Opinion

Consumer Financial Protection Bureau v. Daniel A. Rosen, Inc.

Court: District Court, C.D. California
Filed: May 31, 2022
Cited by: 0 cases
Authority: More cited than 16.3%

even 21 stipulated protective orders require good cause showing

How later courts described this case

even 21 stipulated protective orders require good cause showing

Written by the judges who cited it.

The opinion

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 1 of 17 Page ID #:389

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 Consumer Financial Protection Bureau, ) Case No. 2:21-cv-07492-VAP-JDE

)

11 )

Plaintiff, ) STIPULATION AND PROPOSED

12 ) PROTECTIVE ORDER

)

13 v. )

)

14 )

Daniel A. Rosen, Inc. d/b/a Credit )

15 Repair Cloud & Daniel Rosen, )

)

16 )

Defendants. )

1. PURPOSES AND LIMITATIONS

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

proprietary or private information for which special protection from public

disclosure and from use for any purpose other than pursuing this litigation may be

warranted. Accordingly, the parties hereby stipulate to and petition the Court to

enter the following Stipulated Protective Order. The parties acknowledge that this

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

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

only to the limited information or items that are entitled to confidential treatment

under the applicable legal principles. The parties acknowledge the statutory

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 2 of 17 Page ID #:390

1 obligations and regulatory permission of the Plaintiff, the Consumer Financial

2 Protection Bureau (“Bureau”) to share confidential information under this Order

3 with other federal and state agencies.

4 2. GOOD CAUSE STATEMENT

5 This action is likely to involve the exchange of non-publicly-available

6 documents and other information of a sensitive and confidential or proprietary

nature including consumer report information, consumer contracts, and business

software that may contain confidential and personally identifiable information1

(“PII”), including personal telephone numbers, personal addresses, and personal

email addresses, and credit score or credit report information. Special protection

from public disclosure is warranted for these documents and other information.

Such sensitive and confidential and proprietary documents and other

information consist of, among other things, confidential business or financial

information, information regarding consumers (including information implicating

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

public, or information that may be privileged or otherwise protected from

disclosure under state or federal statutes, court rules, case decisions, or common

law. Accordingly, to expedite the flow of information, facilitate the prompt

resolution of disputes over confidentiality of discovery materials, protect

1 Office of Management and Budget (OMB) Memorandum M-17-12, Preparing for and

Responding to a Breach of Personally Identifiable Information, January 3, 2017(OMB M-17-12),

23 defines PII as “information that can be used to distinguish or trace an individual’s identity, either

alone or when combined with other information that is linked or linkable to a specific individual.

24 Because there are many different types of information that can be used to distinguish or trace an

individual’s identity, the term PII is necessarily broad. To determine whether information is PII,

the [entity or individual] . . . shall perform an assessment of the specific risk that an individual

26 can be identified using the information with other information that is linked or linkable to the

individual. In performing this assessment, it is important to recognize that information that is not

27 PII can become PII whenever additional information becomes available—in any medium or from

any source—that would make it possible to identify an individual.”

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 3 of 17 Page ID #:391

1 information the Parties are entitled to keep confidential, ensure that the Parties are

2 permitted reasonable necessary uses of such material in preparation for and in the

3 conduct of trial, address their handling at the end of the litigation, and serve the

4 ends of justice, a protective order for such information is justified in this matter. It

5 is the intent of the Parties that a confidential designation will not be made for

6 tactical reasons and that nothing will be so designated without a good faith belief

that it has been maintained in a confidential, non-public manner, and that there is

good cause why it should not be part of the public record of this case.

3. ACKNOWLEDGMENT OF UNDER SEAL FILING

PROCEDURE

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

Stipulated Protective Order does not entitle them to file confidential information

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

and the standards that will be applied when a party seeks permission from the court

to file material under seal. There is a strong presumption that the public has a right

of access to judicial proceedings and records in civil cases. In connection with non-

dispositive motions, good cause must be shown to support a filing under seal. See

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

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

Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

stipulated protective orders require good cause showing), and a specific showing of

23 good cause or compelling reasons with proper evidentiary support and legal

24 justification, must be made with respect to Protected Material that a party seeks to

25 file under seal. The parties’ mere designation of Disclosure or Discovery Material

26 as CONFIDENTIAL does not— without the submission of competent evidence by

27 declaration, establishing that the material sought to be filed under seal qualifies as

28 confidential, privileged, or otherwise protectable—constitute good cause.

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 4 of 17 Page ID #:392

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

2 then compelling reasons, not only good cause, for the sealing must be shown, and

3 the relief sought shall be narrowly tailored to serve the specific interest to be

4 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.

5 2010). For each item or type of information, document, or thing sought to be filed

6 or introduced under seal, the party seeking protection must articulate compelling

reasons, supported by specific facts and legal justification, for the requested sealing

order. Again, competent evidence supporting the application to file documents

under seal must be provided by declaration.

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

in its entirety will not be filed under seal if the confidential portions can be

redacted. If documents can be redacted, then a redacted version for public viewing,

omitting only the confidential, privileged, or otherwise protectable portions of the

document, shall be filed. Any application that seeks to file documents under seal in

their entirety should include an explanation of why redaction is not feasible.

4. DEFINITIONS

4.1 Action: This case, Consumer Financial Protection Bureau v. Daniel

A. Rosen, Inc. d/b/a Credit Repair Cloud, et al., No. 2:21-cv-07492-VAP-JDE,

pending in the United States District Court for the Central District of California.

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

designation of information or items under this Order.

23 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

25 protection under Federal Rule of Civil Procedure 26(c), and as specified above in

26 the Good Cause Statement.

27 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as

28 their support staff).

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 5 of 17 Page ID #:393

1 4.5 Designating Party: a Party or Non-Party that designates information or

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

3 “CONFIDENTIAL.”

4 4.6 Disclosure or Discovery Material: all items or information, regardless

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

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

or generated in disclosures or responses to discovery.

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

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

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

4.8 Final Disposition: the later of (1) dismissal of all claims and defenses

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

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

this action, including the time limits for filing any motions or applications for

extension of time pursuant to applicable law.

4.9 House Counsel: attorneys who are employees of a party to this

Action. House Counsel does not include Outside Counsel of Record or any other

outside counsel.

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

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

4.11 Outside Counsel of Record: attorneys who are not employees of a

23 party to this Action but are retained to represent a party to this Action and have

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

25 has appeared on behalf of that party, and includes support staff.

26 4.12 Party: any party to this Action, including all of its officers, directors,

27 employees, consultants, contractors, retained experts, and Outside Counsel of

28 Record (and their support staffs).

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1 4.13 Producing Party: a Party or Non-Party that produces Disclosure or

2 Discovery Material in this Action.

3 4.14 Professional Vendors: persons or entities that provide litigation

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

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

6 and their employees and subcontractors.

4.15 Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”

4.16 Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.

5. SCOPE

The protections conferred by this Stipulation and Order cover not only

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

extracted from Protected Material; (2) all copies, excerpts, summaries, or

compilations of Protected Material; and (3) any testimony, conversations, or

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

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

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

Protected Material at trial.

6. DURATION

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

23 CONFIDENTIAL or maintained pursuant to this protective order used or

24 introduced as an exhibit at trial becomes public and will be presumptively

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

26 reasons supported by specific factual findings to proceed otherwise are made to the

27 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81

28 (distinguishing “good cause” showing for sealing documents produced in

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1 discovery from “compelling reasons” standard when merits-related documents are

2 part of court record). However the confidentiality obligations imposed by this

3 Order shall remain in effect for the information that was designated as

4 CONFIDENTIAL or maintained pursuant to this protective order and was not used

5 or introduced as an exhibit at trial, until a Designating Party agrees otherwise in

6 writing or a court order otherwise directs.

7. DESIGNATING PROTECTED MATERIAL

7.1 Exercise of Restraint and Care in Designating Material for

Protection. Each Party or Non-Party that designates information or

items for protection under this Order must take care to limit any such designation

to specific material that qualifies under the appropriate standards. The Designating

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

or oral or written communications that qualify so that other portions of the

material, documents, items or communications for which protection is not

warranted are not swept unjustifiably within the ambit of this Order.

Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

impose unnecessary expenses and burdens on other parties) may expose the

Designating Party to sanctions.

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

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

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

25 7.2 Manner and Timing of Designations. Except as otherwise provided in

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

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

28 the material is disclosed or produced.

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 8 of 17 Page ID #:396

1 Designation in conformity with this Order requires:

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

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

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

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

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

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

(e.g., by making appropriate markings in the margins). For information in non-

static documentary form (e.g., spreadsheets) for which the application of the

CONFIDENTIAL legend is impracticable, a slip or cover sheet with the

CONFIDENTIAL legend shall be provided. If only a portion or portions of the

material in such a document qualify for protection, the slip or cover sheet shall

clearly identify the protected portion(s) (e.g., by specifying the row and column

numbers in a spreadsheet).

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

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

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

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

deemed “CONFIDENTIAL.” After the inspecting Party has identified the

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

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

23 Then, before producing the specified documents, the Producing Party must affix

24 the “CONFIDENTIAL legend” to each page that contains Protected Material. If

25 only a portion of the material on a page qualifies for protection, the Producing

26 Party also must clearly identify the protected portion(s) (e.g., by making

27 appropriate markings in the margins).

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

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 9 of 17 Page ID #:397

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

2 the deposition all protected testimony.

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

4 and for any other tangible items, that the Producing Party affix in a prominent

5 place on the exterior of the container or containers in which the information is

6 stored the legend “CONFIDENTIAL.” If only a portion or portions of the

information warrants protection, the Producing Party, to the extent practicable,

shall identify the protected portion(s).

7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

the Designating Party’s right to secure protection under this Order for such

material. Upon timely correction of a designation, the Receiving Party must make

reasonable efforts to assure that the material is treated in accordance with the

provisions of this Order.

8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

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

Scheduling Order.

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

resolution process under Local Rule 37-1 et seq.

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

23 joint stipulation pursuant to Local Rule 37-2.

24 8.4 The burden of persuasion in any such challenge proceeding shall be

25 on the Designating Party. Frivolous challenges, and those made for an improper

26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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

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

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 10 of 17 Page ID #:398

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

2 entitled under the Producing Party’s designation until the Court rules on the

3 challenge.

9. ACCESS TO AND USE OF PROTECTED MATERIAL

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

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

Action only for prosecuting, defending or attempting to settle this Action unless

another use is authorized by this Order or required by federal statute or permitted

by regulation applicable to the Bureau. Such Protected Material may be disclosed

only to the categories of persons and under the conditions described in this Order

12 and as required by federal statute or permitted by regulation applicable to the

13 Bureau. When the Action has been terminated, a Receiving Party must comply

14 with the provisions of section 15 below (FINAL DISPOSITION).

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

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

17 authorized under this Order.

18 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

20 Receiving Party may disclose any information or item designated

21 “CONFIDENTIAL” only to:

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

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

necessary to disclose the information for this Action;

(b) the officers, directors, employees and contractors (including House

Counsel) of the Receiving Party to whom disclosure is reasonably necessary for

this Action;

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

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

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

4 (d) the court and its personnel;

5 (e) court reporters and their staff;

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

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

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

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

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

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

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

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

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

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

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

deposition testimony or exhibits to depositions that reveal Protected Material may

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

except as permitted under this Stipulated Protective Order; and

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

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

23 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

25 If a Party is served with a subpoena or a court order or other legal process,

26 including discovery requests, issued in other litigation that compels disclosure of

27 any information or items designated in this Action as “CONFIDENTIAL,” that

28 Party must:

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 12 of 17 Page ID #:400

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

2 shall include a copy of the subpoena or court order;

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

4 order or other legal process to issue in the other litigation that some or all of the

5 material covered by the subpoena or order or other legal process is subject to this

6 Protective Order. Such notification shall include a copy of this Stipulated

Protective Order; and

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

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

subpoena or court order or other legal process shall not produce any information

designated in this action as “CONFIDENTIAL” before a determination by the

court from which the subpoena or order issued, unless the Party has obtained the

Designating Party’s permission. The Designating Party shall bear the burden and

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

in these provisions should be construed as authorizing or encouraging a Receiving

Party in this Action to disobey a lawful directive from another court.

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

BE PRODUCED IN THIS LITIGATION

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

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

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

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

should be construed as prohibiting a Non-Party from seeking additional

protections.

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 13 of 17 Page ID #:401

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

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

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

4 confidential information, then the Party shall:

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

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

agreement with a Non-Party;

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

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

specific description of the information requested; and

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

Non-Party, if requested.

within 14 days of receiving the notice and accompanying information, the

Receiving Party may produce the Non-Party’s confidential information responsive

to the discovery request. If the Non-Party timely seeks a protective order, the

Receiving Party shall not produce any information in its possession or control that

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

determination by the court. Absent a court order to the contrary, the Non-Party

shall bear the burden and expense of seeking protection in this court of its

Protected Material.

23 12. UNAUTHORIZED DISCLOSURE OF PROTECTED

MATERIAL

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

26 disclosed Protected Material to any person or in any circumstance not authorized

27 under this Stipulated Protective Order, the Receiving Party must immediately (a)

28 notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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1 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

2 the person or persons to whom unauthorized disclosures were made of all the terms

3 of this Order, and (d) request such person or persons to execute the

4 “Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A.

5 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

6 OTHERWISE PROTECTED MATERIAL

When a Producing Party gives notice to Receiving Parties that certain

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

protection, the obligations of the Receiving Parties are those set forth in Federal

Rule of Civil Procedure 26(b)(5)(B). The production of privileged or work product

protected documents, whether inadvertent or otherwise, is not a waiver of the

privilege or protection from discovery in this case or in any other federal or state

proceeding. This Order shall be interpreted to provide the maximum protection

allowed by Federal Rule of Evidence 502(d).

Nothing contained herein is intended to or shall serve to limit a party’s right

to conduct a review of documents (including metadata) for relevance,

responsiveness and/or segregation of privileged and/or protected information

before production.

14. MISCELLANEOUS

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

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

23 14.2 Right to Assert Other Objections. By stipulating to the entry of this

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

25 disclosing or producing any information or item on any ground not addressed in

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

27 any ground to use in evidence of any of the material covered by this Protective

28 Order.

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1 14.3 Filing Protected Material. A Party that seeks to file under seal any

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

3 may only be filed under seal pursuant to a court order authorizing the sealing of the

4 specific Protected Material. If a Party’s request to file Protected Material under

5 seal is denied by the court, then the Receiving Party may file the information in the

6 public record unless otherwise instructed by the court.

15. FINAL DISPOSITION

The confidentiality obligations imposed by this Order shall remain in effect

until a Designating Party agrees otherwise in writing or a court order otherwise

directs.

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

60 days of a written request by the Designating Party, each Receiving Party must

return all Protected Material to the Producing Party or destroy such material, or

retain such material as required by federal recordkeeping requirements in a manner

that ensures the confidentiality of the material. As used in this subdivision, “all

Protected Material” includes all copies, abstracts, compilations, summaries, and

any other format reproducing or capturing any of the Protected Material except as

required to comply with federal recordkeeping requirements. Whether the

Protected Material is returned or destroyed, or retained pursuant to federal

recordkeeping requirements, the Receiving Party must submit a written

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

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

24 appropriate) all the Protected Material that was returned, destroyed, or retained

25 pursuant to federal recordkeeping requirements, and (2) affirms that the Receiving

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

27 format reproducing or capturing any of the Protected Material except as required

28 pursuant to federal recordkeeping requirements. Notwithstanding this provision,

Cisse 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 16o0f17 Page ID #:404

1 □□ Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial,

2 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition

3 |/ and trial exhibits, expert reports, attorney work product, and consultant and expert

4 || work product, even if such materials contain Protected Material. Any such archival

□ copies that contain or constitute Protected Material remain subject to this

16. VIOLATION

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

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

10 17. JURISDICTION

0 The Court shall retain jurisdiction after the resolution of this action to

enforce or modify the terms of this order.

15 Pursuant to the Parties’ Stipulation, and for good cause shown,

16 IT IS SO ORDERED.

18 ||} DATED: May 31, 2022

20 / de a □

21 J D. EARLY

> ited States Magistrate Judge

Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 17 of 17 Page ID #:405

EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, __________________________ [print or type full name], of

5 ____________________ [print or type full address], declare that I have read in its

6 entirety and understand the Protective Order that was issued by the United States

7 District Court for the Central District of California on May 31, 2022, the case of

8 Consumer Financial Protection Bureau v. Daniel A. Rosen, Inc. d/b/a Credit Repair

9 Cloud, et al., Case No. 2:21-cv-07492-VAP-JDE. I agree to comply with and to be

10 bound by all the terms of this Protective Order, and I understand and acknowledge

11 that failure to so comply could expose me to sanctions and punishment for

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

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

14 compliance with this Order.

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

16 Court for the Central District of California for the purpose of enforcing this Order,

17 even if such enforcement proceedings occur after termination of this action.

I hereby appoint ________ [print or type full name] of

___________________ [print or type full address and telephone number] as my

California agent for service of process in connection with this action or any

proceedings related to enforcement of this Order.

Date: _______

City and State where sworn and signed:

Printed name: ___________________

Signature:

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.