Opinion

Yong Hee Chung v. American Express Company

Court: District Court, C.D. California
Filed: Jan 27, 2023
Cited by: 0 cases
Authority: More cited than 16.4%

“Congress has expressed a strong interest in protecting the privacy of consumers’ financial information.”

How later courts described this case

“Congress has expressed a strong interest in protecting the privacy of consumers’ financial information.”
finding information that implicates private financial information is “presumptively privileged”

Written by the judges who cited it.

The opinion

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 1 of 20 Page ID #:188

1 STROOCK & STROOCK & LAVAN LLP

BRIAN C. FRONTINO (State Bar No. 222032)

2 ALICE KWAK (State Bar No. 318883)

2029 Century Park East, 18th Floor

3 Los Angeles, CA 90067-3086

Telephone: 310.556.5800

4 Facsimile: 310.556.5959

Email: lacalendar@stroock.com

Attorneys for Defendant

6 AMERICAN EXPRESS NATIONAL BANK,

erroneously sued as AMERICAN EXPRESS

7 COMPANY

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

11 YONG HEE CHUNG, ) Case No. 2:22-cv-02655-SSS-E

)

12 Plaintiff, )

[Assigned to the Hon. Sunshine S.

)

13 v. ) Sykes]

14 AMERICAN EXPRESS COMPANY, ) ) STIPULATED PROTECTIVE

15 Defendant. ) ORDER

)

16 )

)

17 )

)

18 )

)

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STIPULATED PROTECTIVE ORDER

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1 1. A. PURPOSES AND LIMITATIONS

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

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

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

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

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

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

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

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

10 applicable legal principles. The parties further acknowledge, as set forth in Section

11 12.3, below, that this Stipulated Protective Order does not entitle them to file

12 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

13 that must be followed and the standards that will be applied when a party seeks

14 permission from the court to file material under seal.

15 B. GOOD CAUSE STATEMENT

16 This action is likely to involve trade secrets, private financial information and

17 records, and other valuable research, development, commercial, financial, technical

18 and/or proprietary information for which special protection from public disclosure

19 and from use for any purpose other than prosecution of this action is warranted.

20 Such confidential and proprietary materials and information consist of, among other

21 things, confidential business or financial information, information regarding

22 confidential business practices, financial records and account information (including

23 records and information implicating privacy rights of third parties), or information

24 otherwise generally unavailable to the public, or which may be privileged or

25 otherwise protected from disclosure under state or federal statutes, court rules, case

26 decisions, or common law. Accordingly, to expedite the flow of information, to

27 facilitate the prompt resolution of disputes over confidentiality of discovery

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STIPULATED PROTECTIVE ORDER

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STIPULATED PROTECTIVE ORDER

Case No. 2:22-cv-02655-GW-E

MIA 31596974v1

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PLL NAVAL & KCOORTS & KCOORTS

ROOLF HT81 ,TSAE KRAP YRUTNEC 9202

6803-76009 AC ,SELEGNA SOL

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 3 of 20 Page ID #:190

materials, to adequately protect information the parties are entitled to keep

confidential, to ensure that the parties are permitted reasonable necessary uses of

such material in preparation for and in the conduct of trial, to address their handling

at the end of the litigation, and to serve the ends of justice, a protective order for

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

information will not be designated as confidential for tactical reasons and that

nothing be so designated without a good faith belief that it has been maintained in a

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

the public record of this case.

2. DEFINITIONS

2.1 Action: this pending federal lawsuit, captioned Yong Hee Chung v.

American Express Company, Case No. 2:22-cv-02655-GW-E.

2.2 Challenging Party: a Party or Non-Party that challenges the designation

of information or items under this Order.

2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

Good Cause Statement.

2.4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

Items: extremely sensitive and/or proprietary “CONFIDENTIAL” Information or

Items, the disclosure of which to another Party or Non-Party would create a

substantial risk of serious harm that could not be avoided by less restrictive means.

2.5 Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).

2.6 Designating Party: a Party or Non-Party that designates information or

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

“CONFIDENTIAL” or “CONFIDIENTIAL – ATTORNEYS’ EYES ONLY”.

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STIPULATED PROTECTIVE ORDER

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PLL NAVAL & KCOORTS & KCOORTS

ROOLF HT81 ,TSAE KRAP YRUTNEC 9202

6803-76009 AC ,SELEGNA SOL

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 4 of 20 Page ID #:191

2.7 Disclosure or Discovery Material: all items or information, regardless of

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

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

generated in disclosures or responses to discovery in this matter.

2.8 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.

2.9 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.

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

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

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

to this Action but are retained to represent or advise a party to this Action and have

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

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

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

employees, consultants, retained experts, House Counsel, and Outside Counsel of

Record (and their support staffs).

2.13 Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this Action.

2.14 Professional Vendors: persons or entities that provide litigation support

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

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

and their employees and subcontractors.

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STIPULATED PROTECTIVE ORDER

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Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 5 of 20 Page ID #:192

2.15 Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

ONLY”.

2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

from a Producing Party.

3. 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. This Order does not govern the use of Protected Material at trial.

4. DURATION

Even after final disposition of this litigation, 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. Final disposition shall be

deemed to be 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.

5. DESIGNATING PROTECTED MATERIAL

5.1 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

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STIPULATED PROTECTIVE ORDER

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PLL NAVAL & KCOORTS & KCOORTS

ROOLF HT81 ,TSAE KRAP YRUTNEC 9202

6803-76009 AC ,SELEGNA SOL

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 6 of 20 Page ID #:193

protection only those parts of material, documents, items, or oral or written

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

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

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

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

5.2 Manner and Timing of Designations. Except as otherwise provided in

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

under this Order must be clearly so designated before the material is disclosed or

produced.

Designation in conformity with this Order requires:

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

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

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

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, to each

page that contains protected material. If only a portion or portions 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).

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

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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,” unless the Producing Party indicates that all or some

portion of the material must be treated as “CONFIDENTIAL – ATTORNEYS’

EYES ONLY” during the inspection. 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. Then, before

producing the specified documents, the Producing Party must affix the legend

“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each

page that contains Protected Material. If only a portion or portions 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).

(b) for testimony given in depositions, the entire transcript shall be

treated as Protected Material for thirty (30) days following receipt by all Parties of

the transcript. By default during this period, the entire transcript will be treated as

CONFIDENTIAL, unless a Party designates it at a higher level of confidentiality

before the close of the deposition. Any Party wishing to designate portions of the

transcript or the exhibits attached thereto as Protected Material must do so within

those thirty (30) days.

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

on the exterior of the container or containers in which the information is stored the

legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

If only a portion or portions of the information warrants protection, the Producing

Party, to the extent practicable, shall identify the protected portion(s).

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

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

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STIPULATED PROTECTIVE ORDER

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PLL NAVAL & KCOORTS & KCOORTS

ROOLF HT81 ,TSAE KRAP YRUTNEC 9202

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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.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 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.

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

resolution process under Local Rule 37-1 et seq. or follow the procedures for

informal, telephonic discovery hearings on the Court’s website.

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

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

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

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

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

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

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

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 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. Such

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

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

Receiving Party must comply with the provisions of section 13 below (FINAL

DISPOSITION).

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STIPULATED PROTECTIVE ORDER

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PLL NAVAL & KCOORTS & KCOORTS

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6803-76009 AC ,SELEGNA SOL

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

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

authorized under this Stipulated Protective Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

Receiving Party may disclose any information or item designated

“CONFIDENTIAL” only to:

(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, and employees (including House Counsel)

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

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

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

(d) the court and its personnel;

(e) court reporters and their staff;

(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

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STIPULATED PROTECTIVE ORDER

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MIA 31596974v1

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PLL NAVAL & KCOORTS & KCOORTS

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6803-76009 AC ,SELEGNA SOL

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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 mediator or settlement officer, and their supporting

personnel, mutually agreed upon by any of the parties engaged in settlement

discussions.

7.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items. Unless otherwise ordered by the court or permitted in writing

by the Designating Party, a Receiving Party may disclose any information or item

designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

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

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

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

(d) court reporters and their staff;

(e) 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);

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

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

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

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

eligible to see it based on its confidentiality designation, (2) the deposing party

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PLL NAVAL & KCOORTS & KCOORTS

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Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 11 of 20 Page ID #:198

requests that the witness sign the form attached as Exhibit A hereto; and (3) 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

(h) any mediator or settlement officer, and their supporting

personnel, mutually agreed upon by any of the parties engaged in settlement

discussions.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

PRODUCED IN OTHER LITIGATION

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

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

“CONFIDENTIAL,” that Party must:

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

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

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

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

subpoena or order is subject to this 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 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

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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.

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

PRODUCED IN THIS LITIGATION

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

a Non-Party in this Action and designated as Protected Material. 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.

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

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

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

confidential information, then the Party shall:

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

Non-Party 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 fourteen (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

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STIPULATED PROTECTIVE ORDER

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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.

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

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

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

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

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

Agreement to Be Bound” that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR 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). This provision is not intended to modify whatever procedure

may be established in an e-discovery order that provides for production without prior

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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

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

parties may incorporate their agreement in a stipulated protective order submitted to

the court.

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STIPULATED PROTECTIVE ORDER

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PLL NAVAL & KCOORTS & KCOORTS

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12. MISCELLANEOUS

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

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

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

Order no Party waives any right it otherwise would have to object to disclosing or

producing any information or item on any ground not addressed in this Stipulated

Protective Order. Similarly, no Party waives any right to object on any ground to use

in evidence of any of the material covered by this Order.

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

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

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

specific Protected Material at issue. If a Party’s request to file Protected Material

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

in the public record unless otherwise instructed by the court.

12.4 Production of Third-Party Confidential Account Information. The

parties acknowledge that this action concerns non-public, private and confidential

American Express card account information of third parties. Those third parties have

a legitimate expectation and/or right of privacy in their personal, non-public,

financial information represented on American Express card account statements

pursuant to constitution, statute, such as the Gramm-Leach-Bliley Act, 15 U.S.C. §

6801, et seq., and 12 C.F.R. Part 1016 et seq., and the Fair and Accurate Credit

Transactions Act, 15 U.S.C. § 1601 et seq., and/or case law, such as Marks v. Global

Mortgage Group, Inc., 218 F.R.D. 492, 497 (S.D. W. Va. 2003) (“Congress has

expressed a strong interest in protecting the privacy of consumers’ financial

information.”); Davis v. Leal, 43 F. Supp. 2d 1102, 1111 (E.D. Cal. 1999) (finding

information that implicates private financial information is “presumptively

privileged”); In re Crawford, 194 F.3d 954, 958-59 (9th Cir. 1999) (noting that the

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Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 15 of 20 Page ID #:202

existence of a constitutionally protected “zone of privacy” is firmly established by

the Supreme Court). Indeed, under the Gramm-Leach-Bliley Act (“GLBA”),

American Express is prohibited from “disclos[ing] to a nonaffiliated third party any

nonpublic personal information” relating to its customers, unless an exception to

GLBA applies. 15 U.S.C. § 6802(a). “Personally identifiable financial information”

means any information, in the context of the provision of a financial product or

service, that (1) a consumer gives to a financial institution, (2) is about a consumer’s

transaction, or (3) a financial institution obtains from a consumer. 16 C.F.R. §

313.3(o)(1); see also 15 U.S.C. § 6809(4)(A)(i)-(iii). Even the fact that an individual

is or has been the customer of a financial institution constitutes “personally

identifiable financial information” under GLBA’s implementing regulation. See 16

C.F.R. § 313(o). Through entry of this Order, American Express is permitted to

disclose records relating to the American Express card accounts to which payments

at issue in this action were made, notwithstanding that those account records contain

information in which third parties may have a legitimate expectation and/or right of

privacy pursuant to federal and state constitutions, statute or case law.

13. FINAL DISPOSITION

After the final disposition of this Action, as defined in Section 4, within sixty

(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. 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. Whether the Protected Material is returned or destroyed, the

Receiving Party must submit a written certification to the Producing Party (and, if

not the same person or entity, to the Designating Party) by the 60 day deadline that

(1) identifies (by category, where appropriate) all the Protected Material that was

returned or destroyed and (2) affirms that the Receiving Party has not retained any

28 -16 -

STIPULATED PROTECTIVE ORDER

Case No. 2:22-cv-02655-GW-E

MIA 31596974v1

MIA 31596974v2

PLL NAVAL & KCOORTS & KCOORTS

ROOLF HT81 ,TSAE KRAP YRUTNEC 9202

6803-76009 AC ,SELEGNA SOL

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 16 of 20 Page ID #:203

copies, abstracts, compilations, summaries or any other format reproducing or

capturing any of the Protected Material. Notwithstanding this provision, Counsel are

entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,

and hearing transcripts, legal memoranda, correspondence, deposition and trial

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 this Protective Order

as set forth in Section 4 (DURATION).

14. Any violation of this Stipulated Order may be punished by any and all

appropriate measures including, without limitation, contempt proceedings and/or

monetary sanctions.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: January 26, 2023 STROOCK & STROOCK & LAVAN LLP

BRIAN C. FRONTINO

ALICE KWAK

By: /s/Brian C. Frontino

Brian C. Frontino

Attorneys for Defendant

AMERICAN EXPRESS NATIONAL

BANK, erroneously sued as

AMERICAN EXPRESS COMPANY

Dated: January 26, 2023 THE CARDOZA LAW CORPORATION

MIKE CARDOZA

LAUREN VEGGIAN

KAZEROUNI LAW GROUP, APC

RYAN L. MCBRIDE

By: /s/Ryan L. McBride

RYAN L. MCBRIDE

Case|?:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 17 of 20 Page ID #:204

Attorneys for Plaintiff

2 YONG HEE CHUNG

4 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

Dated: _January 27, 2023

6 Hon. Stitshine#® Sykes

7 United States District Court Judge

9 EXHIBIT A

9 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

[print or type full address], declare under penalty of perjury that I have read in its

a 6 1D entirety and understand the Stipulated Protective Order that was issued by the United

Z B States District Court for the Central District of California on [date]

Sa 4 in the case of Yong Hee Chung v. American Express Company, Case No. 2:22-cv-

Mog 02655-GW-E. I agree to comply with and to be bound by all the terms of this

626 15

Cas Stipulated Protective Order and I understand and acknowledge that failure to so

2 oo 16 Pp

Ce 4

> S 0 comply could expose me to sanctions and punishment in the nature of contempt. I

3 : 8 solemnly promise that I will not disclose in any manner any information or item that

Z 19 is subject to this Stipulated Protective Order to any person or entity except in strict

aI 40 compliance with the provisions of this Order.

51 I further agree to submit to the jurisdiction of the United States District Court

39 for the Central District of California for the purpose of enforcing the terms of this

33 Stipulated Protective Order, even if such enforcement proceedings occur after

54 termination of this action. I hereby appoint [print or type

35 full name] of

46 [print or type full address and telephone number] as my California agent for service

og ff

STIPULATED PROTECTIVE ORDER

Case No. 2:22-cv-02655-GW-E

MIA 31596974v1

MIA 31596974v2

28 -18 -

STIPULATED PROTECTIVE ORDER

Case No. 2:22-cv-02655-GW-E

MIA 31596974v1

MIA 31596974v2

PLL NAVAL & KCOORTS & KCOORTS

ROOLF HT81 ,TSAE KRAP YRUTNEC 9202

6803-76009 AC ,SELEGNA SOL

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 18 of 20 Page ID #:205

of process in connection with this action or any proceedings related to enforcement

of this Stipulated Protective Order.

Date: _________________________

City and State where sworn and signed: ___________________________________

Printed name: _____________________________

Signature: ________________________________

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 19 of 20 Page ID #:206

ECF SIGNATURE CERTIFICATION

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative

Policies and Procedures Manual, I hereby certify that the content of this document is

acceptable to Ryan L. McBride, counsel for Plaintiff, and that I have obtained his

authorization to affix his electronic signature to this document.

Dated: January 26, 2023 s/ Alice Kwak

9 Alice Kwak

28 -19 -

ECF SIGNATURE CERTIFICATION

Case No. 2:22-cv-02655-GW-E

MIA 31596974v1

MIA 31596974v2

Case 2:22-cv-02655-SSS-E Document 34 Filed 01/27/23 Page 20 of 20 Page ID #:207

CERTIFICATE OF SERVICE

I hereby certify that on January 26, 2023 a copy of the foregoing

STIPULATED PROTECTIVE ORDER was filed electronically. Notice of this

filing will be sent by e-mail to all parties by operation of the court’s electronic filing

system or by mail to anyone unable to accept electronic filing as indicated on the

Notice of Electronic Filing. Parties may access this filing through the court’s

CM/ECF System.

/s/ Alice Kwak

10 Alice Kwak

28 -20 -

CERTIFICATE OF SERVICE

Case No. 2:22-cv-02655-GW-E

MIA 31596974v1

MIA 31596974v2

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.