even stipulated 14 protective orders require good cause showing
How later courts described this case
- even stipulated 14 protective orders require good cause showing
Written by the judges who cited it.
The opinion
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 1 of 17 Page ID #:161
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 DAVID RUDORFER, ) Case No. 8:22-cv-00975-JWH (JDE)
)
11 )
Plaintiff, ) STIPULATED PROTECTIVE
12 ) ORDER
)
13 v. )
)
14 )
SELECT PORTFOLIO SERVICING, )
15 INC.; and EXPERIAN )
)
16 INFORMATION SOLUTIONS, INC., )
)
17 )
Defendants. )
18 )
19
Pursuant to the parties’ Stipulation (Dkt. 22) and for good cause shown,
20
the Court finds and orders as follows.
21
1. PURPOSES AND LIMITATIONS
22
Discovery in this action is likely to involve production of confidential,
23
proprietary or private information for which special protection from public
24
disclosure and from use for any purpose other than pursuing this litigation may
25
26 be warranted. Accordingly, the parties hereby stipulate to and petition the
27 Court to enter the following Stipulated Protective Order. The parties
28 acknowledge that this Order does not confer blanket protections on all
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 2 of 17 Page ID #:162
1 disclosures or responses to discovery and that the protection it affords from
2 public disclosure and use extends only to the limited information or items that
3 are entitled to confidential treatment under the applicable legal principles.
4 2. GOOD CAUSE STATEMENT
5 This action is likely to involve trade secrets, customer and pricing lists
6 and other valuable research, development, commercial, financial, technical
7
and/or proprietary information for which special protection from public
8
disclosure and from use for any purpose other than prosecution of this action is
9
warranted. Such confidential and proprietary materials and information
10
consist of, among other things, confidential business or financial information,
11
information regarding confidential business practices, or other confidential
12
research, development, or commercial information (including information
13
implicating privacy rights of third parties), information otherwise generally
14
unavailable to the public, or which may be privileged or otherwise protected
15
from disclosure under state or federal statutes, court rules, case decisions, or
16
common law. Accordingly, to expedite the flow of information, to facilitate the
17
prompt resolution of disputes over confidentiality of discovery materials, to
18
adequately protect information the parties are entitled to keep confidential, to
19
ensure that the parties are permitted reasonable necessary uses of such material
20
21 in preparation for and in the conduct of trial, to address their handling at the
22 end of the litigation, and serve the ends of justice, a protective order for such
23 information is justified in this matter. It is the intent of the parties that
24 information will not be designated as confidential for tactical reasons and that
25 nothing be so designated without a good faith belief that it has been
26 maintained in a confidential, non-public manner, and there is good cause why
27 it should not be part of the public record of this case.
28
2
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 3 of 17 Page ID #:163
1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING
2 PROCEDURE
3 The parties further acknowledge, as set forth in Section 14.3, below, that
4 this Stipulated Protective Order does not entitle them to file confidential
5 information under seal; Local Civil Rule 79-5 sets forth the procedures that
6 must be followed and the standards that will be applied when a party seeks
7
permission from the court to file material under seal. There is a strong
8
presumption that the public has a right of access to judicial proceedings and
9
records in civil cases. In connection with non-dispositive motions, good cause
10
must be shown to support a filing under seal. See Kamakana v. City and
11
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
12
Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
13
Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
14
protective orders require good cause showing), and a specific showing of good
15
cause or compelling reasons with proper evidentiary support and legal
16
justification, must be made with respect to Protected Material that a party
17
seeks to file under seal. The parties’ mere designation of Disclosure or
18
Discovery Material as CONFIDENTIAL does not— without the submission
19
of competent evidence by declaration, establishing that the material sought to
20
21 be filed under seal qualifies as confidential, privileged, or otherwise
22 protectable—constitute good cause.
23 Further, if a party requests sealing related to a dispositive motion or trial,
24 then compelling reasons, not only good cause, for the sealing must be shown,
25 and the relief sought shall be narrowly tailored to serve the specific interest to
26 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th
27 Cir. 2010). For each item or type of information, document, or thing sought to
28 be filed or introduced under seal, the party seeking protection must articulate
3
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 4 of 17 Page ID #:164
1 compelling reasons, supported by specific facts and legal justification, for the
2 requested sealing order. Again, competent evidence supporting the application
3 to file documents under seal must be provided by declaration.
4 Any document that is not confidential, privileged, or otherwise
5 protectable in its entirety will not be filed under seal if the confidential portions
6 can be redacted. If documents can be redacted, then a redacted version for
7
public viewing, omitting only the confidential, privileged, or otherwise
8
protectable portions of the document, shall be filed. Any application that seeks
9
to file documents under seal in their entirety should include an explanation of
10
why redaction is not feasible.
11
4. DEFINITIONS
12
4.1 Action: David Rudorfer v. Select Portfolio Servicing, Inc.; and
13
Experian Information Solutions, Inc., United States District Court, Central
14
District of California, Case No. 8:22-cv-00975-JWH (JDE)
15
4.2 Challenging Party: a Party or Non-Party that challenges the
16
designation of information or items under this Order.
17
4.3 “CONFIDENTIAL” Information or Items: information
18
(regardless of how it is generated, stored or maintained) or tangible things that
19
20 qualify for protection under Federal Rule of Civil Procedure 26(c), and as
21 specified above in the Good Cause Statement.
22 4.4 Counsel: Outside Counsel of Record and House Counsel (as well
23 as their support staff).
24 4.5 Designating Party: a Party or Non-Party that designates
25 information or items that it produces in disclosures or in responses to discovery
26 as “CONFIDENTIAL.”
27 4.6 Disclosure or Discovery Material: all items or information,
28 regardless of the medium or manner in which it is generated, stored, or
4
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 5 of 17 Page ID #:165
1 maintained (including, among other things, testimony, transcripts, and tangible
2 things), that are produced or generated in disclosures or responses to discovery.
3 4.7 Expert: a person with specialized knowledge or experience in a
4 matter pertinent to the litigation who has been retained by a Party or its
5 counsel to serve as an expert witness or as a consultant in this Action.
6 4.8 House Counsel: attorneys who are employees of a party to this
7
Action. House Counsel does not include Outside Counsel of Record or any
8
other outside counsel.
9
4.9 Non-Party: any natural person, partnership, corporation,
10
association or other legal entity not named as a Party to this action.
11
4.10 Outside Counsel of Record: attorneys who are not employees of a
12
party to this Action but are retained to represent a party to this Action and
13
have appeared in this Action on behalf of that party or are affiliated with a law
14
firm that has appeared on behalf of that party, and includes support staff.
15
4.11 Party: any party to this Action, including all of its officers,
16
directors, employees, consultants, retained experts, and Outside Counsel of
17
Record (and their support staffs).
18
4.12 Producing Party: a Party or Non-Party that produces Disclosure or
19
Discovery Material in this Action.
20
21 4.13 Professional Vendors: persons or entities that provide litigation
22 support services (e.g., photocopying, videotaping, translating, preparing
23 exhibits or demonstrations, and organizing, storing, or retrieving data in any
24 form or medium) and their employees and subcontractors.
25 4.14 Protected Material: any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL.”
27 4.15 Receiving Party: a Party that receives Disclosure or Discovery
28 Material from a Producing Party.
5
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 6 of 17 Page ID #:166
1 5. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7
Any use of Protected Material at trial shall be governed by the orders of
8
the trial judge and other applicable authorities. This Order does not govern the
9
use of Protected Material at trial.
10
6. DURATION
11
Once a case proceeds to trial, information that was designated as
12
CONFIDENTIAL or maintained pursuant to this protective order used or
13
introduced as an exhibit at trial becomes public and will be presumptively
14
available to all members of the public, including the press, unless compelling
15
reasons supported by specific factual findings to proceed otherwise are made to
16
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
17
(distinguishing “good cause” showing for sealing documents produced in
18
discovery from “compelling reasons” standard when merits-related documents
19
are part of court record). Accordingly, the terms of this protective order do not
20
21 extend beyond the commencement of the trial.
22 7. DESIGNATING PROTECTED MATERIAL
23 7.1 Exercise of Restraint and Care in Designating Material for
24 Protection. Each Party or Non-Party that designates information
25 or items for protection under this Order must take care to limit any such
26 designation to specific material that qualifies under the appropriate standards.
27 The Designating Party must designate for protection only those parts of
28 material, documents, items or oral or written communications that qualify so
6
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 7 of 17 Page ID #:167
1 that other portions of the material, documents, items or communications for
2 which protection is not warranted are not swept unjustifiably within the ambit
3 of this Order.
4 Mass, indiscriminate or routinized designations are prohibited.
5 Designations that are shown to be clearly unjustified or that have been made
6 for an improper purpose (e.g., to unnecessarily encumber the case development
7
process or to impose unnecessary expenses and burdens on other parties) may
8
expose the Designating Party to sanctions.
9
If it comes to a Designating Party’s attention that information or items
10
that it designated for protection do not qualify for protection, that Designating
11
Party must promptly notify all other Parties that it is withdrawing the
12
inapplicable designation.
13
7.2 Manner and Timing of Designations. Except as otherwise
14
provided in this Order, or as otherwise stipulated or ordered, Disclosure of
15
Discovery Material that qualifies for protection under this Order must be
16
clearly so designated before the material is disclosed or produced.
17
Designation in conformity with this Order requires:
18
(a) for information in documentary form (e.g., paper or electronic
19
documents, but excluding transcripts of depositions or other pretrial or trial
20
21 proceedings), that the Producing Party affix at a minimum, the legend
22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page
23 that contains protected material. If only a portion of the material on a page
24 qualifies for protection, the Producing Party also must clearly identify the
25 protected portion(s) (e.g., by making appropriate markings in the margins).
26 A Party or Non-Party that makes original documents available for
27 inspection need not designate them for protection until after the inspecting
28 Party has indicated which documents it would like copied and produced.
7
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 8 of 17 Page ID #:168
1 During the inspection and before the designation, all of the material made
2 available for inspection shall be deemed “CONFIDENTIAL.” After the
3 inspecting Party has identified the documents it wants copied and produced,
4 the Producing Party must determine which documents, or portions thereof,
5 qualify for protection under this Order. Then, before producing the specified
6 documents, the Producing Party must affix the “CONFIDENTIAL legend” to
7
each page that contains Protected Material. If only a portion of the material on
8
a page qualifies for protection, the Producing Party also must clearly identify
9
the protected portion(s) (e.g., by making appropriate markings in the margins).
10
(b) for testimony given in depositions that the Designating Party
11
identifies the Disclosure or Discovery Material on the record, before the close
12
of the deposition all protected testimony.
13
(c) for information produced in some form other than
14
documentary and for any other tangible items, that the Producing Party affix
15
in a prominent place on the exterior of the container or containers in which the
16
information is stored the legend “CONFIDENTIAL.” If only a portion or
17
portions of the information warrants protection, the Producing Party, to the
18
extent practicable, shall identify the protected portion(s).
19
7.3 Inadvertent Failures to Designate. If timely corrected, an
20
21 inadvertent failure to designate qualified information or items does not,
22 standing alone, waive the Designating Party’s right to secure protection under
23 this Order for such material. Upon timely correction of a designation, the
24 Receiving Party must make reasonable efforts to assure that the material is
25 treated in accordance with the provisions of this Order.
26
27
28
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Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 9 of 17 Page ID #:169
1 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the Court’s
4 Scheduling Order.
5 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
6 resolution process under Local Rule 37-1 et seq.
7
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
8
joint stipulation pursuant to Local Rule 37-2.
9
8.4 The burden of persuasion in any such challenge proceeding shall be
10
on the Designating Party. Frivolous challenges, and those made for an
11
improper purpose (e.g., to harass or impose unnecessary expenses and burdens
12
on other parties) may expose the Challenging Party to sanctions. Unless the
13
Designating Party has waived or withdrawn the confidentiality designation, all
14
parties shall continue to afford the material in question the level of protection
15
to which it is entitled under the Producing Party’s designation until the Court
16
rules on the challenge.
17
18 9. ACCESS TO AND USE OF PROTECTED MATERIAL
19 9.1 Basic Principles. A Receiving Party may use Protected Material that
20 is disclosed or produced by another Party or by a Non-Party in connection
21
with this Action only for prosecuting, defending or attempting to settle this
22
Action. Such Protected Material may be disclosed only to the categories of
23
persons and under the conditions described in this Order. When the Action has
24
been terminated, a Receiving Party must comply with the provisions of section
25
15 below (FINAL DISPOSITION).
26
27
28
9
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 10 of 17 Page ID #:170
1 Protected Material must be stored and maintained by a Receiving Party
2 at a location and in a secure manner that ensures that access is limited to the
3 persons authorized under this Order.
4 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
5 otherwise ordered by the court or permitted in writing by the Designating
6 Party, a Receiving Party may disclose any information or item designated
7
“CONFIDENTIAL” only to:
8
(a) the Receiving Party’s Outside Counsel of Record in this
9
Action, as well as employees of said Outside Counsel of Record to whom it is
10
reasonably necessary to disclose the information for this Action;
11
(b) the officers, directors, and employees (including House
12
Counsel) of the Receiving Party to whom disclosure is reasonably necessary
13
for this Action;
14
(c) Experts (as defined in this Order) of the Receiving Party to
15
whom disclosure is reasonably necessary for this Action and who have signed
16
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
17
(d) the court and its personnel;
18
(e) court reporters and their staff;
19
(f) professional jury or trial consultants, mock jurors, and
20
21 Professional Vendors to whom disclosure is reasonably necessary for this
22 Action and who have signed the “Acknowledgment and Agreement to Be
23 Bound” (Exhibit A);
24 (g) the author or recipient of a document containing the
25 information or a custodian or other person who otherwise possessed or knew
26 the information;
27 (h) during their depositions, witnesses, and attorneys for witnesses,
28 in the Action to whom disclosure is reasonably necessary provided: (1) the
10
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 11 of 17 Page ID #:171
1 deposing party requests that the witness sign the form attached as Exhibit A
2 hereto; and (2) they will not be permitted to keep any confidential information
3 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
4 A), unless otherwise agreed by the Designating Party or ordered by the court.
5 Pages of transcribed deposition testimony or exhibits to depositions that reveal
6 Protected Material may be separately bound by the court reporter and may not
7
be disclosed to anyone except as permitted under this Stipulated Protective
8
Order; and
9
(i) any mediators or settlement officers and their supporting
10
personnel, mutually agreed upon by any of the parties engaged in settlement
11
discussions.
12
10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
13 PRODUCED IN OTHER LITIGATION
14
If a Party is served with a subpoena or a court order issued in other
15
litigation that compels disclosure of any information or items designated in this
16
Action as “CONFIDENTIAL,” that Party must:
17
(a) promptly notify in writing the Designating Party. Such
18
notification shall include a copy of the subpoena or court order;
19
(b) promptly notify in writing the party who caused the subpoena
20
21 or order to issue in the other litigation that some or all of the material covered
22 by the subpoena or order is subject to this Protective Order. Such notification
23 shall include a copy of this Stipulated Protective Order; and
24 (c) cooperate with respect to all reasonable procedures sought to be
25 pursued by the Designating Party whose Protected Material may be affected. If
26 the Designating Party timely seeks a protective order, the Party served with the
27 subpoena or court order shall not produce any information designated in this
28 action as “CONFIDENTIAL” before a determination by the court from which
11
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 12 of 17 Page ID #:172
1 the subpoena or order issued, unless the Party has obtained the Designating
2 Party’s permission. The Designating Party shall bear the burden and expense
3 of seeking protection in that court of its confidential material and nothing in
4 these provisions should be construed as authorizing or encouraging a
5 Receiving Party in this Action to disobey a lawful directive from another court.
6
11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
7
BE PRODUCED IN THIS LITIGATION
8
(a) The terms of this Order are applicable to information produced
9
by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
10
11 information produced by Non-Parties in connection with this litigation is
12 protected by the remedies and relief provided by this Order. Nothing in these
13 provisions should be construed as prohibiting a Non-Party from seeking
14 additional protections.
15 (b) In the event that a Party is required, by a valid discovery
16 request, to produce a Non-Party’s confidential information in its possession,
17 and the Party is subject to an agreement with the Non-Party not to produce the
18 Non-Party’s confidential information, then the Party shall:
19 (1) promptly notify in writing the Requesting Party and the Non-
20 Party that some or all of the information requested is subject to a
21
confidentiality agreement with a Non-Party;
22
(2) promptly provide the Non-Party with a copy of the Stipulated
23
Protective Order in this Action, the relevant discovery request(s), and a
24
reasonably specific description of the information requested; and
25
(3) make the information requested available for inspection by the
26
Non-Party, if requested.
27
(c) If the Non-Party fails to seek a protective order from this court
28
12
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 13 of 17 Page ID #:173
1 within 14 days of receiving the notice and accompanying information, the
2 Receiving Party may produce the Non-Party’s confidential information
3 responsive to the discovery request. If the Non-Party timely seeks a protective
4 order, the Receiving Party shall not produce any information in its possession
5 or control that is subject to the confidentiality agreement with the Non-Party
6 before a determination by the court. Absent a court order to the contrary, the
7
Non-Party shall bear the burden and expense of seeking protection in this court
8
of its Protected Material.
9
12. UNAUTHORIZED DISCLOSURE OF PROTECTED
10 MATERIAL
11
If a Receiving Party learns that, by inadvertence or otherwise, it has
12
disclosed Protected Material to any person or in any circumstance not
13
authorized under this Stipulated Protective Order, the Receiving Party must
14
immediately (a) notify in writing the Designating Party of the unauthorized
15
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
16
Protected Material, (c) inform the person or persons to whom unauthorized
17
disclosures were made of all the terms of this Order, and (d) request such
18
person or persons to execute the “Acknowledgment an Agreement to Be
19
Bound” attached hereto as Exhibit A.
20
21 13. INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
22
23 When a Producing Party gives notice to Receiving Parties that certain
24 inadvertently produced material is subject to a claim of privilege or other
25 protection, the obligations of the Receiving Parties are those set forth in
26 Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to
27 modify whatever procedure may be established in an e-discovery order that
28 provides for production without prior privilege review. Pursuant to Federal
13
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 14 of 17 Page ID #:174
1 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
2 the effect of disclosure of a communication or information covered by the
3 attorney-client privilege or work product protection, the parties may
4 incorporate their agreement in the stipulated protective order submitted to the
5 court.
6 14. MISCELLANEOUS
7
14.1 Right to Further Relief. Nothing in this Order abridges the right of
8
any person to seek its modification by the Court in the future.
9
14.2 Right to Assert Other Objections. By stipulating to the entry of this
10
Protective Order, no Party waives any right it otherwise would have to object
11
to disclosing or producing any information or item on any ground not
12
addressed in this Stipulated Protective Order. Similarly, no Party waives any
13
right to object on any ground to use in evidence of any of the material covered
14
by this Protective Order.
15
14.3 Filing Protected Material. A Party that seeks to file under seal any
16
Protected Material must comply with Local Civil Rule 79-5. Protected
17
Material may only be filed under seal pursuant to a court order authorizing the
18
sealing of the specific Protected Material. If a Party’s request to file Protected
19
Material under seal is denied by the court, then the Receiving Party may file
20
21 the information in the public record unless otherwise instructed by the court.
22 15. FINAL DISPOSITION
23 After the final disposition of this Action, as defined in paragraph 6,
24 within 60 days of a written request by the Designating Party, each Receiving
25 Party must return all Protected Material to the Producing Party or destroy such
26 material. As used in this subdivision, “all Protected Material” includes all
27 copies, abstracts, compilations, summaries, and any other format reproducing
28 or capturing any of the Protected Material. Whether the Protected Material is
14
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page15o0f17 Page |ID#:175
I ||returned or destroyed, the Receiving Party must submit a written certification
2 ||to the Producing Party (and, if not the same person or entity, to the
3 || Designating Party) by the 60-day deadline that (1) identifies (by category,
4 || where appropriate) all the Protected Material that was returned or destroyed
> □ and (2) affirms that the Receiving Party has not retained any copies, abstracts,
6 compilations, summaries or any other format reproducing or capturing any of
’ || the Protected Material. Notwithstanding this provision, Counsel are entitled to
8 retain an archival copy of all pleadings, motion papers, trial, deposition, and
° hearing transcripts, legal memoranda, correspondence, deposition and trial
0 exhibits, expert reports, attorney work product, and consultant and expert
work product, even if such materials contain Protected Material. Any such
archival copies that contain or constitute Protected Material remain subject to
4 this Protective Order as set forth in Section 6 (DURATION).
5 16. VIOLATION
16 Any violation of this Order may be punished by appropriate measures
UW including, without limitation, contempt proceedings and/or monetary
1g || Sanctions.
19
20 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
21
22 || DATED: December 22, 2022
23
24 ye dL A 2 G
25 J D. EARLY
%6 nited States Magistrate Judge
27
28
15
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 16 of 17 Page ID #:176
1
EXHIBIT A
2
3 UNITED STATES DISTRICT COURT
4
CENTRAL DISTRICT OF CALIFORNIA
5
DAVID RUDORFER, ) Case No. 8:22-cv-00975-JWH (JDE)
)
6 )
7 Plaintiff, ) ) A AGCK RN EEO MW EL NE TD TG OM BE EN BT O A UN ND D BY
)
8 v. ) STIPULATED PROTECTIVE
) ORDER
9 )
SELECT PORTFOLIO )
10 SERVICING, INC.; and EXPERIAN )
)
11 INFORMATION SOLUTIONS, )
INC., )
12 )
)
13 Defendants. )
14
15 I, _____________________________________, declare as follows:
16 1. My address is
17 ____________________________________________.
18 2. My present employer is
19 ____________________________________.
20
3. My present occupation or job description is
21
____________________.
22
4 I have received a copy of the Stipulated Protective Order entered
23
in this action on _______________, 20___.
24
5. I have carefully read and understand the provisions of this
25
Stipulated Protective Order.
26
6. I will comply with all provisions of this Stipulated Protective
27
Order.
28
1
Case 8:22-cv-00975-JWH-JDE Document 23 Filed 12/22/22 Page 17 of 17 Page ID #:177
1
7. I will hold in confidence, and will not disclose to anyone not
2
qualified under the Stipulated Protective Order, any information, documents
3
or other materials produced subject to this Stipulated Protective Order.
4
8. I will use such information, documents or other materials
5
produced subject to this Stipulated Protective Order only for purposes of this
6
present action.
7
9. Upon termination of this action, or upon request, I will return and
8
deliver all information, documents or other materials produced subject to this
9
Stipulated Protective Order, and all documents or things which I have
10
prepared relating to the information, documents or other materials that are
11
subject to the Stipulated Protective Order, to my counsel in this action, or to
12
counsel for the party by whom I am employed or retained or from whom I
13
received the documents.
14
10. I hereby submit to the jurisdiction of this Court for the purposes of
15
enforcing the Stipulated Protective Order in this action.
16
17
I declare under penalty of perjury under the laws of the United States
18
19 that the following is true and correct.
20
21 Executed this ____ day of _____________, 20__ at __________________.
22
23
_______________________________
24 QUALIFIED PERSON
25
26
27
28
2