Kym Torrence v. Wells Fargo Bank, N.A. ( 2019 )

1 SHEPPARD, MULLIN, RICHTER SCHERWIN LAW FIRM & HAMPTON LLP 2 Thomas R. Kaufman, (SBN 177936) Jeremy D. Scherwin, Esq. (SBN 274632) tkaufman@sheppardmullin.com jscherwin@scherwinlaw.com 3 Paul Berkowitz, (SBN 251077) 1055 West 7th St., PH 33 4 p 1b 9e 0r 1k Aow veit nz u@ e s oh fe tp hp ea Srd tam rsu ,l l Sin u. ic teo m 1600 Los Angeles, California 90017 Telephone: 213.297.8777 Los Angeles, California 90067 5 Telephone: 310.228.3700 Facsimile: 213.318.0512 Facsimile: 310.228.3701 6 7 Y.Douglas Yang, (SBN 307550) Attorneys for Plaintiff dyang@sheppardmullin.com 8 333 South Hope Street, 43rd Floor KYM TORRENCE Los Angeles, California 90071 9 Telephone: 213.620.1780 Facsimile: 213.620.1398 10 Attorneys for Defendant 11 WELLS FARGO BANK, N.A. 12 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 KYM TORRENCE, an individual, Case No. 2:19-cv-03202-DMG (ASx) 17 18 Plaintiff, PROTECTIVE ORDER 19 v. 20 WELLS FARGO BANK, N.A., a Complaint Filed: April 2, 2019 business entity, exact form unknown; 21 DOES 1-25, inclusive 22 Defendants. 23 24 25 26 27 28 SMRH:4832-7101-3279.1 -1- 1 TO THE HONORABLE COURT, ALL PARTIES AND THEIR 2 ATTORNEYS OF RECORD: 3 In order to facilitate discovery in the above-caption matter, Plaintiff Kym 4 Torrence (“Plaintiff”) and Defendant Wells Fargo Bank, N.A. (“Defendant”) 5 (collectively, “the parties”) hereby agree to the following Jointly Stipulated 6 Protective Order concerning the CONFIDENTIAL treatment of certain documents 7 and information. 8 1. PURPOSES AND LIMITATIONS 9 Disclosure and discovery activity in this action are likely to involve 10 production of confidential, proprietary, or private information for which special 11 protection from public disclosure and from use for any purpose other than 12 prosecuting this litigation may be warranted. Accordingly, the parties hereby 13 stipulate to and petition the court to enter the following Stipulated Protective Order. 14 The parties acknowledge that this Order does not confer blanket protections on all 15 disclosures or responses to discovery and that the protection it affords from public 16 disclosure and use extends only to the limited information or items that are entitled 17 to confidential treatment under the applicable legal principles. The parties further 18 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective 19 Order does not entitle them to file confidential information under seal; Civil Local 20 Rule 79-5 sets forth the procedures that must be followed and the standards that will 21 be applied when a party seeks permission from the court to file material under seal. 22 It is the intent of the parties that information will not be designated as 23 confidential for tactical reasons and that nothing be so designated without a good 24 faith belief that it has been maintained in a confidential, non-public manner, and 25 there is good cause why it should not be part of the public record of this case. 26 1.1 Good Cause For a Protective Order 27 Good cause exists for a Protective Order because both Plaintiff and 28 Defendant’s document productions disclose information relating to (1) private bank customer information, such as account numbers and photographs of bank SMRH:4832-7101-3279.1 -2- 1 customers; (2) Plaintiff’s Personally Identifiable Information (“PII”); (3) the PII of 2 non-party employees of Defendant; (4) the confidential business practices of 3 Defendant, which Defendant safeguards as a means to ensure competitiveness in 4 the financial industry; and (5) Defendant’s confidential investigation practices 5 relating to lost, misplaced, and stolen monies. See Harmon v. City of Santa Clara, 6 323 F.R.D. 617, 623 (N.D. Cal. 2018) (identifying privacy interests, among others 7 when considering existence of good cause); Nutratech, Inc. v. Syntech (SSPF) Int'l, 8 Inc., 242 F.R.D. 552, 554 (C.D. Cal. 2007) (recognizing trade secrets and 9 confidential business information as legitimate categories of information subject to 10 protection). 11 2. DEFINITIONS 12 2.1 Challenging Party: a Party or Non-Party that challenges the 13 designation of information or items under this Order. 14 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 15 how it is generated, stored or maintained) or tangible things that qualify for 16 protection under Federal Rule of Civil Procedure 26(c). 17 2.3 Counsel (without qualifier): Outside Counsel of Record and House 18 Counsel (as well as their support staff). 19 2.4 Designating Party: a Party or Non-Party that designates information or 20 items that it produces in disclosures or in responses to discovery as 21 “CONFIDENTIAL.” 22 2.5 Disclosure or Discovery Material: all items or information, regardless 23 of the medium or manner in which it is generated, stored, or maintained (including, 24 among other things, testimony, transcripts, and tangible things), that are produced 25 or generated in disclosures or responses to discovery in this matter. 26 2.6 Expert: a person with specialized knowledge or experience in a matter 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as 28 an expert witness or as a consultant in this action. SMRH:4832-7101-3279.1 -3- 1 2.7 House Counsel: attorneys who are employees of a party to this action. 2 House Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.8 Non-Party: any natural person, partnership, corporation, association, 5 or other legal entity not named as a Party to this action. 6 2.9 Outside Counsel of Record: attorneys who are not employees of a party 7 to this action but are retained to represent or advise a party to this action and have 8 appeared in this action on behalf of that party or are affiliated with a law firm which 9 has appeared on behalf of that party. 10 2.10 Party: any party to this action, including all of its officers, directors, 11 employees, consultants, retained experts, and Outside Counsel of Record (and their 12 support staffs). 13 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 14 Discovery Material in this action. 15 2.12 Professional Vendors: persons or entities that provide litigation 16 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 17 demonstrations, and organizing, storing, or retrieving data in any form or medium) 18 and their employees and subcontractors. 19 2.13 Protected Material: any Disclosure or Discovery Material that is 20 designated as “CONFIDENTIAL.” 21 2.14 Receiving Party: a Party that receives Disclosure or Discovery 22 Material from a Producing Party. 23 3. SCOPE 24 The protections conferred by this Stipulation and Order cover not only 25 Protected Material (as defined above), but also (1) any information copied or 26 extracted from Protected Material; (2) all copies, excerpts, summaries, or 27 compilations of Protected Material; and (3) any testimony, conversations, or 28 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the SMRH:4832-7101-3279.1 -4- 1 following information: (a) any information that is in the public domain at the time 2 of disclosure to a Receiving Party or becomes part of the public domain after its 3 disclosure to a Receiving Party as a result of publication not involving a violation 4 of this Order, including becoming part of the public record through trial or 5 otherwise; and (b) any information known to the Receiving Party prior to the 6 disclosure or obtained by the Receiving Party after the disclosure from a source who 7 obtained the information lawfully and under no obligation of confidentiality to the 8 Designating Party. Any use of Protected Material at trial shall be governed by a 9 separate agreement or order. 10 4. DURATION 11 Even after final disposition of this litigation, the confidentiality obligations 12 imposed by this Order shall remain in effect until a Designating Party agrees 13 otherwise in writing or a court order otherwise directs. Final disposition shall be 14 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 15 or without prejudice; and (2) final judgment herein after the completion and 16 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 17 including the time limits for filing any motions or applications for extension of time 18 pursuant to applicable law. 19 5. DESIGNATING PROTECTED MATERIAL 20 5.1 Exercise of Restraint and Care in Designating Material for Protection. 21 Each Party or Non-Party that designates information or items for protection under 22 this Order must take care to limit any such designation to specific material that 23 qualifies under the appropriate standards. The Designating Party must designate for 24 protection only those parts of material, documents, items, or oral or written 25 communications that qualify – so that other portions of the material, documents, 26 items, or communications for which protection is not warranted are not swept 27 unjustifiably within the ambit of this Order. 28 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper SMRH:4832-7101-3279.1 -5- 1 purpose (e.g., to unnecessarily encumber or retard the case development process or 2 to impose unnecessary expenses and burdens on other parties) expose the 3 Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that it 5 designated for protection do not qualify for protection, that Designating Party must 6 promptly notify all other Parties that it is withdrawing the mistaken designation. 7 5.2 Manner and Timing of Designations. Except as otherwise provided in this 8 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 9 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 10 under this Order must be clearly so designated before the material is disclosed or 11 produced. 12 Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 documents, but excluding transcripts of depositions or other pretrial or trial 15 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 16 page that contains protected material. If only a portion or portions of the material on 17 a page qualifies for protection, the Producing Party also must clearly identify the 18 protected portion(s) (e.g., by making appropriate markings in the margins). 19 A Party or Non-Party that makes original documents or materials 20 available for inspection need not designate them for protection until after the 21 inspecting Party has indicated which material it would like copied and produced. 22 During the inspection and before the designation, all of the material made available 23 for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 24 identified the documents it wants copied and produced, the Producing Party must 25 determine which documents, or portions thereof, qualify for protection under this 26 Order. Then, before producing the specified documents, the Producing Party must 27 affix the “CONFIDENTIAL” legend to each page that contains Protected Material. 28 If only a portion or portions of the material on a page qualifies for protection, the SMRH:4832-7101-3279.1 -6- 1 Producing Party also must clearly identify the protected portion(s) (e.g., by making 2 appropriate markings in the margins). 3 (b) for testimony given in deposition or in other pretrial or trial 4 proceedings, that the Designating Party identify on the record, before the close of 5 the deposition, hearing, or other proceeding, all protected testimony. 6 (c) for information produced in some form other than documentary and 7 for any other tangible items, that the Producing Party affix in a prominent place on 8 the exterior of the container or containers in which the information or item is stored 9 the legend “CONFIDENTIAL.” If only a portion or portions of the information or 10 item warrant protection, the Producing Party, to the extent practicable, shall identify 11 the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 13 failure to designate qualified information or items does not, standing alone, waive 14 the Designating Party’s right to secure protection under this Order for such material. 15 Upon timely correction of a designation, the Receiving Party must make reasonable 16 efforts to assure that the material is treated in accordance with the provisions of this 17 Order. 18 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 19 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 20 designation of confidentiality at any time that is consistent with the Court’s 21 Scheduling Order. Unless a prompt challenge to a Designating Party’s 22 confidentiality designation is necessary to avoid foreseeable, substantial unfairness, 23 unnecessary economic burdens, or a significant disruption or delay of the litigation, 24 a Party does not waive its right to challenge a confidentiality designation by electing 25 not to mount a challenge promptly after the original designation is disclosed. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 27 resolution process by providing written notice of each designation it is challenging 28 and describing the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the challenge to SMRH:4832-7101-3279.1 -7- 1 confidentiality is being made in accordance with this specific paragraph of the 2 Protective Order. The parties shall attempt to resolve each challenge in good faith 3 and must begin the process by conferring directly (in voice to voice dialogue; other 4 forms of communication are not sufficient) within 14 days of the date of service of 5 notice. In conferring, the Challenging Party must explain the basis for its belief that 6 the confidentiality designation was not proper and must give the Designating Party 7 an opportunity to review the designated material, to reconsider the circumstances, 8 and, if no change in designation is offered, to explain the basis for the chosen 9 designation. A Challenging Party may proceed to the next stage of the challenge 10 process only if it has engaged in this meet and confer process first or establishes 11 that the Designating Party is unwilling to participate in the meet and confer process 12 in a timely manner. 13 6.3 Judicial Intervention. If the Parties cannot resolve a challenge 14 without court intervention, the Designating Party shall file and serve a motion to 15 retain confidentiality under Civil Local Rules 7-4 through 7-8 (and in compliance 16 with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of 17 challenge or within 14 days of the parties agreeing that the meet and confer process 18 will not resolve their dispute, whichever is earlier. Each such motion must be 19 accompanied by a competent declaration affirming that the movant has complied 20 with the meet and confer requirements imposed in the preceding paragraph. Failure 21 by the Designating Party to make such a motion including the required declaration 22 within 21 days (or 14 days, if applicable) shall automatically waive the 23 confidentiality designation for each challenged designation. In addition, the 24 Challenging Party may file a motion challenging a confidentiality designation at 25 any time if there is good cause for doing so, including a challenge to the designation 26 of a deposition transcript or any portions thereof. Any motion brought pursuant to 27 this provision must be accompanied by a competent declaration affirming that the 28 movant has complied with the meet and confer requirements imposed by the preceding paragraph. SMRH:4832-7101-3279.1 -8- 1 The burden of persuasion in any such challenge proceeding shall be on the 2 Designating Party. Frivolous challenges, and those made for an improper purpose 3 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 4 expose the Challenging Party to sanctions. Unless the Designating Party has waived 5 or withdrawn the confidentiality designation, all parties shall continue to afford the 6 material in question the level of protection to which it is entitled under the 7 Producing Party’s designation until the Court rules on the challenge. 8 7. ACCESS TO AND USE OF PROTECTED MATERIAL 9 7.1 Basic Principles. A Receiving Party may use Protected Material that is 10 disclosed or produced by another Party or by a Non-Party in connection with this 11 case only for prosecuting, defending, or attempting to settle this litigation. Such 12 Protected Material may be disclosed only to the categories of persons and under the 13 conditions described in this Order. When the litigation has been terminated, a 14 Receiving Party must comply with the provisions of section 13 below (FINAL 15 DISPOSITION). 16 Protected Material must be stored and maintained by a Receiving Party at a 17 location and in a secure manner that ensures that access is limited to the persons 18 authorized under this Order. 19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. 20 Unless otherwise ordered by the court or permitted in writing by the 21 Designating Party, a Receiving Party may disclose any information or item 22 designated “CONFIDENTIAL” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this action, as 24 well as employees of said Outside Counsel of Record to whom it is reasonably 25 necessary to disclose the information for this litigation; 26 (b) the officers, directors, and employees (including House Counsel) of 27 the Receiving Party; 28 SMRH:4832-7101-3279.1 -9- 1 (c) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this litigation and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff, professional jury or trial consultants, 6 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary 7 for this litigation and who have signed the “Acknowledgment and Agreement to Be 8 Bound” (Exhibit A); during their depositions, witnesses in the action to whom 9 disclosure is reasonably necessary and who have signed the “Acknowledgment and 10 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 11 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 12 depositions that reveal Protected Material must be separately bound by the court 13 reporter and may not be disclosed to anyone except as permitted under this 14 Stipulated Protective Order. 15 (f) the author or recipient of a document containing the information or 16 a custodian or other person who otherwise possessed or knew the information. 17 (g) any mediator or settlement officer, and their supporting personnel, 18 mutually agreed upon by any of the parties engaged in settlement discussions. 19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 20 21 If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this action as 23 “CONFIDENTIAL,” that Party must: 24 (a) promptly notify in writing the Designating Party. Such notification 25 shall include a copy of the subpoena or court order; 26 (b) promptly notify in writing the party who caused the subpoena or 27 order to issue in the other litigation that some or all of the material covered by the 28 subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and SMRH:4832-7101-3279.1 -10- 1 (c) cooperate with respect to all reasonable procedures sought to be 2 pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with 4 the subpoena or court order shall not produce any information designated in this 5 action as “CONFIDENTIAL” before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party’s 7 permission. The Designating Party shall bear the burden and expense of seeking 8 protection in that court of its confidential material – and nothing in these provisions 9 should be construed as authorizing or encouraging a Receiving Party in this action 10 to disobey a lawful directive from another court. 11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 12 13 (a) The terms of this Order are applicable to information produced by a 14 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 15 produced by Non-Parties in connection with this litigation is protected by the 16 remedies and relief provided by this Order. Nothing in these provisions should be 17 construed as prohibiting a Non-Party from seeking additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is 20 subject to an agreement with the Non-Party not to produce the Non-Party’s 21 confidential information, then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non- 23 Party that some or all of the information requested is subject to a confidentiality 24 agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this litigation, the relevant discovery request(s), and a 27 reasonably specific description of the information requested; and 28 (3) make the information requested available for inspection by the Non-Party. SMRH:4832-7101-3279.1 -11- 1 (c) If the Non-Party fails to object or seek a protective order from this 2 court within 14 days of receiving the notice and accompanying information, the 3 Receiving Party may produce the Non-Party’s confidential information responsive 4 to the discovery request. If the Non-Party timely seeks a protective order, the 5 Receiving Party shall not produce any information in its possession or control that 6 is subject to the confidentiality agreement with the Non-Party before a 7 determination by the court. Absent a court order to the contrary, the Non-Party shall 8 bear the burden and expense of seeking protection in this court of its Protected 9 Material. 10 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 12 Protected Material to any person or in any circumstance not authorized under this 13 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 14 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 15 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 16 or persons to whom unauthorized disclosures were made of all the terms of this 17 Order, and (d) request such person or persons to execute the “Acknowledgment and 18 Agreement to Be Bound” that is attached hereto as Exhibit A. 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 20 21 When a Producing Party gives notice to Receiving Parties that certain 22 inadvertently produced material is subject to a claim of privilege or other protection, 23 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 24 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 25 may be established in an e-discovery order that provides for production without prior 26 privilege review. Pursuant to Federal Rule of Evidence502(d) and (e), insofar as the 27 parties reach an agreement on the effect of disclosure of a communication or 28 information covered by the attorney-client privilege or work product protection, the SMRH:4832-7101-3279.1 -12- 1 parties may incorporate their agreement in the stipulated protective order submitted 2 to the court. 3 12. MISCELLANEOUS 4 12.1 Right to Further Relief. Nothing in this Order abridges the right of 5 any person to seek its modification by the court in the future. 6 12.2 Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order no Party waives any right it otherwise would have to object to 8 disclosing or producing any information or item on any ground not addressed in this 9 Stipulated Protective Order. Similarly, no Party waives any right to object on any 10 ground to use in evidence of any of the material covered by this Protective Order. 11 12.3 Filing Protected Material. Without written permission from the 12 Designating Party or a court order secured after appropriate notice to all interested 13 persons, a Party may not file in the public record in this action any Protected Material. 14 A Party that seeks to file under seal any Protected Material must comply with Civil 15 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court 16 order authorizing the sealing of the specific Protected Material at issue. Pursuant to 17 Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that 18 the Protected Material at issue is privileged, protectable as a trade secret, or otherwise 19 entitled to protection under the law. If a Receiving Party's request to file Protected 20 Material under seal pursuant to Civil Local Rule 79-5.2.2 is denied by the court, then 21 the Receiving Party may file the information in the public record pursuant to Civil 22 Local Rule 79-5.2.2(b)(ii) unless otherwise instructed by the Court. 23 13. FINAL DISPOSITION 24 Within 60 days after the final disposition of this action, as defined in 25 paragraph 4, each Receiving Party must return all Protected Material to the 26 Producing Party or destroy such material. As used in this subdivision, “all Protected 27 Material” includes all copies, abstracts, compilations, summaries, and any other 28 format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a SMRH:4832-7101-3279.1 -13- 1 written certification to the Producing Party (and, if not the same person or entity, to 2 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 3 appropriate) all the Protected Material that was returned or destroyed and (2) 4 affirms that the Receiving Party has not retained any copies, abstracts, compilations, 5 summaries or any other format reproducing or capturing any of the Protected 6 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 7 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 8 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 9 work product, and consultant and expert work product, even if such materials 10 contain Protected Material. Any such archival copies that contain or constitute 11 Protected Material remain subject to this Protective Order as set forth in Section 4 12 (DURATION). 13 14. SANCTIONS FOR VIOLATION OF ORDER: Any violation of this Order 14 may be punished by all appropriate measures, including, without limitation, 15 contempt proceedings and/or monetary sanctions. (See Judge Sagar’s Procedures, 16 available on the Court’s website: www.cacd.uscourts.gov; “Stipulated Protective 17 Orders.”) 18 19 // 20 // 21 // 22 23 // 24 // 25 // 26 27 // 28 SMRH:4832-7101-3279.1 -14- 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 Dated: August 7, 2019 SHEPPARD, MULLIN, RICHTER & HAMPTON 4 LLP 5 By /s/ 6 THOMAS R. KAUFMAN PAUL BERKOWITZ 7 Y. DOUGLAS YANG Attorneys for Defendant 8 WELLS FARGO BANK, N.A. 9 Dated: August 7, 2019 SCHERWIN LAW FIRM 10 By /s/ 11 JEREMY SCHERWIN Attorneys for Plaintiff 12 KYM TORRENCE 13 14 15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 Dated: August 9, 2019 ______________/_ s_ _/ _________________ 18 THE HONORABLE ALKA SAGAR UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 SMRH:4832-7101-3279.1 -15- 1 EXHIBIT A 2 CONFIDENTIALITY AGREEMENT 3 I, ______________________, hereby declare: 4 5 1. My address is 6 _____________________________________________. My telephone number is 7 (_____) ______-____________. 8 2. I have read in its entirety and understand the Stipulation and 9 Protective Order that was issued by the United States District Court for the Central 10 District of California in the case of Kym Torrence v. Wells Fargo Bank, N.A., et 11 al., United States District Court, Central District of California, Case No. 2:19-cv- 12 03202-DMG-AS. I hereby agree to comply with and to be bound by all the terms of 13 this Stipulation and Protective Order. 14 3. I understand that the Stipulation and Protective Order requires that I 15 not disclose in any manner any information or item that is subject to this 16 17 Stipulation and Protective Order to any person or entity except in strict compliance 18 with the provisions of this Stipulation and Protective Order. 19 4. I consent to the jurisdiction of the United States District Court for the 20 Central District of California for the purpose of enforcing the terms of this 21 Stipulation and Protective Order, even if such enforcement proceedings occur after 22 termination of this action. 23 I declare under penalty of perjury that the foregoing is true and correct. 24 Executed on _____________, 2019 at _____________________________ . 25 26 _________________________________ 27 Signature 28 SMRH:4832-7101-3279.1 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SMRH:4832-7101-3279.1 -17-