Aguilar Velazquez v. Ally Bank ( 2022 )

DSUiaLnLe ILV. AMNc G&i mCsReOy M(SWBNE L2L34 L9L53P) 2 1888 Century Park East Los Angeles, California 90067 3 Telephone: (310) 712-6600 Facsimile: (310) 712-8800 4 mcgimseyd@sullcrom.com 5 Sharon L. Nelles (pro hac vice) Ann-Elizabeth Ostrager (pro hac vice) 6 Lauren M. Goldsmith (SBN 293269) SULLIVAN & CROMWELL LLP 7 125 Broad Street New York, New York 10004 8 Telephone: (212) 558-4000 Facsimile: (212) 558-3588 9 nelless@sullcrom.com ostragerae@sullcrom.com 10 goldsmithl@sullcrom.com 11 Attorneys for Defendant Ally Bank 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 ) No. 2:21-cv-2375 MCE DB MARIELA AGUILAR VELAZQUEZ, on ) 16 behalf of herself and all others similarly ) 17 situated, ) PROTECTIVE ORDER ) AND CONFIDENTIALITY AGREEMENT 18 Plaintiff, ) CONCERNING ) CONFIRMATORY DISCOVERY 19 vs. ) ) ALLY BANK, ) 20 ) Defendant. ) 21 ) ) 22 23 24 25 26 27 28 2 Barroso da Silva and Defendant Ally Bank (together, “Stipulating Parties”), through their respective 3 counsel, are engaged in ongoing settlement discussions; and 4 WHEREAS, in light of those discussions, the Stipulating Parties have agreed that 5 certain information should be voluntarily produced by Defendant as confirmatory discovery solely for 6 the purpose of evaluating a potential settlement of the claims against Defendant and administering any 7 settlement; 8 WHEREAS, the materials to be produced include confidential and proprietary 9 10 information that requires protection from disclosure and limitation as to its use; and 11 WHEREAS, good cause exists for the issuance of a confidentiality order governing the 12 production of the confirmatory discovery; 13 Therefore, the Stipulating Parties, through undersigned counsel, hereby stipulate and 14 agree, subject to the approval of the Court, as follows: 15 1. All information provided during the course of confirmatory discovery in this 16 action shall constitute “Confirmatory Discovery Material” and shall be subject to this stipulated Order. 17 18 2. All Confirmatory Discovery Material exchanged pursuant to this stipulated 19 Order shall be treated as confidential and shall not be disclosed to anyone except (i) counsel in this 20 action, (ii) non-testifying consultants in this action who are bound to preserve the confidentiality of 21 such materials, and (iii) any other persons with the consent of Defendant, or by Court order, subject 22 to the terms of this stipulated Order. 23 3. Prior to disclosure of any Confirmatory Discovery Material to any non- 24 25 testifying consultant referred to in subparagraph 2 above, such person shall be provided by counsel 26 with a copy of this stipulated Order and shall sign a Non-Disclosure Agreement in the form annexed 27 as Exhibit A hereto stating that that person has read the stipulated Order and agrees to be bound by its 28 2 other party at the time of signature. 3 4. All Confirmatory Discovery Material, and any information contained therein or 4 derived therefrom, shall be used only in this action and shall be used solely for purpose of evaluating 5 the settlement value of the claims against Defendant and for administering any settlement. 6 5. No Confirmatory Discovery Materials may be filed with the Court or form the 7 basis of any complaint. Notwithstanding anything to the contrary herein, Confirmatory Discovery 8 Material may be disclosed to the Court in camera if necessary to support a proposed settlement or the 9 10 plan of allocation, and in the event a settlement is reached, information concerning the anticipated 11 class size as reflected in the Confirmatory Discovery Materials may be filed with the Court. 12 6. Within the earlier of 15 days after the Stipulating Parties inform the Court that 13 they have been unable to reach a settlement in principle, or 30 days after final approval of a settlement 14 by the Court and all matters relating to the plan of allocation, the settlement and fees and expenses are 15 finally resolved, Plaintiff must return all documents and things designated Confirmatory Discovery 16 Material or destroy such Confirmatory Discovery Material and copies thereof, including all 17 18 Confirmatory Discovery Material in the hands of other parties as provided for in this stipulated Order, 19 and counsel for Plaintiff shall certify in writing that such Confirmatory Discovery Material has been 20 returned or destroyed. 21 7. The Stipulating Parties and their counsel are responsible for employing 22 reasonable measures to control, consistent with this agreement, duplication of, access to, discussion 23 of and distribution of copies of documents, information or things designated Confirmatory Discovery 24 25 Material in accordance with the terms of this stipulated Order. 26 8. The disclosure of Confirmatory Discovery Material containing attorney-client 27 privileged information, information constituting attorney work product, or information that is 28 otherwise privileged and/or protected from disclosure, whether inadvertent or unintentional shall not 2 Plaintiff’s counsel shall promptly notify Defendant’s counsel of the disclosure of any document 3 containing privileged or protected information. Upon request from Defendant, within five business 4 days, Plaintiff must certify that it has destroyed any document over which privilege or protection is 5 asserted, all copies, and any information derived therefrom, regardless of whether Plaintiff agrees with 6 the assertion of privilege or protection. 7 9. This stipulated Order will be effective from the date on which it is signed by 8 counsel for the Stipulating Parties. 9 10 10. Nothing herein prevents either party from requesting discovery outside of the 11 voluntary confirmatory discovery that is the subject of this stipulated Order. The Stipulating Parties 12 agree to enter into a separate confidentiality agreement and protective order in the event they are 13 unable to reach a settlement. 14 11. If any provision in this document cannot be carried out because it is in conflict 15 with the Court’s rules and procedures, or federal or California law, that provision will be waived. 16 Dated: June 21, 2022 Respectfully submitted, 17 /s/ Diane L. McGimsey 18 Diane L. McGimsey (SBN 234953) SULLIVAN & CROMWELL LLP 19 1888 Century Park East Los Angeles, California 90067 20 Telephone: (310) 712-6600 Facsimile: (310) 712-8800 21 mcgimseyd@sullcrom.com 22 23 24 25 26 27 28 LAanunr-eEnl iMza.b Getohl dOssmtriathg e(rS (BpNro 2 h9a3c2 v6i9c)e ) 2 SULLIVAN & CROMWELL LLP 125 Broad Street 3 New York, New York 10004 Telephone: (212) 558-4000 4 Facsimile: (212) 558-3588 nelless@sullcrom.com 5 ostragerae@sullcrom.com goldsmithl@sullcrom.com 6 Attorneys for Defendant Ally Bank 7 8 /s/ Deylin O. Thrift-Viveros Thomas A. Saenz (SBN159430) 9 Deylin O. Thrift-Viveros (SBN 306873) MEXICAN AMERICAN LEGAL DEFENSE 10 AND EDUCATIONAL FUND 634 South Spring Street, 11th Floor 11 Los Angeles, California 90014 Telephone: (213) 629-2512 12 Facsimile: (213)629-0266 tsaenz@maldef.org 13 dthrift-viveros@maldef.org 14 Attorneys for Plaintiff Mariela Aguilar Velazquez, putative Plaintiff Roney Edler 15 Barroso da Silva and the Proposed Class 16 17 ORDER 18 Pursuant to the parties’ stipulation, IT IS SO ORDERED. 19 IT IS FURTHER ORDERED THAT: 20 1. Requests to seal documents shall be made by motion before the same judge who will 21 decide the matter related to that request to seal. 22 2. The designation of documents (including transcripts of testimony) as confidential 23 pursuant to this order does not automatically entitle the parties to file such a document with the court 24 under seal. Parties are advised that any request to seal documents in this district is governed by 25 Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a written order of the court after a specific request to seal has been made. L.R. 141(a). However, a mere 26 request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires that 27 “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing, the 28 2 document, and all relevant information.” L.R. 141(b). 3 3. A request to seal material must normally meet the high threshold of showing that 4 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially related” to the merits of a case, the request to seal may be granted on a showing of “good cause.” Ctr. for 5 Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City 6 and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). 7 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of 8 certain documents, at any court hearing or trial – such determinations will only be made by the court 9 at the hearing or trial, or upon an appropriate motion. 10 5. With respect to motions regarding any disputes concerning this protective order which the 11 parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251. 12 Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on 13 shortened time. 14 6. The parties may not modify the terms of this Protective Order without the court’s 15 approval. If the parties agree to a potential modification, they shall submit a stipulation and 16 proposed order for the court’s consideration. 17 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of 18 the terms of this Protective Order after the action is terminated. 19 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is 20 hereby DISAPPROVED. 21 DATED: June 27, 2022 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 EXHIB IT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 By signing this agreement, I agree to comply with and to be bound by all of the terms 4 of this Protective Order and Confidentiality Agreement. I solemnly promise that I will not disclose in 5 any manner any document or information that is subject to this Protective Order and Confidentiality 6 Agreement to any person or entity except in strict compliance with the provisions of this Protective 7 Order and Confidentiality Agreement. 8 9 Printed Name: __________________________ 10 Signature: _____________________________ 11 Date: _________________________________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28