finding 21 information that implicates private financial information is “presumptively 22 privileged”
How later courts described this case
- finding 21 information that implicates private financial information is “presumptively 22 privileged”
- noting that the 23 existence of a constitutionally protected “zone of privacy” is firmly established by 24 the Supreme Court
- “Congress has 19 expressed a strong interest in protecting the privacy of consumers’ financial 20 information.”
Written by the judges who cited it.
The opinion
1 STROOCK & STROOCK & LAVAN LLP
STEPHEN NEWMAN (State Bar No. 181570)
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
5
Attorneys for Defendant
6 AMERICAN EXPRESS NATIONAL BANK,
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
JAMSHID NAEBZADEH, ) Case No. 8:23-cv-00481-JWH (ADSx)
11
)
Plaintiff, ) [Assigned to the Hon. John W.
12 ) Holcomb]
13 v. )
) STIPULATED PROTECTIVE
AMERICAN EXPRESS NATIONAL
14 BANK; BARCLAYS BANK ) ORDER
DELAWARE; and EXPERIAN )
15 INFORMATION SOLUTIONS, INC., )
)
16 Defendants. )
)
17 )
)
18
)
19 )
)
20
21
22
23
24
25
26
27
28
1 1. PURPOSES AND LIMITATIONS
2 Discovery in this action is likely to involve production of confidential,
3 proprietary, or private information for which special protection from public
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 2. 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
28
1 materials, to adequately protect information the parties are entitled to keep
2 confidential, to ensure that the parties are permitted reasonable necessary uses of
3 such material in preparation for and in the conduct of trial, to address their handling
4 at the end of the litigation, and to serve the ends of justice, a protective order for such
5 information is justified in this matter. It is the intent of the parties that information
6 will not be designated as confidential for tactical reasons and that nothing be so
7 designated without a good faith belief that it has been maintained in a confidential,
8 non-public manner, and there is good cause why it should not be part of the public
9 record of this case.
10 3. DEFINITIONS
11 3.1 Action: this pending federal lawsuit, captioned Jamshid Naebzadeh v.
12 American Express National Bank, et al., Case No. 8:23-cv-00481-JWH (ADSx).
13 3.2 Challenging Party: a Party or Non-Party that challenges the designation
14 of information or items under this Order.
15 3.3 “CONFIDENTIAL” Information or Items: information (regardless of
16 how it is generated, stored or maintained) or tangible things that qualify for
17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the
18 Good Cause Statement.
19 3.4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
20 Items: extremely sensitive and/or proprietary “CONFIDENTIAL” Information or
21 Items, the disclosure of which to another Party or Non-Party would create a
22 substantial risk of serious harm that could not be avoided by less restrictive means.
23 3.5 Counsel: Outside Counsel of Record and House Counsel (as well as
24 their support staff).
25 3.6 Designating Party: a Party or Non-Party that designates information or
26 items that it produces in disclosures or in responses to discovery as
27 “CONFIDENTIAL” or “CONFIDIENTIAL – ATTORNEYS’ EYES ONLY”.
28
1 3.7 Disclosure or Discovery Material: all items or information, regardless of
2 the medium or manner in which it is generated, stored, or maintained (including,
3 among other things, testimony, transcripts, and tangible things), that are produced or
4 generated in disclosures or responses to discovery in this matter.
5 3.8 Expert: a person with specialized knowledge or experience in a matter
6 pertinent to the litigation who has been retained by a Party or its counsel to serve as
7 an expert witness or as a consultant in this Action.
8 3.9 House Counsel: attorneys who are employees of a party to this Action.
9 House Counsel does not include Outside Counsel of Record or any other outside
10 counsel.
11 3.10 Non-Party: any natural person, partnership, corporation, association, or
12 other legal entity not named as a Party to this action.
13 3.11 Outside Counsel of Record: attorneys who are not employees of a party
14 to this Action but are retained to represent or advise a party to this Action and have
15 appeared in this Action on behalf of that party or are affiliated with a law firm which
16 has appeared on behalf of that party, and includes support staff.
17 3.12 Party: any party to this Action, including all of its officers, directors,
18 employees, consultants, retained experts, House Counsel, and Outside Counsel of
19 Record (and their support staffs).
20 3.13 Producing Party: a Party or Non-Party that produces Disclosure or
21 Discovery Material in this Action.
22 3.14 Professional Vendors: persons or entities that provide litigation support
23 services (e.g., photocopying, videotaping, translating, preparing exhibits or
24 demonstrations, and organizing, storing, or retrieving data in any form or medium)
25 and their employees and subcontractors.
26 3.15 Protected Material: any Disclosure or Discovery Material that is
27 designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
28 ONLY”.
1 3.16 Receiving Party: a Party that receives Disclosure or Discovery Material
2 from a Producing Party.
3 4. SCOPE
4 The protections conferred by this Stipulation and Order cover not only
5 Protected Material (as defined above), but also (1) any information copied or
6 extracted from Protected Material; (2) all copies, excerpts, summaries, or
7 compilations of Protected Material; and (3) any testimony, conversations, or
8 presentations by Parties or their Counsel that might reveal Protected Material.
9 Any use of Protected Material at trial shall be governed by the orders of the
10 trial judge. This Order does not govern the use of Protected Material at trial.
11 5. DURATION
12 Even after final disposition of this litigation, the confidentiality obligations
13 imposed by this Order shall remain in effect until a Designating Party agrees
14 otherwise in writing or a court order otherwise directs. Final disposition shall be
15 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
16 or without prejudice; and (2) final judgment herein after the completion and
17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
18 including the time limits for filing any motions or applications for extension of time
19 pursuant to applicable law.
20
21
22
23
24
25
26
27
28
1 6. DESIGNATING PROTECTED MATERIAL
2 6.1 Exercise of Restraint and Care in Designating Material for Protection.
3 Each Party or Non-Party that designates information or items for protection
4 under this Order must take care to limit any such designation to specific material that
5 qualifies under the appropriate standards. The Designating Party must designate for
6 protection only those parts of material, documents, items, or oral or written
7 communications that qualify so that other portions of the material, documents, items,
8 communications for which protection is not warranted are not swept unjustifiably
9 within the ambit of this Order.
10 Mass, indiscriminate, or routinized designations are prohibited. Designations
11 that are shown to be clearly unjustified or that have been made for an improper
12 purpose (e.g., to unnecessarily encumber the case development process or to impose
13 unnecessary expenses and burdens on other parties) may expose the Designating
14 Party to sanctions.
15 If it comes to a Designating Party’s attention that information or items that it
16 designated for protection do not qualify for protection, that Designating Party must
17 promptly notify all other Parties that it is withdrawing the inapplicable designation.
18 6.2 Manner and Timing of Designations. Except as otherwise provided in
19 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
20 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
21 under this Order must be clearly so designated before the material is disclosed or
22 produced.
23 Designation in conformity with this Order requires:
24 (a) for information in documentary form (e.g., paper or electronic
25 documents, but excluding transcripts of depositions or other pretrial or trial
26 proceedings), that the Producing Party affix at a minimum, the legend
27 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”, to each
28 page that contains protected material. If only a portion or portions of the material on
1 a page qualifies for protection, the Producing Party also must clearly identify the
2 protected portion(s) (e.g., by making appropriate markings in the margins).
3 A Party or Non-Party that makes original documents available for inspection
4 need not designate them for protection until after the inspecting Party has indicated
5 which documents it would like copied and produced. During the inspection and
6 before the designation, all of the material made available for inspection shall be
7 deemed “CONFIDENTIAL,” unless the Producing Party indicates that all or some
8 portion of the material must be treated as “CONFIDENTIAL – ATTORNEYS’
9 EYES ONLY” during the inspection. After the inspecting Party has identified the
10 documents it wants copied and produced, the Producing Party must determine which
11 documents, or portions thereof, qualify for protection under this Order. Then, before
12 producing the specified documents, the Producing Party must affix the legend
13 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each
14 page that contains Protected Material. If only a portion or portions of the material on
15 a page qualifies for protection, the Producing Party also must clearly identify the
16 protected portion(s) (e.g., by making appropriate markings in the margins).
17 (b) for testimony given in depositions, the entire transcript shall be
18 treated as Protected Material for thirty (30) days following receipt by all Parties of
19 the transcript. By default during this period, the entire transcript will be treated as
20 CONFIDENTIAL, unless a Party designates it at a higher level of confidentiality
21 before the close of the deposition. Any Party wishing to designate portions of the
22 transcript or the exhibits attached thereto as Protected Material must do so within
23 those thirty (30) days.
24 (c) for information produced in some form other than documentary
25 and for any other tangible items, that the Producing Party affix in a prominent place
26 on the exterior of the container or containers in which the information is stored the
27 legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
28
1 If only a portion or portions of the information warrants protection, the Producing
2 Party, to the extent practicable, shall identify the protected portion(s).
3 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
4 failure to designate qualified information or items does not, standing alone, waive the
5 Designating Party’s right to secure protection under this Order for such material.
6 Upon timely correction of a designation, the Receiving Party must make reasonable
7 efforts to assure that the material is treated in accordance with the provisions of this
8 Order.
9 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
10 7.1 Timing of Challenges. Any Party or Non-Party may challenge a
11 designation of confidentiality at any time that is consistent with the Court’s
12 Scheduling Order.
13 7.2 Meet and Confer. The Challenging Party shall initiate the dispute
14 resolution process under Local Rule 37-1 et seq. or follow the procedures for
15 informal, telephonic discovery hearings on the Court’s website.
16 7.3 The burden of persuasion in any such challenge proceeding shall be on
17 the Designating Party. Frivolous challenges, and those made for an improper purpose
18 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
19 expose the Challenging Party to sanctions. Unless the Designating Party has waived
20 or withdrawn the confidentiality designation, all parties shall continue to afford the
21 material in question the level of protection to which it is entitled under the Producing
22 Party’s designation until the Court rules on the challenge.
23 8. ACCESS TO AND USE OF PROTECTED MATERIAL
24 8.1 Basic Principles. A Receiving Party may use Protected Material that is
25 disclosed or produced by another Party or by a Non-Party in connection with this
26 Action only for prosecuting, defending, or attempting to settle this Action. Such
27 Protected Material may be disclosed only to the categories of persons and under the
28 conditions described in this Order. When the Action has been terminated, a
1 Receiving Party must comply with the provisions of section 13 below (FINAL
2 DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 location and in a secure manner that ensures that access is limited to the persons
5 authorized under this Stipulated Protective Order.
6 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
7 otherwise ordered by the court or permitted in writing by the Designating Party, a
8 Receiving Party may disclose any information or item designated
9 “CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action,
11 as well as employees of said Outside Counsel of Record to whom it is reasonably
12 necessary to disclose the information for this Action;
13 (b) the officers, directors, and employees (including House Counsel)
14 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
15 (c) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (d) the court and its personnel;
19 (e) court reporters and their staff;
20 (f) professional jury or trial consultants, mock jurors, and
21 Professional Vendors to whom disclosure is reasonably necessary for this Action and
22 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
23 (g) the author or recipient of a document containing the information
24 or a custodian or other person who otherwise possessed or knew the information;
25 (h) during their depositions, witnesses ,and attorneys for witnesses, in
26 the Action to whom disclosure is reasonably necessary provided: (1) the deposing
27 party requests that the witness sign the form attached as Exhibit A hereto; and (2)
28 they will not be permitted to keep any confidential information unless they sign the
1 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
2 agreed by the Designating Party or ordered by the court. Pages of transcribed
3 deposition testimony or exhibits to depositions that reveal Protected Material may be
4 separately bound by the court reporter and may not be disclosed to anyone except as
5 permitted under this Stipulated Protective Order; and
6 (i) any mediator or settlement officer, and their supporting
7 personnel, mutually agreed upon by any of the parties engaged in settlement
8 discussions.
9 8.3 Disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
10 Information or Items. Unless otherwise ordered by the court or permitted in writing
11 by the Designating Party, a Receiving Party may disclose any information or item
12 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
13 (a) the Receiving Party’s Outside Counsel of Record in this Action,
14 as well as employees of said Outside Counsel of Record to whom it is reasonably
15 necessary to disclose the information for this Action;
16 (b) Experts (as defined in this Order) of the Receiving Party to whom
17 disclosure is reasonably necessary for this Action and who have signed the
18 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19 (c) the court and its personnel;
20 (d) court reporters and their staff;
21 (e) professional jury or trial consultants, mock jurors, and
22 Professional Vendors to whom disclosure is reasonably necessary for this Action and
23 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (f) the author or recipient of a document containing the information
25 or a custodian or other person who otherwise possessed or knew the information;
26 (g) during their depositions, witnesses ,and attorneys for witnesses, in
27 the Action to whom disclosure is reasonably necessary provided: (1) the witness is
28 eligible to see it based on its confidentiality designation, (2) the deposing party
1 requests that the witness sign the form attached as Exhibit A hereto; and (3) they will
2 not be permitted to keep any confidential information unless they sign the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
4 agreed by the Designating Party or ordered by the court. Pages of transcribed
5 deposition testimony or exhibits to depositions that reveal Protected Material may be
6 separately bound by the court reporter and may not be disclosed to anyone except as
7 permitted under this Stipulated Protective Order; and
8 (h) any mediator or settlement officer, and their supporting
9 personnel, mutually agreed upon by any of the parties engaged in settlement
10 discussions.
11 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED
12 PRODUCED IN OTHER LITIGATION
13 If a Party is served with a subpoena or a court order issued in other litigation
14 that compels disclosure of any information or items designated in this Action as
15 “CONFIDENTIAL,” that Party must:
16 (a) promptly notify in writing the Designating Party. Such
17 notification shall include a copy of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or
19 order to issue in the other litigation that some or all of the material covered by the
20 subpoena or order is subject to this Protective Order. Such notification shall include a
21 copy of this Stipulated Protective Order; and
22 (c) cooperate with respect to all reasonable procedures sought to be
23 pursued by the Designating Party whose Protected Material may be affected.
24 If the Designating Party timely seeks a protective order, the Party served with
25 the subpoena or court order shall not produce any information designated in this
26 action as “CONFIDENTIAL” before a determination by the court from which the
27 subpoena or order issued, unless the Party has obtained the Designating Party’s
28 permission. The Designating Party shall bear the burden and expense of seeking
1 protection in that court of its confidential material and nothing in these provisions
2 should be construed as authorizing or encouraging a Receiving Party in this Action to
3 disobey a lawful directive from another court.
4 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
5 PRODUCED IN THIS LITIGATION
6 (a) The terms of this Order are applicable to information produced by
7 a Non-Party in this Action and designated as Protected Material. Such information
8 produced by Non-Parties in connection with this litigation is protected by the
9 remedies and relief provided by this Order. Nothing in these provisions should be
10 construed as prohibiting a Non-Party from seeking additional protections.
11 (b) In the event that a Party is required, by a valid discovery request,
12 to produce a Non-Party’s confidential information in its possession, and the Party is
13 subject to an agreement with the Non-Party not to produce the Non-Party’s
14 confidential information, then the Party shall:
15 (1) promptly notify in writing the Requesting Party and the
16 Non-Party that some or all of the information requested is subject to a confidentiality
17 agreement with a Non-Party;
18 (2) promptly provide the Non-Party with a copy of the
19 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
20 reasonably specific description of the information requested; and
21 (3) make the information requested available for inspection by
22 the Non-Party, if requested.
23 (c) If the Non-Party fails to seek a protective order from this court
24 within fourteen (14) days of receiving the notice and accompanying information, the
25 Receiving Party may produce the Non-Party’s confidential information responsive to
26 the discovery request. If the Non-Party timely seeks a protective order, the Receiving
27 Party shall not produce any information in its possession or control that is subject to
28 the confidentiality agreement with the Non-Party before a determination by the court.
1 Absent a court order to the contrary, the Non-Party shall bear the burden and expense
2 of seeking protection in this court of its Protected Material.
3 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
5 Protected Material to any person or in any circumstance not authorized under this
6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
9 persons to whom unauthorized disclosures were made of all the terms of this Order,
10 and (d) request such person or persons to execute the “Acknowledgment and
11 Agreement to Be Bound” that is attached hereto as Exhibit A.
12 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
13 PROTECTED MATERIAL
14 When a Producing Party gives notice to Receiving Parties that certain
15 inadvertently produced material is subject to a claim of privilege or other protection,
16 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
17 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
18 may be established in an e-discovery order that provides for production without prior
19 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
20 parties reach an agreement on the effect of disclosure of a communication or
21 information covered by the attorney-client privilege or work product protection, the
22 parties may incorporate their agreement in a stipulated protective order submitted to
23 the court.
24 13. MISCELLANEOUS
25 13.1 Right to Further Relief. Nothing in this Order abridges the right of any
26 person to seek its modification by the Court in the future.
27 13.2 Right to Assert Other Objections. By stipulating to the entry of this
28 Order no Party waives any right it otherwise would have to object to disclosing or
1 producing any information or item on any ground not addressed in this Stipulated
2 Protective Order. Similarly, no Party waives any right to object on any ground to use
3 in evidence of any of the material covered by this Order.
4 13.3 Filing Protected Material. A Party that seeks to file under seal any
5 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
6 only be filed under seal pursuant to a court order authorizing the sealing of the
7 specific Protected Material at issue. If a Party’s request to file Protected Material
8 under seal is denied by the court, then the Receiving Party may file the information
9 in the public record unless otherwise instructed by the court.
10 12.4 Production of Third-Party Confidential Account Information. The
11 parties acknowledge that this action concerns non-public, private and confidential
12 American Express card account information of third parties. Those third parties have
13 a legitimate expectation and/or right of privacy in their personal, non-public,
14 financial information represented on American Express card account statements
15 pursuant to constitution, statute, such as the Gramm-Leach-Bliley Act, 15 U.S.C. §
16 6801, et seq., and 12 C.F.R. Part 1016 et seq., and the Fair and Accurate Credit
17 Transactions Act, 15 U.S.C. § 1601 et seq., and/or case law, such as Marks v. Global
18 Mortgage Group, Inc., 218 F.R.D. 492, 497 (S.D. W. Va. 2003) (“Congress has
19 expressed a strong interest in protecting the privacy of consumers’ financial
20 information.”); Davis v. Leal, 43 F. Supp. 2d 1102, 1111 (E.D. Cal. 1999) (finding
21 information that implicates private financial information is “presumptively
22 privileged”); In re Crawford, 194 F.3d 954, 958-59 (9th Cir. 1999) (noting that the
23 existence of a constitutionally protected “zone of privacy” is firmly established by
24 the Supreme Court). Indeed, under the Gramm-Leach-Bliley Act (“GLBA”),
25 American Express is prohibited from “disclos[ing] to a nonaffiliated third party any
26 nonpublic personal information” relating to its customers, unless an exception to
27 GLBA applies. 15 U.S.C. § 6802(a). “Personally identifiable financial information”
28 means any information, in the context of the provision of a financial product or
1 service, that (1) a consumer gives to a financial institution, (2) is about a consumer’s
2 transaction, or (3) a financial institution obtains from a consumer. 16 C.F.R. §
3 313.3(o)(1); see also 15 U.S.C. § 6809(4)(A)(i)-(iii). Even the fact that an individual
4 is or has been the customer of a financial institution constitutes “personally
5 identifiable financial information” under GLBA’s implementing regulation. See 16
6 C.F.R. § 313(o). Through entry of this Order, American Express is permitted to
7 disclose records relating to the American Express card accounts to which payments
8 at issue in this action were made, notwithstanding that those account records contain
9 information in which third parties may have a legitimate expectation and/or right of
10 privacy pursuant to federal and state constitutions, statute or case law.
11 14. FINAL DISPOSITION
12 After the final disposition of this Action, as defined in Section 4, within sixty
13 (60) days of a written request by the Designating Party, each Receiving Party must
14 return all Protected Material to the Producing Party or destroy such material. As used
15 in this subdivision, “all Protected Material” includes all copies, abstracts,
16 compilations, summaries, and any other format reproducing or capturing any of the
17 Protected Material. Whether the Protected Material is returned or destroyed, the
18 Receiving Party must submit a written certification to the Producing Party (and, if
19 not the same person or entity, to the Designating Party) by the 60 day deadline that
20 (1) identifies (by category, where appropriate) all the Protected Material that was
21 returned or destroyed and (2) affirms that the Receiving Party has not retained any
22 copies, abstracts, compilations, summaries or any other format reproducing or
23 capturing any of the Protected Material. Notwithstanding this provision, Counsel are
24 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
25 and hearing transcripts, legal memoranda, correspondence, deposition and trial
26 exhibits, expert reports, attorney work product, and consultant and expert work
27 product, even if such materials contain Protected Material. Any such archival copies
28
1 that contain or constitute Protected Material remain subject to this Protective Order
2 as set forth in Section 4 (DURATION).
3 15. Any violation of this Stipulated Order may be punished by any and all
4 appropriate measures including, without limitation, contempt proceedings and/or
5 monetary sanctions.
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
Dated: June 6, 2023 STROOCK & STROOCK & LAVAN LLP
8
STEPHEN J. NEWMAN
9 ALICE KWAK
10
By: /s/ Alice Kwak
11 Alice Kwak
12
Attorneys for Defendant
13
AMERICAN EXPRESS NATIONAL
14 BANK
15
16 Dated: June 6, 2023 M GAC RC RA ER TT TH CY H L AA RW IT P YLC
17
18 By: /s/ Garrett Charity
Garrett Charity
19
20 Attorneys for Plaintiff
JAMSHID NAEBZADEH
21
22
23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
24
Dated: 6/12/2023____________ __/s/ Autumn D. Spaeth______
25 Hon. Autumn D. Spaeth
26 U.S. Magistrate Judge
27
28
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, ____________________ [print or type full name], of _________________
4 [print or type full address], declare under penalty of perjury that I have read in its
5 entirety and understand the Stipulated Protective Order that was issued by the United
6 States District Court for the Central District of California on _____________ [date]
7 in the case of Jamshid Naebzadeh v. American Express National Bank, et al., Case
8 No. 8:23-cv-00481-JWH (ADSx). I agree to comply with and to be bound by all the
9 terms of this Stipulated Protective Order and I understand and acknowledge that
10 failure to so comply could expose me to sanctions and punishment in the nature of
11 contempt. I solemnly promise that I will not disclose in any manner any information
12 or item that is subject to this Stipulated Protective Order to any person or entity
13 except in strict compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central District of California for the purpose of enforcing the terms of this
16 Stipulated Protective Order, even if such enforcement proceedings occur after
17 termination of this action. I hereby appoint ____________________ [print or type
18 full name] of _____________________________________________________
19 [print or type full address and telephone number] as my California agent for service
20 of process in connection with this action or any proceedings related to enforcement
21 of this Stipulated Protective Order.
22 Date: _________________________
23 City and State where sworn and signed: ___________________________________
24 Printed name: _____________________________
25 Signature: ________________________________
26
27
28
1 ECF SIGNATURE CERTIFICATION
Pursuant to Local Rule 5-4.3.4, I hereby certify that the content of this
2
document is acceptable to Garrett Charity, counsel for Plaintiff, and that I have
3
obtained his authorization to affix his electronic signature to this document.
4
5
Dated: June 6, 2023 s/ Alice Kwak
6
Alice Kwak
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 CERTIFICATE OF SERVICE
2 I hereby certify that on June 6, 2023 a copy of the foregoing STIPULATED
3 PROTECTIVE ORDER was filed electronically. Notice of this filing will be sent
4 by e-mail to all parties by operation of the court’s electronic filing system or by mail
5 to anyone unable to accept electronic filing as indicated on the Notice of Electronic
6 Filing. Parties may access this filing through the court’s CM/ECF System.
7
/s/ Alice Kwak
8
Alice Kwak
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28