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

> District Court, C.D. California · May 31, 2022

URL: https://www.frixlaw.com/law-library/cases/9980104

## Case

- **Court:** District Court, C.D. California
- **Decided:** May 31, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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

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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. )
17

18
1. PURPOSES AND LIMITATIONS
19
Discovery in this action is likely to involve production of confidential,
20
proprietary or private information for which special protection from public
21
disclosure and from use for any purpose other than pursuing this litigation may be
22
warranted. Accordingly, the parties hereby stipulate to and petition the Court to
23
enter the following Stipulated Protective Order. The parties acknowledge that this
24
Order does not confer blanket protections on all disclosures or responses to
25
discovery and that the protection it affords from public disclosure and use extends
26
only to the limited information or items that are entitled to confidential treatment
27
under the applicable legal principles. The parties acknowledge the statutory
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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
7
nature including consumer report information, consumer contracts, and business
8
software that may contain confidential and personally identifiable information1
9
(“PII”), including personal telephone numbers, personal addresses, and personal
10
email addresses, and credit score or credit report information. Special protection
11
from public disclosure is warranted for these documents and other information.
12
Such sensitive and confidential and proprietary documents and other
13
information consist of, among other things, confidential business or financial
14
information, information regarding consumers (including information implicating
15
privacy rights of third parties), information otherwise generally unavailable to the
16
public, or information that may be privileged or otherwise protected from
17
disclosure under state or federal statutes, court rules, case decisions, or common
18
law. Accordingly, to expedite the flow of information, facilitate the prompt
19
resolution of disputes over confidentiality of discovery materials, protect
20
21

22
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,
25
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.”
28
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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
7
that it has been maintained in a confidential, non-public manner, and that there is
8
good cause why it should not be part of the public record of this case.
9
3. ACKNOWLEDGMENT OF UNDER SEAL FILING
10
PROCEDURE
11
The parties further acknowledge, as set forth in Section 14.3, below, that this
12
Stipulated Protective Order does not entitle them to file confidential information
13
under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
14
and the standards that will be applied when a party seeks permission from the court
15
to file material under seal. There is a strong presumption that the public has a right
16
of access to judicial proceedings and records in civil cases. In connection with non-
17
dispositive motions, good cause must be shown to support a filing under seal. See
18
Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
19
Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
20
Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
21
stipulated protective orders require good cause showing), and a specific showing of
22
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.
3
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
7
reasons, supported by specific facts and legal justification, for the requested sealing
8
order. Again, competent evidence supporting the application to file documents
9
under seal must be provided by declaration.
10
Any document that is not confidential, privileged, or otherwise protectable
11
in its entirety will not be filed under seal if the confidential portions can be
12
redacted. If documents can be redacted, then a redacted version for public viewing,
13
omitting only the confidential, privileged, or otherwise protectable portions of the
14
document, shall be filed. Any application that seeks to file documents under seal in
15
their entirety should include an explanation of why redaction is not feasible.
16
4. DEFINITIONS
17
4.1 Action: This case, Consumer Financial Protection Bureau v. Daniel
18
A. Rosen, Inc. d/b/a Credit Repair Cloud, et al., No. 2:21-cv-07492-VAP-JDE,
19
pending in the United States District Court for the Central District of California.
20
4.2 Challenging Party: a Party or Non-Party that challenges the
21
designation of information or items under this Order.
22
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).
4
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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
7
or generated in disclosures or responses to discovery.
8
4.7 Expert: a person with specialized knowledge or experience in a matter
9
pertinent to the litigation who has been retained by a Party or its counsel to serve
10
as an expert witness or as a consultant in this Action.
11
4.8 Final Disposition: the later of (1) dismissal of all claims and defenses
12
in this action, with or without prejudice; and (2) final judgment herein after the
13
completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
14
this action, including the time limits for filing any motions or applications for
15
extension of time pursuant to applicable law.
16
4.9 House Counsel: attorneys who are employees of a party to this
17
Action. House Counsel does not include Outside Counsel of Record or any other
18
outside counsel.
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4.10 Non-Party: any natural person, partnership, corporation, association or
20
other legal entity not named as a Party to this action.
21
4.11 Outside Counsel of Record: attorneys who are not employees of a
22
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).
5
Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 6 of 17 Page ID #:394

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.
7
4.15 Protected Material: any Disclosure or Discovery Material that is
8
designated as “CONFIDENTIAL.”
9
4.16 Receiving Party: a Party that receives Disclosure or Discovery
10
Material from a Producing Party.
11
5. SCOPE
12
The protections conferred by this Stipulation and Order cover not only
13
Protected Material (as defined above), but also (1) any information copied or
14
extracted from Protected Material; (2) all copies, excerpts, summaries, or
15
compilations of Protected Material; and (3) any testimony, conversations, or
16
presentations by Parties or their Counsel that might reveal Protected Material.
17
Any use of Protected Material at trial shall be governed by the orders of the
18
trial judge and other applicable authorities. This Order does not govern the use of
19
Protected Material at trial.
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6. DURATION
21
Once a case proceeds to trial, information that was designated as
22
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
6
Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 7 of 17 Page ID #:395

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
7. DESIGNATING PROTECTED MATERIAL
8
7.1 Exercise of Restraint and Care in Designating Material for
9
Protection. Each Party or Non-Party that designates information or
10
items for protection under this Order must take care to limit any such designation
11
to specific material that qualifies under the appropriate standards. The Designating
12
Party must designate for protection only those parts of material, documents, items
13
or oral or written communications that qualify so that other portions of the
14
material, documents, items or communications for which protection is not
15
warranted are not swept unjustifiably within the ambit of this Order.
16
Mass, indiscriminate or routinized designations are prohibited. Designations
17
that are shown to be clearly unjustified or that have been made for an improper
18
purpose (e.g., to unnecessarily encumber the case development process or to
19
impose unnecessary expenses and burdens on other parties) may expose the
20
Designating Party to sanctions.
21
If it comes to a Designating Party’s attention that information or items that it
22
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.
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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
7
protection, the Producing Party also must clearly identify the protected portion(s)
8
(e.g., by making appropriate markings in the margins). For information in non-
9
static documentary form (e.g., spreadsheets) for which the application of the
10
CONFIDENTIAL legend is impracticable, a slip or cover sheet with the
11
CONFIDENTIAL legend shall be provided. If only a portion or portions of the
12
material in such a document qualify for protection, the slip or cover sheet shall
13
clearly identify the protected portion(s) (e.g., by specifying the row and column
14
numbers in a spreadsheet).
15
A Party or Non-Party that makes original documents available for inspection
16
need not designate them for protection until after the inspecting Party has indicated
17
which documents it would like copied and produced. During the inspection and
18
before the designation, all of the material made available for inspection shall be
19
deemed “CONFIDENTIAL.” After the inspecting Party has identified the
20
documents it wants copied and produced, the Producing Party must determine
21
which documents, or portions thereof, qualify for protection under this Order.
22
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
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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
7
information warrants protection, the Producing Party, to the extent practicable,
8
shall identify the protected portion(s).
9
7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
10
failure to designate qualified information or items does not, standing alone, waive
11
the Designating Party’s right to secure protection under this Order for such
12
material. Upon timely correction of a designation, the Receiving Party must make
13
reasonable efforts to assure that the material is treated in accordance with the
14
provisions of this Order.
15
8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
16
8.1. Timing of Challenges. Any Party or Non-Party may challenge a
17
designation of confidentiality at any time that is consistent with the Court’s
18
Scheduling Order.
19
8.2 Meet and Confer. The Challenging Party shall initiate the dispute
20
resolution process under Local Rule 37-1 et seq.
21
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
22
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
9
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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.
4
9. ACCESS TO AND USE OF PROTECTED MATERIAL
5
9.1 Basic Principles. A Receiving Party may use Protected Material that is
6
disclosed or produced by another Party or by a Non-Party in connection with this
7
Action only for prosecuting, defending or attempting to settle this Action unless
8
another use is authorized by this Order or required by federal statute or permitted
9
by regulation applicable to the Bureau. Such Protected Material may be disclosed
10
only to the categories of persons and under the conditions described in this Order
11
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
23
well as employees of said Outside Counsel of Record to whom it is reasonably
24
necessary to disclose the information for this Action;
25
(b) the officers, directors, employees and contractors (including House
26
Counsel) of the Receiving Party to whom disclosure is reasonably necessary for
27
this Action;
28
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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
7
Vendors to whom disclosure is reasonably necessary for this Action and who have
8
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
9
(g) the author or recipient of a document containing the information or
10
a custodian or other person who otherwise possessed or knew the information;
11
(h) during their depositions, witnesses, and attorneys for witnesses, in
12
the Action to whom disclosure is reasonably necessary provided: (1) the deposing
13
party requests that the witness sign the form attached as Exhibit A hereto; and (2)
14
they will not be permitted to keep any confidential information unless they sign the
15
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
16
agreed by the Designating Party or ordered by the court. Pages of transcribed
17
deposition testimony or exhibits to depositions that reveal Protected Material may
18
be separately bound by the court reporter and may not be disclosed to anyone
19
except as permitted under this Stipulated Protective Order; and
20
(i) any mediators or settlement officers and their supporting personnel,
21
mutually agreed upon by any of the parties engaged in settlement discussions.
22
23 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
24
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:
11
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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
7
Protective Order; and
8
(c) cooperate with respect to all reasonable procedures sought to be
9
pursued by the Designating Party whose Protected Material may be affected. If the
10
Designating Party timely seeks a protective order, the Party served with the
11
subpoena or court order or other legal process shall not produce any information
12
designated in this action as “CONFIDENTIAL” before a determination by the
13
court from which the subpoena or order issued, unless the Party has obtained the
14
Designating Party’s permission. The Designating Party shall bear the burden and
15
expense of seeking protection in that court of its confidential material and nothing
16
in these provisions should be construed as authorizing or encouraging a Receiving
17
Party in this Action to disobey a lawful directive from another court.
18
19 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
BE PRODUCED IN THIS LITIGATION
20

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
23
information produced by Non-Parties in connection with this litigation is protected
24
by the remedies and relief provided by this Order. Nothing in these provisions
25
should be construed as prohibiting a Non-Party from seeking additional
26
protections.
27
28
12
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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
7
agreement with a Non-Party;
8
(2) promptly provide the Non-Party with a copy of the Stipulated
9
Protective Order in this Action, the relevant discovery request(s), and a reasonably
10
specific description of the information requested; and
11
(3) make the information requested available for inspection by the
12
Non-Party, if requested.
13
(c) If the Non-Party fails to seek a protective order from this court
14
within 14 days of receiving the notice and accompanying information, the
15
Receiving Party may produce the Non-Party’s confidential information responsive
16
to the discovery request. If the Non-Party timely seeks a protective order, the
17
Receiving Party shall not produce any information in its possession or control that
18
is subject to the confidentiality agreement with the Non-Party before a
19
determination by the court. Absent a court order to the contrary, the Non-Party
20
shall bear the burden and expense of seeking protection in this court of its
21
Protected Material.
22
23 12. UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
24
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
13
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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

7
When a Producing Party gives notice to Receiving Parties that certain
8
inadvertently produced material is subject to a claim of privilege or other
9
protection, the obligations of the Receiving Parties are those set forth in Federal
10
Rule of Civil Procedure 26(b)(5)(B). The production of privileged or work product
11
protected documents, whether inadvertent or otherwise, is not a waiver of the
12
privilege or protection from discovery in this case or in any other federal or state
13
proceeding. This Order shall be interpreted to provide the maximum protection
14
allowed by Federal Rule of Evidence 502(d).
15
Nothing contained herein is intended to or shall serve to limit a party’s right
16
to conduct a review of documents (including metadata) for relevance,
17
responsiveness and/or segregation of privileged and/or protected information
18
before production.
19
14. MISCELLANEOUS
20
14.1 Right to Further Relief. Nothing in this Order abridges the right of any
21
person to seek its modification by the Court in the future.
22
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.
14
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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.
7
15. FINAL DISPOSITION
8
The confidentiality obligations imposed by this Order shall remain in effect
9
until a Designating Party agrees otherwise in writing or a court order otherwise
10
directs.
11
After the final disposition of this Action, as defined in paragraph 6, within
12
60 days of a written request by the Designating Party, each Receiving Party must
13
return all Protected Material to the Producing Party or destroy such material, or
14
retain such material as required by federal recordkeeping requirements in a manner
15
that ensures the confidentiality of the material. As used in this subdivision, “all
16
Protected Material” includes all copies, abstracts, compilations, summaries, and
17
any other format reproducing or capturing any of the Protected Material except as
18
required to comply with federal recordkeeping requirements. Whether the
19
Protected Material is returned or destroyed, or retained pursuant to federal
20
recordkeeping requirements, the Receiving Party must submit a written
21
certification to the Producing Party (and, if not the same person or entity, to the
22
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,
15
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
© |! Protective Order as set forth in Section 6 (DURATION).
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.

14
15 Pursuant to the Parties’ Stipulation, and for good cause shown,
16 IT IS SO ORDERED.
17
18 ||} DATED: May 31, 2022
19
20 / de a □
21 J D. EARLY
> ited States Magistrate Judge
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Case 2:21-cv-07492-VAP-JDE Document 54 Filed 05/31/22 Page 17 of 17 Page ID #:405

EXHIBIT A
1
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2

3
I, __________________________ [print or type full name], of
4
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.
18
I hereby appoint ________ [print or type full name] of
19
___________________ [print or type full address and telephone number] as my
20
California agent for service of process in connection with this action or any
21
proceedings related to enforcement of this Order.
22
Date: _______
23
City and State where sworn and signed:
24
Printed name: ___________________
25
Signature:
26

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9980104. Public record. Not legal advice.