order limiting the review,

25 copying, dissemination and filing of confidential and/or proprietary documents and

26 information to be produced by the Parties and their respective counsel or by any

27 non-party in the course of discovery in this matter to the extent set forth below, and

28 for good cause shown, the Court finds and orders as follows:

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STIPULATED PROTECTIVE ORDER

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1 1. PURPOSES AND LIMITATIONS

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

3 proprietary or private information for which special protection from public disclosure

4 and from use for any purpose other than pursuing this litigation may be warranted.

5 Accordingly, the parties hereby stipulate to and petition the Court to enter the

6 following Stipulated Protective Order. The parties acknowledge that this Order does

7 not confer blanket protections on all disclosures or responses to discovery and that

8 the protection it affords from public disclosure and use extends only to the limited

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

10 legal principles.

11 2. GOOD CAUSE STATEMENT

12 This action is likely to involve Defendant’s confidential account records, which

13 include non-public information, proprietary business information, trade secrets,

14 competitively or commercially sensitive information, nonpublic personal information

15 within the meaning of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801) or similar

16 applicable state or local consumer privacy protective laws and/or “consumer reports”

17 within the meaning of the Fair Credit Reporting Act (15 U.S.C. § 168la) (collectively,

18 the “Acts”), or other information, the disclosure of which would, in the good faith

19 judgment of the Producing Party (defined below) be detrimental to the conduct of that

20 Party’s business or the business of any of the Party’s customers or clients. Such

21 confidential and proprietary materials and information consist of, among other things,

22 confidential business or financial information, information regarding confidential

23 business practices or commercial information (including information implicating

24 privacy rights of third parties), information otherwise generally unavailable to the

25 public, or which may be privileged or otherwise protected from disclosure under state

26 or federal statutes, court rules, case decisions, or common law. Accordingly, to

27 expedite the flow of information, to facilitate the prompt resolution of disputes over

28 confidentiality of discovery materials, to adequately protect information the parties

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STIPULATED PROTECTIVE ORDER

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

2 necessary uses of such material in preparation for and in the conduct of trial, to address

3 their handling at the end of the litigation, and serve the ends of justice, a protective

4 order for such information is justified in this matter. It is the intent of the parties that

5 information will not be designated as confidential for tactical reasons and that nothing

6 be so designated without a good faith belief that it has been maintained in a

7 confidential, non-public manner, and there is good cause why it should not be part of

8 the public record of this case.

9 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

10 The parties further acknowledge, as set forth in Section 14.3, below, that this

11 Stipulated Protective Order does not entitle them to file confidential information

12 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and

13 the standards that will be applied when a party seeks permission from the court to file

14 material under seal. There is a strong presumption that the public has a right of access

15 to judicial proceedings and records in civil cases. In connection with non-dispositive

16 motions, good cause must be shown to support a filing under seal. See Kamakana v.

17 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.

18 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony

19 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective

20 orders require good cause showing), and a specific showing of good cause or

21 compelling reasons with proper evidentiary support and legal justification, must be

22 made with respect to Protected Material that a party seeks to file under seal. The

23 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL

24 does not—without the submission of competent evidence by declaration, establishing

25 that the material sought to be filed under seal qualifies as confidential, privileged, or

26 otherwise protectable—constitute good cause.

27 Further, if a party requests sealing related to a dispositive motion or trial, then

28 compelling reasons, not only good cause, for the sealing must be shown, and the relief

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STIPULATED PROTECTIVE ORDER

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1 sought shall be narrowly tailored to serve the specific interest to be protected. See

2 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each

3 item or type of information, document, or thing sought to be filed or introduced under

4 seal, the party seeking protection must articulate compelling reasons, supported by

5 specific facts and legal justification, for the requested sealing order. Again, competent

6 evidence supporting the application to file documents under seal must be provided by

7 declaration.

8 Any document that is not confidential, privileged, or otherwise protectable in

9 its entirety will not be filed under seal if the confidential portions can be redacted. If

10 documents can be redacted, then a redacted version for public viewing, omitting only

11 the confidential, privileged, or otherwise protectable portions of the document, shall

12 be filed. Any application that seeks to file documents under seal in their entirety

13 should include an explanation of why redaction is not feasible.

14 4. DEFINITIONS

15 4.1 Action: this pending federal lawsuit in the United States District Court

16 for the Central District of California titled Carrie Pi v. Bank of America, N.A., Case

17 No. 8:21-cv-00363-CJC-JDE.

18 4.2 Challenging Party: a Party or Non-Party that challenges the designation

19 of information or items under this Order.

20 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

23 Cause Statement.

24 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as their

25 support staff).

26 4.5 Designating Party: a Party or Non-Party that designates information or

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

28 “CONFIDENTIAL.”

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STIPULATED PROTECTIVE ORDER

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1 4.6 Disclosure or Discovery Material: all items or information, regardless of

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

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

4 generated in disclosures or responses to discovery.

5 4.7 Expert: a person with specialized knowledge or experience in a matter

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

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

8 4.8 House Counsel: attorneys who are employees of a party to this Action.

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

10 counsel.

11 4.9 Non-Party: any natural person, partnership, corporation, association or

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

13 4.10 Outside Counsel of Record: attorneys who are not employees of a party

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

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

16 on behalf of that party, and includes support staff.

17 4.11 Party: any party to this Action, including all of its officers, directors,

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

19 support staffs).

20 4.12 Producing Party: a Party or Non-Party that produces Disclosure or

21 Discovery Material in this Action.

22 4.13 Professional Vendors: persons or entities that provide litigation support

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

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

25 and their employees and subcontractors.

26 4.14 Protected Material: any Disclosure or Discovery Material that is

27 designated as “CONFIDENTIAL.”

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STIPULATED PROTECTIVE ORDER

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1 4.15 Receiving Party: a Party or Non-Party that receives Disclosure or

2 Discovery Material from a Producing Party.

3 5. SCOPE

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

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

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

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

8 or their Counsel that might reveal Protected Material.

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

10 trial judge and other applicable authorities. This Order does not govern the use of

11 Protected Material at trial.

12 6. DURATION

13 Once a case proceeds to trial, information that was designated as

14 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

15 as an exhibit at trial becomes public and will be presumptively available to all

16 members of the public, including the press, unless compelling reasons supported by

17 specific factual findings to proceed otherwise are made to the trial judge in advance

18 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

19 showing for sealing documents produced in discovery from “compelling reasons”

20 standard when merits-related documents are part of court record). Accordingly, the

21 terms of this protective order do not extend beyond the commencement of the trial.

22 7. DESIGNATING PROTECTED MATERIAL

23 7.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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STIPULATED PROTECTIVE ORDER

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

2 this Order.

3 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

7 to sanctions.

8 If it comes to a Designating Party’s attention that information or items that it

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

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

11 7.2 Manner and Timing of Designations. Except as otherwise provided in

12 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material

13 that qualifies for protection under this Order must be clearly so designated before the

14 material is disclosed or produced.

15 Designation in conformity with this Order requires:

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

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

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

19 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

20 contains protected material. If only a portion of the material on a page qualifies for

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

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

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

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

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

26 the designation, all of the material made available for inspection shall be deemed

27 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants

28 copied and produced, the Producing Party must determine which documents, or

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STIPULATED PROTECTIVE ORDER

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1 portions thereof, qualify for protection under this Order. Then, before producing the

2 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”

3 to each page that contains Protected Material. If only a portion of the material on a

4 page qualifies for protection, the Producing Party also must clearly identify the

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

6 (b) for testimony given in depositions that the Designating Party

7 identifies the Disclosure or Discovery Material on the record, before the close of the

8 deposition all protected testimony.

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

10 for any other tangible items, that the Producing Party affix in a prominent place on

11 the exterior of the container or containers in which the information is stored the legend

12 “CONFIDENTIAL.” If only a portion or portions of the information warrants

13 protection, the Producing Party, to the extent practicable, shall identify the protected

14 portion(s).

15 A Receiving Party who seeks to file with the Court any Discovery Material that

16 has previously been designated as comprising or containing Confidential Information,

17 and any pleading, brief or memorandum which contains Confidential Information,

18 shall do so in one of the following three ways:

19 (i) the Receiving Party shall make a good faith effort to provide the

20 Producing Party with reasonable notice under the circumstances (where possible, the

21 notice shall be given at least seven days in advance, and in writing), of its intent to

22 file such material with the Court. The Producing Party must then provide a prompt

23 response and either consent to filing the information without filing it under seal, or

24 must file a motion to seal the Confidential Information. If the Producing Party files a

25 motion to seal the information, the Confidential Information shall not be filed until

26 the Court renders a decision on the motion to seal; or

27 (ii) Alternatively, the Receiving Party may itself file a Motion to seal

28 such Confidential Information. If the Receiving Party files a Motion to Seal the

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STIPULATED PROTECTIVE ORDER

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1 Confidential Information, the Confidential Information shall not be filed until the

2 Court renders a decision on the motion to seal; or

3 (iii) The Receiving Party shall seek consent from the Producing Party to

4 declassify Discovery Material on the terms set forth in paragraph 8 above (in order to

5 permit its inclusion in any pleading, brief or memorandum).

6 All pleadings, briefs or memoranda which reproduces, paraphrases or discloses

7 any documents which have previously been designated by a Party as comprising or

8 containing Confidential Information, shall identify such documents by the production

9 number ascribed to them at the time of production.

10 In the event a motion to seal is denied, the Receiving Party shall take reasonable

11 steps to minimize the disclosure of Confidential Information. The Receiving Party

12 shall only disclose or file Confidential Information to the extent necessary and to the

13 extent Discovery Materials contain Confidential Information not necessary for the

14 purpose to which the Discovery Materials or brief have been filed, the Receiving Party

15 shall redact such Confidential Information before filing.

16 Nothing herein shall prevent the Parties from providing courtesy copies of

17 pleadings, briefs or memoranda to the Court. Such courtesy copies shall note in the

18 caption that they contain or disclose information that has been designated as

19 Confidential Information under this Stipulation and Order.

20 7.3 Highly Confidential Information. A Producing Party may also designate

21 Discovery Material as “Highly Confidential Information.” This designation shall

22 signify that (i) at the time of the designation the Discovery Material contains or

23 constitutes trade secrets or confidential business or financial information, (ii) there is

24 a substantial and imminent risk that absent such designation, its receipt by the

25 Receiving Party could cause competitive and/or economic harm to the Producing

26 Party, and (iii) such Discovery Material would not otherwise be adequately protected

27 under the procedures set forth herein for “Confidential Information.” The provisions

28 of this Stipulation and Order, including all usage, dissemination, and disclosure

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STIPULATED PROTECTIVE ORDER

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1 limitations, shall be applicable to “Highly Confidential Information” in the same

2 manner as “Confidential Information,” except that notwithstanding any other

3 provision of this Stipulation and Order, no disclosure of Highly Confidential

4 Information may be made to any persons other than (1) a Party’s in-house and external

5 counsel and the paralegals and support personnel working for such counsel and (2)

6 the Court and Court personnel, if filed in accordance with paragraph 7.2 hereof.

7 Disclosure to in-house counsel shall be limited to in-house counsel providing legal

8 advice in connection with this Litigation, and Highly Confidential Information may

9 not be disclosed to any other officers, directors, employees, or agents of a Party,

10 including other in-house counsel. Nothing in this Paragraph shall preclude counsel

11 from giving advice to his or her client in this Litigation that includes a general

12 evaluation of Highly Confidential Information, provided that counsel shall not

13 disclose the contents of any Highly Confidential Information contrary to the terms of

14 this Stipulation and Order.

15 7.4 Depositions. All depositions and transcripts of any testimony given at a

16 deposition shall presumptively be treated as Confidential Information and subject to

17 this Stipulation and Order during the deposition and for a period of thirty (30) days

18 after a transcript of said deposition is received by counsel for each of the parties. At

19 or before the end of such thirty-day period, the deposition, or pages thereof, may be

20 designated as Confidential Information by any Party. If any deposition or pretrial

21 testimony is designated as Confidential Information, the Producing Party shall direct

22 the court reporter to affix an appropriate confidentiality legend to the deposition

23 transcript’s first page and all portions of the transcript containing Confidential

24 Information. Any Party may challenge the designation by following the procedure

25 set forth in Paragraph 8.

26 7.5 Discovery. A Party may designate as Confidential Information subject

27 to this Stipulation and Order any Discovery Material produced or given by any non-

28 party to this Litigation, or any portion thereof that qualifies as Confidential pursuant

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STIPULATED PROTECTIVE ORDER

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1 to paragraph 4.3. In the case of such Discovery Material, the designation shall be

2 made by stamping the documents CONFIDENTIAL in the lower left portion of each

3 page of the designated document, or where documents are provided in native format,

4 by designating them as CONFIDENTIAL in a field or on the face of the media on

5 which the data is delivered. In the case of testimony, designation shall be made by

6 notifying all counsel in writing of those portions which are to be stamped or otherwise

7 treated as Confidential Information at any time up to thirty (30) days after the

8 transcript is received by the counsel designating the testimony as Confidential

9 Information. Prior to the expiration of such thirty (30) day period (or until a

10 designation is made by counsel, if such a designation is made in a shorter period of

11 time), all such documents shall be treated as Confidential Information. Any Party

12 may challenge the designation by following the procedure set forth in Paragraph 8.

13 7.6 Inadvertent Failures to Designate. If timely corrected, an inadvertent

14 failure to designate qualified information or items does not, standing alone, waive the

15 Designating Party’s right to secure protection under this Order for such material.

16 Upon timely correction of a designation, the Receiving Party must make reasonable

17 efforts to assure that the material is treated in accordance with the provisions of this

18 Order.

19 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

20 8.1. Timing of Challenges. Any Party or Non-Party may challenge a

21 designation of confidentiality at any time that is consistent with the Court’s

22 Scheduling Order.

23 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

24 resolution process under Local Rule 37-1 et seq.

25 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

26 joint stipulation pursuant to Local Rule 37-2.

27 8.4 The burden of persuasion in any such challenge proceeding shall be on

28 the Designating Party. Frivolous challenges, and those made for an improper purpose

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STIPULATED PROTECTIVE ORDER

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1 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may

2 expose the Challenging Party to sanctions. Unless the Designating Party has waived

3 or withdrawn the confidentiality designation, all parties shall continue to afford the

4 material in question the level of protection to which it is entitled under the Producing

5 Party’s designation until the Court rules on the challenge.

6 9. ACCESS TO AND USE OF PROTECTED MATERIAL

7 9.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

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

12 Party must comply with the provisions of section 15 below (FINAL DISPOSITION).

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

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

15 authorized under this Order.

16 Any person receiving Confidential Information shall not reveal or discuss such

17 information to or with any person except as expressly permitted by the terms of this

18 Stipulation and Order.

19 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

20 otherwise ordered by the court or permitted in writing by the Designating Party, a

21 Receiving Party may disclose any information or item designated

22 “CONFIDENTIAL” only to:

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

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

25 necessary to disclose the information for this Action;

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

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

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

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STIPULATED PROTECTIVE ORDER

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

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

3 (d) the court and its personnel;

4 (e) court reporters and their staff;

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

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

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

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

9 custodian or other person who otherwise possessed or knew the information;

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

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

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

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

14 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

15 agreed by the Designating Party or ordered by the court. Pages of transcribed

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

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

18 permitted under this Stipulated Protective Order; and

19 (i) any mediators or settlement officers and their supporting personnel,

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

21 (j) any other person agreed to by the Parties.

22 9.3 Use in Court. In the event that a Party seeks to use Confidential

23 Information during any hearing or trial before the Court, including through argument

24 or the presentation of evidence, such information shall not lose its status as

25 Confidential Information through such use. Counsel shall confer on such procedures

26 that are necessary to protect the confidentiality of any documents, information, and

27 transcripts used in the course of any court proceedings. The Receiving Party may use

28 such Confidential Information only after taking such steps as agreed to by the Parties

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STIPULATED PROTECTIVE ORDER

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1 or as the Court, upon motion of the Producing Party, shall deem necessary to preserve

2 the confidentiality of such Confidential Information.

3 This Stipulation and Order shall not preclude counsel for the Parties from using

4 Confidential Information during any deposition in this Litigation, provided that any

5 court reporter and deposition witness who is given access to Confidential Information

6 shall, prior thereto, be provided with a copy of this Stipulation and Order and shall

7 execute the Confidentiality Undertaking annexed hereto. Counsel for the Party

8 obtaining the Confidentiality Undertaking shall supply a copy to counsel for all the

9 other parties.

10 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

11 IN OTHER LITIGATION

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

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

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“CONFIDENTIAL,” that Party must:

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

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shall include a copy of the subpoena or court order;

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

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

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

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this Stipulated Protective Order; and

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

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pursued by the Designating Party whose Protected Material may be affected. If the

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

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or court order shall not produce any information designated in this action as

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“CONFIDENTIAL” before a determination by the court from which the subpoena or

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order issued, unless the Party has obtained the Designating Party’s permission. The

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

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STIPULATED PROTECTIVE ORDER

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

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

3 directive from another court.

4 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

5 PRODUCED IN THIS LITIGATION

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

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Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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

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produce a Non-Party’s confidential information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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

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

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agreement with a Non-Party;

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

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

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specific description of the information requested; and

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(3) make the information requested available for inspection by the

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Non-Party, if requested.

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

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14 days of receiving the notice and accompanying information, the Receiving Party

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may produce the Non-Party’s confidential information responsive to the discovery

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request. If the Non-Party timely seeks a protective order, the Receiving Party shall

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not produce any information in its possession or control that is subject to the

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STIPULATED PROTECTIVE ORDER

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1 confidentiality agreement with the Non-Party before a determination by the court.

2 Absent a court order to the contrary, the Non-Party shall bear the burden and expense

3 of seeking protection in this court of its Protected Material.

4 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

11 and (d) request such person or persons to execute the “Acknowledgment an

12 Agreement to Be Bound” attached hereto as Exhibit A.

13 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

14 PROTECTED MATERIAL

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

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

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

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

19 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

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

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

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

24 to the court.

25 If a Receiving Party receives Discovery Material that, on its face, appears to be

26 a Privileged Document, and does not know to have been intentionally produced or

27 made available, the Receiving Party must refrain from examining the materials any

28 more than is essential to ascertain if the materials are privileged. The Receiving Party

16

STIPULATED PROTECTIVE ORDER

Case 8:21-cv-00363-CJC-JDE Document 28 Filed 01/13/22 Page 17 of 20 Page ID #:141

1 shall immediately notify the Producing Party in writing that the Receiving Party

2 possesses material that appears to be privileged or otherwise protected from

3 disclosure. In the event alleged Privileged Documents were unintentionally disclosed,

4 the Producing Party may provide notice to the other parties advising of the disclosure

5 and requesting return or destruction of the Privileged Documents pursuant to this

6 paragraph. The party returning the Identified Materials may move the Court for an

7 order compelling production of some or all of the material returned or destroyed, but

8 the basis for such a motion may not be the fact or circumstances of the production.

9 This stipulated agreement set forth in this paragraph does not constitute a concession

10 by any party that any documents are subject to protection by the attorney-client

11 privilege, the work product doctrine or any other potentially applicable privilege or

12 doctrine. This agreement also is not intended to waive or limit in any way either

13 party’s right to contest any privilege claims that may be asserted with respect to any

14 of the documents produced except to the extent stated in the agreement.

15 14. MISCELLANEOUS

16 14.1 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 14.2 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 14.3 Filing Protected Material. A Party that seeks to file under seal any

24 Protected Material must comply with Local Civil 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. If a Party’s request to file Protected Material under seal is denied

27 by the court, then the Receiving Party may file the information in the public record

28 unless otherwise instructed by the court.

17

STIPULATED PROTECTIVE ORDER

Case 8:21-cv-00363-CJC-JDE Document 28 Filed 01/13/22 Page 18 of 20 Page ID #:142

1 14.4 Breach. The Parties agree that they would not have an adequate remedy

2 at law in the event that a court of competent jurisdiction determines that there is an

3 actual or threatened breach of this Stipulation and Order by either Party and agrees

4 that under such circumstances the Parties may be entitled to specific performance,

5 and/or injunctive relief, in addition to any remedy to which they may be entitled at

6 law or in equity. The Court is not bound by the foregoing agreement.

7 14.5 Use of Own Confidential Information. This Stipulation and Order has

8 no effect upon, and shall not apply to, the Parties’ use of their own Confidential

9 Information for any purpose. Nothing herein shall impose any restrictions on the use

10 or disclosure by a Party of documents, materials or information designated as

11 Confidential Information that has been obtained lawfully by such Party independently

12 of the proceedings in this Litigation.

13 14.6 New Parties. In the event that additional parties join or are joined in this

14 Litigation, they shall not have access to Confidential Information until the newly

15 joined party, by its counsel, has executed and filed with the Court its agreement to be

16 fully bound by this Stipulation and order.

17 14.7 No Waiver or Admission. Nothing herein shall be deemed to waive any

18 privilege recognized by law, or shall be deemed an admission as to the admissibility

19 in evidence of any facts or documents revealed in the course of disclosure.

20 14.8 Delivery of Confidential Information. When any receiving party ships

21 any Discovery Material marked Confidential to others designated in this Order as

22 authorized to receive Discovery Material, the Receiving Party will encrypt any

23 electronic data (if the Discovery Material is in that format) and supply the password

24 in separate correspondence to the recipient. If the Discovery Material is in hard

25 copy/paper form, the Receiving Party will ship the Discovery Material using secure

26 packaging tape via Federal Express or UPS and retain a tracking number for the

27 materials. If the Receiving party learns at any time that Discovery Material may have

28 been retrieved or viewed by unauthorized parties during shipment, it will immediately

18

STIPULATED PROTECTIVE ORDER

Case □□□□□□□□□□□□□□□□□□□□□ Document 28 Filed 01/13/22 Page of20 Page ID#:143

1 || notify the Producing Party and take all reasonable measures to retrieve the improperly

2 || disclosed Discovery Material.

3}/15. FINAL DISPOSITION

4 After the final disposition of this Action, as defined in paragraph 6, within 60

5 || days of a written request by the Designating Party, each Receiving Party must retu

6 || all Protected Material to the Producing Party or destroy such material. As used in this

7 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

8||/summaries, and any other format reproducing or capturing any of the Protecte

9 || Material. Whether the Protected Material is returned or destroyed, the Receiving Part

10 |) must submit a written certification to the Producing Party (and, if not the same perso

11 |/or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by

12 || category, where appropriate) all the Protected Material that was returned or destroye

13 |)and (2) affirms that the Receiving Party has not retained any copies, abstracts,

14 || compilations, summaries or any other format reproducing or capturing any of the

15 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain a

16 |/archival copy of all pleadings, motion papers, trial, deposition, and hearing

17 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expe

18 || reports, attorney work product, and consultant and expert work product, even if suc

19|)materials contain Protected Material. Any such archival copies that contain o

20 || constitute Protected Material remain subject to this Protective Order as set forth in

21 || Section 6 (DURATION).

221116. VIOLATION

23 Any violation of this Order may be punished by appropriate measures

24 || including, without limitation, contempt proceedings and/or monetary sanctions.

25 IT IS SO ORDERED.

□□□ DATED: January 13, 2022 hi. a6

27 D. EARLY

3g United States Magistrate Judge

19

STIPULATED PROTECTIVE ORDER

Case 8:21-cv-00363-CJC-JDE Document 28 Filed 01/13/22 Page 20 of 20 Page ID #:144

1 EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, ______________________ [print or type full name], of

5 _______________________ [print or type full address], declare under penalty of

6 perjury that I have read in its entirety and understand the Stipulated Protective Order

7 that was issued by the United States District Court for the Central District of

8 California on January 13, 2022, in the case of Carrie Pi v. Bank of America, N.A.,

9 Case No. 8:21-cv-00363-CJC-JDE. I agree to comply with and to be bound by all the

10 terms of this Stipulated Protective Order and I understand and acknowledge that

11 failure to so comply could expose me to sanctions and punishment in the nature of

12 contempt. I solemnly promise that I will not disclose in any manner any information

13 or item that is subject to this Stipulated Protective Order to any person or entity except

14 in strict 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 ___________________________ [print

19 or type full name] of _________________ [print or type full address and telephone

20 number] as my California agent for service of process in connection with this action

21 or any proceedings related to enforcement of this Stipulated Protective Order.

22

23

Date: ______________________________________

24

City and State where sworn and signed: _________________________________

25

Printed name: _______________________________

26

Signature: __________________________________

27

28

20

STIPULATED PROTECTIVE ORDER