Shannon Slocum v. JPMorgan Chase Bank ( 2019 )

Note changes made by the Court (¶¶ 12.3, 12.6). 1 THOMAS P. QUINN, JR. (State Bar No. 132268) NOKES & QUINN 2 410 BROADWAY, SUITE 200 3 LAGUNA BEACH, CA 92651 4 Tel: (949) 376-3500 Fax: (949) 376-3070 5 Email: tquinn@nokesquinn.com 6 Attorneys for Defendant EQUIFAX INFORMATION SERVICES LLC 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE CENTRAL DISTRICT OF CALIFORNIA 9 SHANNON SLOCUM, ) Case No: 8:19-cv-00620-JVS-KES 10 ) ) 11 Plaintiff, ) ) 12 ) vs. ) ORDER RE AMENDED 13 ) ) STIPULATED PROTECTIVE 14 JPMORGAN CHASE BANK, et al., ) ORDER ) 15 Defendant. ) ) 16 ) ) 17 ) ) 18 ) ) 19 20 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff 21 Shannon Slocum and Defendants JPMorgan Chase Bank, Trans Union, LLC, 22 23 Equifax Information Services, LLC and Experian Information Solutions, Inc., 24 through their respective attorneys of record, to seek entry of an Order pursuant to 25 Fed. R. Civ. P. 26(c) as follows: 26 27 28 1 WHEREAS, in the course of these proceedings documents and information 2 have been and may be sought, produced, or exhibited by and among the parties to 3 4 this action relating to trade secrets, confidential research, development, technology, 5 or other proprietary information belonging to Defendants, 6 WHEREAS, these documents and information consists of highly confidential 7 8 research, development, technology, policies, procedures and other proprietary 9 information regarding Defendants’ efforts to ensure maximum possible accuracy in 10 11 the reporting and the reinvestigation of disputed credit information, 12 WHEREAS, These proprietary procedures have been independently 13 developed by each Defendant over the course of many years, 14 15 WHEREAS, Defendants are business competitors and the unprotected 16 disclosure of such information will work a clearly defined and serious injury and 17 18 expose Defendants to a risk of losing competitive advantage in the marketplace, 19 WHEREAS, although Defendants are well aware of the important role they 20 21 play with respect to consumer credit, the unrestricted disclosure of the Defendants’ 22 proprietary procedures will not further the public interest, and, in fact, may harm 23 the public interest by exposing the inner workings of Defendants’ policies and 24 25 procedures regarding consumer credit information to potential fraudsters, identity 26 thieves, and computer hackers, 27 28 1 THEREFORE, good causes exists for protecting the confidentiality of the 2 aforesaid trade secrets, confidential research, development, technology, or other 3 4 proprietary information belonging to Defendants, and an Order of this Court 5 protecting such confidential information shall be and hereby is made by this Court 6 on the following terms: 7 8 1. PURPOSES AND LIMITATIONS 9 Disclosure and discovery activity in this action are likely to involve 10 11 production of confidential, proprietary, or private information for which special 12 protection from public disclosure and from use for any purpose other than 13 prosecuting this litigation may be warranted. Accordingly, the parties hereby 14 15 stipulate to and petition the court to enter the following Stipulated Protective Order. 16 2. DEFINITIONS 17 18 2.1 Challenging Party: a Party or Non-Party that challenges the 19 designation of information or items under this Order. 20 21 2.2 “CONFIDENTIAL” Information or Items: information (regardless of 22 how it is generated, stored or maintained) or tangible things regarding Defendants 23 proprietary policies, procedures, technology, systems, and research that they have 24 25 independently developed and/or which could be exploited by criminals, fraudsters, 26 or computer hackers to perpetrate fraud or compromise the integrity of Defendants’ 27 28 1 credit reporting, and therefore which qualify for protection under Federal Rule of 2 Civil Procedure 26(c). 3 4 2.3 Counsel (without qualifier): Outside Counsel of Record and House 5 Counsel (as well as their support staff). 6 2.4 Designating Party: a Party or Non-Party that designates information 7 8 or items that it produces in disclosures or in responses to discovery as 9 “CONFIDENTIAL.” 10 11 2.5 Disclosure or Discovery Material: all items or information, regardless 12 of the medium or manner in which it is generated, stored, or maintained (including, 13 among other things, testimony, transcripts, and tangible things), that are produced 14 15 or generated in disclosures or responses to discovery in this matter. 16 2.6 Expert: a person with specialized knowledge or experience in a matter 17 18 pertinent to the litigation who has been retained by a Party or its counsel to serve as 19 an expert witness or as a consultant in this action. 20 21 2.7 House Counsel: attorneys who are employees of a party to this action. 22 House Counsel does not include Outside Counsel of Record or any other outside 23 counsel. 24 25 2.8 Non-Party: any natural person, partnership, corporation, association, 26 or other legal entity not named as a Party to this action. 27 28 1 2.9 Outside Counsel of Record: attorneys who are not employees of a 2 party to this action but are retained to represent or advise a party to this action and 3 4 have appeared in this action on behalf of that party or are affiliated with a law firm 5 which has appeared on behalf of that party. 6 2.10 Party: any party to this action, including all of its officers, directors, 7 8 employees, consultants, retained experts, and Outside Counsel of Record (and their 9 support staffs). 10 11 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 12 Discovery Material in this action. 13 2.12 Professional Vendors: persons or entities that provide litigation 14 15 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 16 demonstrations, and organizing, storing, or retrieving data in any form or medium) 17 18 and their employees and subcontractors. 19 2.13 Protected Material: any Disclosure or Discovery Material that is 20 21 designated as “CONFIDENTIAL” of “HIGHLY CONFIDENTIAL – 22 ATTORNEY’S EYES ONLY.” 23 2.14 Receiving Party: a Party that receives Disclosure or Discovery 24 25 Material from a Producing Party. 26 27 28 1 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3 4 Protected Material (as defined above), but also (1) any information copied or 5 extracted from Protected Material; (2) all copies, excerpts, summaries, or 6 compilations of Protected Material; and (3) any testimony, conversations, or 7 8 presentations by Parties or their Counsel that might reveal Protected Material. 9 However, the protections conferred by this Stipulation and Order do not cover any 10 11 information that is in the public domain at the time of disclosure to a Receiving 12 Party or becomes part of the public domain after its disclosure to a Receiving Party 13 as a result of publication not involving a violation of this Order, including 14 15 becoming part of the public record through trial or otherwise. 16 4. DURATION 17 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order shall remain in effect until a Designating Party agrees 20 21 otherwise in writing or a court order otherwise directs. Final disposition shall be 22 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 23 or without prejudice; and (2) final judgment herein after the completion and 24 25 exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action, 26 including the time limits for filing any motions or applications for extension of time 27 28 pursuant to applicable law. 1 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. 3 4 Each Party or Non-Party that designates information or items for protection under 5 this Order must take care to limit any such designation to specific material that 6 qualifies under the appropriate standards. 7 8 If it comes to a Designating Party’s attention that information or items that it 9 designated for protection do not qualify for protection, that Designating Party must 10 11 promptly notify all other Parties that it is withdrawing the mistaken designation. 12 5.2 Manner and Timing of Designations. Except as otherwise provided in 13 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 14 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 16 under this Order must be clearly so designated before the material is disclosed or 17 18 produced. 19 Designation in conformity with this Order requires: 20 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each 24 25 page that contains protected material. All information designated as 26 “CONFIDENTIAL” shall be used solely for the purpose of this action, and no 27 28 person receiving such information shall, directly or indirectly, use, transfer, 1 disclose, or communicate in any way the information to any person other than those 2 specified in paragraph 7.2. Any other use is prohibited. If only a portion or 3 4 portions of the material on a page qualifies for protection, the Producing Party also 5 must clearly identify the protected portion(s) (e.g., by making appropriate markings 6 in the margins). A Party or Non-Party that makes original documents or materials 7 8 available for inspection need not designate them for protection until after the 9 inspecting Party has indicated which material it would like copied and produced. 10 11 During the inspection and before the designation, all of the material made available 12 for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 13 identified the documents it wants copied and produced, the Producing Party must 14 15 determine which documents, or portions thereof, qualify for protection under this 16 Order. Then, before producing the specified documents, the Producing Party must 17 18 affix the “CONFIDENTIAL” legend to each page that contains Protected Material. 19 If only a portion or portions of the material on a page qualifies for protection, the 20 21 Producing Party also must clearly identify the protected portion(s) (e.g., by making 22 appropriate markings in the margins). 23 (b) for testimony given in deposition or in other pretrial or trial 24 25 proceedings, that the Designating Party identify on the record, before the close of 26 the deposition, hearing or other proceeding, all protected testimony that contains 27 28 confidential information, may be designated “CONFIDENTIAL” and thereby 1 obtain the protections accorded other “CONFIDENTIAL” information. All 2 information designated as “CONFIDENTIAL” shall be used solely for the purpose 3 4 of this action, and no person receiving such information shall, directly or indirectly, 5 use, transfer, disclose, or communicate in any way the information to any person 6 other than those specified in paragraph 7.2. Any other use is prohibited. 7 8 (c) for information produced in some form other than documentary and 9 for any other tangible items, that the Producing Party affix in a prominent place on 10 11 the exterior of the container or containers in which the information or item is stored 12 the legend “CONFIDENTIAL.” All information designated as “CONFIDENTIAL” 13 shall be used solely for the purpose of this action, and no person receiving such 14 15 information shall, directly or indirectly, use, transfer, disclose, or communicate in 16 any way the information to any person other than those specified in paragraph 7.2. 17 18 Any other use is prohibited. If only a portion or portions of the information or item 19 warrant protection, the Producing Party, to the extent practicable, shall identify the 20 21 protected portion(s). 22 (d) If a party believes in good faith that, despite the provisions of 23 this Protective Order, there is a substantial risk of identifiable harm if particular 24 25 documents or deposition testimony it designates as “CONFIDENTIAL” are 26 disclosed to all other Parties or non-parties to this action, the producing Party may 27 28 designate the particular information as “HIGHLY CONFIDENTIAL— 1 ATTORNEY’S EYES ONLY.” Information marked “HIGHLY CONFIDENTIAL 2 – ATTORNEY’S EYES ONLY” receive the same protections as 3 4 “CONFIDENTIAL” information but is further limited in how it may be used or 5 disseminated. All information designated as “HIGHLY CONFIDENTIAL— 6 ATTORNEY’S EYES ONLY” shall be used solely for the purpose of this action, 7 8 and no person receiving such information shall, directly or indirectly, use, transfer, 9 disclose, or communicate in any way the information to any person other than those 10 11 specified in paragraph 7.3. Any other use is prohibited. 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 15 the Designating Party’s right to secure protection under this Order for such 16 material. Upon timely correction of a designation, the Receiving Party must make 17 18 reasonable efforts to assure that the material is treated in accordance with the 19 provisions of this Order. 20 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may mount a 23 challenge to the designation of material as “CONFIDENTIAL” at any time 24 25 consistent with the case scheduling order. Specifically, challenges made after the 26 final discovery cut-off will be deemed untimely. 27 28 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process by providing written notice of each designation it is challenging 3 4 and describing the basis for each challenge. The written notice must comply with 5 the requirements of Local Rule 37-1. To avoid ambiguity as to whether a challenge 6 has been made, the written notice must recite that the challenge to confidentiality is 7 8 being made in accordance with this specific paragraph of the Protective Order. The 9 parties shall attempt to resolve each challenge in good faith and must engage in a 10 11 Pre-Filing Conference of Counsel as set forth in Local Rule 37-1 within 10 days 12 after the Challenging Party serves the written notice. In conferring, the Challenging 13 Party must explain in writing the basis for its belief that the confidentiality 14 15 designation was not proper and must give the Designating Party an opportunity to 16 review the designated material, to reconsider the circumstances, and, if no change 17 18 in designation is offered, to explain the basis for the chosen designation. A 19 Challenging Party may proceed to the next stage of the challenge process only if it 20 21 has engaged in this meet and confer process first. 22 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without 23 court intervention, the parties shall formulate a written stipulation as set forth in 24 25 Local Rule 37-2. The Party seeking the change (“Challenging Party”) shall bear 26 the responsibilities of the moving party set forth in Local Rule 37-2. At the Rule 27 28 37-3 hearing on the Challenging Party’s motion, the Producing Party shall have the 1 burden of proving that the information in question is within the scope of protection 2 afforded by Fed. R. Civ. P. 26(c). Frivolous challenges by the Challenging Party, 3 4 and those made for an improper purpose (e.g., to harass or impose unnecessary 5 expenses and burdens on other parties) may expose the Challenging Party to 6 sanctions. All parties shall continue to afford the material in question the level of 7 8 protection to which it is entitled under the Producing Party’s designation until the 9 court rules on the challenge. 10 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a Non-Party in connection with this 14 15 case only for prosecuting, defending, or attempting to settle this litigation. Such 16 Protected Material may be disclosed only to the categories of persons and under the 17 18 conditions described in this Order. When the litigation has been terminated, a 19 Receiving Party must comply with the provisions of section 13 below (FINAL 20 21 DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 25 authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 27 28 otherwise ordered by the court or permitted in writing by the Designating Party, a 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 4 (a) the Receiving Party’s Outside Counsel of Record in this action, as 5 well as employees of said Outside Counsel of Record to whom it is reasonably 6 necessary to disclose the information for this litigation (provided that no former 7 8 employees shall be shown documents prepared after the date of his or her 9 departure); 10 11 (b) the officers, directors, and employees (including House Counsel) of 12 the Receiving Party to whom disclosure is reasonably necessary for this litigation 13 (provided that no former employees shall be shown documents prepared after the 14 15 date of his or her departure); 16 (c) Experts (as defined in this Order) of the Receiving Party to whom 17 18 disclosure is reasonably necessary for this litigation and who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 20 21 (d) the court and its personnel; 22 (e) court reporters and their staff, professional jury or trial consultants, 23 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary 24 25 for this litigation and who have signed the “Acknowledgment and Agreement to Be 26 Bound” (Exhibit A); 27 28 1 (f) during their depositions, witnesses in the action to whom disclosure is 2 reasonably necessary and who have signed the “Acknowledgment and Agreement 3 4 to Be Bound” (Exhibit A), unless otherwise covered in subparagraphs 7.2(a)-(e) or 5 agreed by the Designating Party or ordered by the court. Pages of transcribed 6 deposition testimony or exhibits to depositions that reveal Protected Material must 7 8 be separately bound by the court reporter and may not be disclosed to anyone 9 except as permitted under this Stipulated Protective Order. 10 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information. 13 (h) fact witnesses subject to a proffer to the Court or a stipulation of the 14 15 parties that such witnesses need to know such information. 16 7.3 Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES 17 18 ONLY” Information or Items. Unless otherwise ordered by the court or permitted 19 in writing by the Designating Party, a Receiving Party may disclose any 20 21 information or item designated “HIGHLY CONFIDENTIAL—ATTORNEY’S 22 EYES ONLY” only to: 23 (a) the Receiving Party’s Outside Counsel of Record in this action, as 24 25 well as employees of said Outside Counsel of Record to whom it is reasonably 26 necessary to disclose the information for this litigation (provided that no former 27 28 1 employees shall be shown documents prepared after the date of his or her 2 departure); 3 4 (b) Experts (as defined in this Order) of the Receiving Party to whom 5 disclosure is reasonably necessary for this litigation and who have signed the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 8 (c) the court and its personnel; 9 (d) court reporters and their staff, professional jury or trial consultants, 10 11 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary 12 for this litigation and who have signed the “Acknowledgment and Agreement to Be 13 Bound” (Exhibit A); 14 15 (e) during their depositions, witnesses in the action to whom disclosure is 16 reasonably necessary and who have signed the “Acknowledgment and Agreement 17 18 to Be Bound” (Exhibit A), unless otherwise covered in subparagraphs 7.2(a)-(e) or 19 agreed by the Designating Party or ordered by the court. Pages of transcribed 20 21 deposition testimony or exhibits to depositions that reveal Protected Material must 22 be separately bound by the court reporter and may not be disclosed to anyone 23 except as permitted under this Stipulated Protective Order. 24 25 (f) the author or recipient of a document containing the information or a 26 custodian or other person who otherwise possessed or knew the information. 27 28 1 7.4 Each person appropriately designated pursuant to paragraph 7.1(c) or 2 7.2(b) to receive information marked as “CONFIDENTIAL” or “HIGHLY 3 4 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall execute a 5 “Acknowledgment and Agreement to Be Bound” in the form attached as Exhibit A. 6 If such person shall receive Designated Information from more than one Party, a 7 8 separate Written Assurance shall be executed for each set of Protected Information. 9 Counsel for the receiving party seeking to disclose Protected Information to a 10 11 person executing an “Acknowledgment and Agreement to Be Bound” shall be 12 named in the “Acknowledgment and Agreement to Be Bound,” and shall provide a 13 copy of the “Acknowledgment and Agreement to Be Bound” to counsel for the 14 15 Designating Party prior to disclosure of the Protected Information to the person 16 executing the “Acknowledgment and Agreement to Be Bound.” If a Party objects in 17 18 writing to such disclosure prior to disclosure, no disclosure shall be made until the 19 Party seeking disclosure obtains the prior approval of the Court or the objecting 20 21 Party. 22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 23 IN OTHER LITIGATION 24 25 If a Party is served with a subpoena or a court order issued in other litigation 26 that compels disclosure of any information or items designated in this action as 27 28 1 “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES 2 ONLY,” that Party must: 3 4 (a) promptly notify in writing the Designating Party. Such notification 5 shall include a copy of the subpoena or court order; 6 (b) promptly notify in writing the party who caused the subpoena or 7 8 order to issue in the other litigation that some or all of the material covered by the 9 subpoena or order is subject to this Protective Order. Such notification shall include 10 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 15 If the Designating Party timely seeks a protective order, the Party served 16 with the subpoena or court order shall not produce any information designated in 17 18 this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEY’S 19 EYES ONLY” before a determination by the court from which the subpoena or 20 21 order issued, unless the Party has obtained the Designating Party’s permission. The 22 Designating Party shall bear the burden and expense of seeking protection in that 23 court of its confidential material – and nothing in these provisions should be 24 25 construed as authorizing or encouraging a Receiving Party in this action to disobey 26 a lawful directive from another court. 27 28 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 4 (a) The terms of this Order are applicable to information produced by a 5 Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY 6 CONFIDENTIAL-ATTORNEY’S EYES ONLY.” Such information produced by 7 8 Non-Parties in connection with this litigation is protected by the remedies and relief 9 provided by this Order. Nothing in these provisions should be construed as 10 11 prohibiting a Non-Party from seeking additional protections. 12 (b) In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is 14 15 subject to an agreement with the Non-Party not to produce the Non-Party’s 16 confidential information, then the Party shall: 17 18 (1) promptly notify in writing the Requesting Party and the Non-Party 19 that some or all of the information requested is subject to a confidentiality 20 21 agreement with a Non-Party; 22 (2) promptly provide the Non-Party with a copy of the Stipulated 23 Protective Order in this litigation, the relevant discovery request(s), and a 24 25 reasonably specific description of the information requested; and 26 (3) make the information requested available for inspection by the 27 28 Non-Party. 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 4 Receiving Party may produce the Non-Party’s confidential information responsive 5 to the discovery request. If the Non-Party timely seeks a protective order, the 6 Receiving Party shall not produce any information in its possession or control that 7 8 is subject to the confidentiality agreement with the Non-Party before a 9 determination by the court. Absent a court order to the contrary, the Non-Party 10 11 shall bear the burden and expense of seeking protection in this court of its Protected 12 Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 15 If a Receiving Party learns that, by inadvertence or otherwise, it has 16 disclosed Protected Material to any person or in any circumstance not authorized 17 18 under this Stipulated Protective Order, the Receiving Party must immediately (a) 19 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 20 21 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 22 the person or persons to whom unauthorized disclosures were made of all the terms 23 of this Order, and (d) request such person or persons to execute the 24 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 26 A. 27 28 1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 2 PROTECTED MATERIAL 3 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other 6 protection, the obligations of the Receiving Parties are those set forth in Federal 7 8 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 9 whatever procedure may be established in an e-discovery order that provides for 10 11 production without prior privilege review. Pursuant to Federal Rule of Evidence 12 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 13 of a communication or information covered by the attorney-client privilege or work 14 15 product protection, the parties may incorporate their agreement in the stipulated 16 protective order submitted to the court. 17 18 12. MISCELLANEOUS 19 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 20 21 person to seek its modification by the court in the future, and nothing in this 22 Protective Order shall be construed to prevent a Party from seeking such further 23 provisions enhancing or limiting confidentiality as may be appropriate. 24 25 12.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order no Party waives any right it otherwise would have to object to 27 28 disclosing or producing any information or item on any ground not addressed in 1 this Stipulated Protective Order. Similarly, no Party waives any right to object on 2 any ground to use in evidence of any of the material covered by this Protective 3 4 Order. 5 12.3 Filing Protected Material. Without written permission from the 6 Designating Party or a court order secured after appropriate notice to all interested 7 8 persons, a Party may not file in the public record in this action any Protected 9 Material. A party wishing to file Protected Material with the Court shall seek leave 10 11 to file under seal in accordance with the procedures outlined in Local Civil Rule79- 12 5. For Protected Material attached to dispositive motions, the filing party must 13 show that “compelling reasons supported by specific factual findings outweigh the 14 15 general history of access and the public policies favoring disclosure.” Pintos v. 16 Pacific Creditors Assoc., 504 F.3d 792 (9th Cir. 2007). For Protected Material 17 18 attached to non-dispositive motions, a “good cause showing under Rule 26(c) will 19 suffice to keep sealed” the Protected Material. Kamakana v. City & Cty. of 20 21 Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). In the absence of a challenge to the 22 designation of Protected Material as set forth above in Section 6, adherence to this 23 Protective Order shall constitute good cause to keep sealed properly designated 24 25 Protected Material attached to a non-dispositive motion. 26 12.4 Waiver. No action taken in accordance with this Protective Order 27 28 shall be construed as a waiver of any claim or defense in the action or of any 1 position as to discoverability or admissibility of evidence. Neither the entry of this 2 Order nor the designation of any information as “Confidential,” or “Highly 3 4 Confidential—Attorney’s Eyes Only,” nor the failure to make such designation, 5 shall constitute evidence with respect to any issue in this action. 6 12.5 The Court retains the right to allow disclosure of any subject covered 7 8 by this stipulation or to modify this stipulation at any time in the interest of justice. 9 12.6 The Parties cannot use or disclose any Protected Information in any 10 11 pretrial court proceeding that is open to persons not authorized to have access to 12 such Protected Information under the terms of this Order. This provision does not 13 limit the right of any of the Parties to submit any Protected Information to the Court 14 15 with an application to file it under seal as described above. 16 13. FINAL DISPOSITION 17 18 Within 60 days after the final disposition of this action, as defined in 19 paragraph 4, each Receiving Party must return all Protected Material to the 20 21 Producing Party or destroy such material. As used in this subdivision, “all Protected 22 Material” includes all copies, abstracts, compilations, summaries, and any other 23 format reproducing or capturing any of the Protected Material. Whether the 24 25 Protected Material is returned or destroyed, the Receiving Party must submit a 26 written certification to the Producing Party (and, if not the same person or entity, to 27 28 the Designating Party) by the 60 day deadline that (1) identifies (by category, 1 where appropriate) all the Protected Material that was returned or destroyed and 2 (2)affirms that the Receiving Party has not retained any copies, abstracts, 3 4 compilations, summaries or any other format reproducing or capturing any of the 5 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 6 archival copy of all court filings, even if such materials contain Protected Material. 7 8 Any such archival copies that contain or constitute Protected Material remain 9 subject to this Protective Order as set forth in Section 4 (DURATION). 10 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 Dated: September 13, 2019 KAZEROUNI LAW GROUP APC 14 By:/s/ Matthew M. Loker (with consent 15 Matthew M. Loker 16 Counsel for Plaintiff 17 SHANNON SLOCUM 18 Dated: September 13, 2019 NOKES & QUINN APC 19 By: /s/ Thomas P. Quinn, Jr. 20 Thomas P. Quinn, Jr. 21 Counsel for Defendant 22 EQUIFAX INFORMATION SERVICES, LLC 23 24 25 26 27 28 1 || Dated: September 13, 2019 JONES DAY 2 By:/s/ Katherine A. Neben (with consent) 3 Katherine A. Neben 4 Counsel for Plaintiff 5 EXPERIAN INFORMATION SOLUTIONS, INC. 6 7 || Dated: September 13, 2019 MUSICK PEELER & GARRETT LLP 8 By: /s/ Donald E. Bradley (with consent) 9 Donald E. Bradley 10 Counsel for Defendant TRANS UNION, LLC 1] 12. || Dated: September 13, 2019 MCGLINCHEY STAFFORD 13 By: /s/ Dhruv Sharma (with consent) 14 Dhruv Sharma 15 Counsel for Defendant JP MORGAN CHASE BANK 16 17 SIGNATURE CERTIFICATION 18 I, Thomas P. Quinn, Jr., attest that all other signatories concur in the contents 19 of this stipulated protective order and authorize me to affix their electronic 20 || signatures to and file it with this court. 21 September 16, 2019 /s/ Thomas P. Quinn, Jr. Thomas P. Quinn, Jr. 23 PURSUANT TO STIPULATION (Dkt. 54), IT IS SO ORDERED. 35 Dated: September 16, 2019. Tens 6 27 —Sbom Sestt? Hon. Karen E. Scott 28 United States Magistrate Judge QUINN - 24- 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________________ [print or type full name], of 4 ________________________________ [full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective 6 Order that was issued by the United States District Court for the Central District of 7 California on _________________ [date] in the case of Shannon Slocum v. 8 JPMorgan Chase Bank et., Case No. 8:19-cv-00620-JVS-KES. I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment in the nature of contempt. I solemnly promise that I will not 12 disclose in any manner any information or item that is subject to this Stipulated 13 Protective Order to any person or entity except in strict compliance with the 14 provisions of this Order. I further agree to submit to the jurisdiction of the United 15 16 States District Court for the Central District of California for enforcing the terms of 17 this Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. 19 I hereby appoint ______________________________________ [full name] 20 of _______________________________________ [full address and telephone 21 number] as my California agent for service of process in connection with this action 22 or any proceedings related to enforcement of this Stipulated Protective Order. 23 Date: ______________________________________ 24 City and State where sworn and signed: ___________________________ 25 Printed name: _______________________________ 26 Signature: __________________________________ 27 28