Thompson v. The Huntington National Bank ( 2022 )

1 ] JOHN P. DESMOND (SBN 176430) JUSTIN J. BUSTOS (pro hac vice) 2 | DICKINSON WRIGHT PLLC 100 W. Liberty, Suite 940 3 Reno, Nevada 89501 Tel: 775-343-7505 4 } Fax: 844-670-6009 E-mail: jdesmond@dickinsonwright.com 5 | E-mail: jbustos@dickinsonwright.com 6 | Attorneys for Defendant The Huntington National Bank 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 1 | Kevin Thompson and Mia Nash, Case No.: 2:22-cv-00257-MCE-KJN 12 Plaintiffs, 13 STIPULATION FOR PROTECTIVE VS. ORDER 14 TCF National Bank, The Huntington National 15 | Bank, and DOES 1 through 50, inclusive, 16 Defendants. 17 18 It is hereby stipulated by and between Plaintiffs Kevin Thompson and Mia Nash a1 19 | Defendant The Huntington National Bank (collectively, the “Parties”), by and through the 20 | attorneys of record, that the following protective order pertaining to certain confidential informatic 21 | is approved as to form and content, and may be entered as an Order of the Court. 22 WHEREAS, the Parties to this Stipulated Protective Order are involved in the abov 23 | captioned litigation (the “Action’”’) requiring them to identify and disclose certain documents a1 24 | other tangible items and information; 25 WHEREAS the Parties believe that certain documents produced and certain testimony 26 | hearings and deposition which a party or a non-party may provide in response to discovery in tl 27 | Action, may require disclosure of confidential business and financial information, proprieta yO D, 1 of 7 W STIPULATION FOR PROTECTIVE ORDER 1 | information of the Parties and of non-parties, or non-public information within the contemplation | 2 | Rule 26(c) of the Federal Rules of Civil Procedure; and 3 WHEREAS The Huntington National Bank believes that a private agreement between tl 4 | parties would be insufficient as it may not protect third-party information nor would it preve 5 | disclosure by third-party witnesses who may be shown such documents during the course □ 6 | discovery in this case. See L.R. 141.1(c)(3). 7 WHEREAS the Parties believe it is in the interests of the Parties to avoid motion practice 8 | discovery and to produce certain information and documents under a protective order pursuant 9 | Rule 26(c) of the Federal Rules of Civil Procedure. 10 THE PARTIES THEREFORE STIPULATE AND AGREE to the following provisions ar 11 ] move the Court for entry of this Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedur 12 1. In this Protective Order, the words set forth below shall have the following meaning 13 a) “Confidential Materials” means any Documents, Testimony or Informatic 14 | designated as “Confidential” pursuant to this Protective Order. 15 b) “Document” shall have the same meaning as provided in Rule □□□□□□□□□□□□ 16 | the Federal Rules of Civil Procedure. 17 c) “Information” means the content of Documents or Testimony. 18 d) “Producing Party” or “Producing Parties” means any Party and any non-par 19 J that has produced Documents pursuant to any Federal Rule of Civil Procedure, including witho 20 | limitation, document requests, subpoena or similar process. 21 2. The Parties agree that discovery in the Action is likely to require disclosure, by tl 22 | Parties and possibly by non-parties, of Confidential Materials. The Parties agree that publ 23 | disclosure of such documents and information may cause unnecessary harm, and that good cau 24 | exists for this protective order pursuant to Fed. R. Civ. P. 26(c). 25 3. Confidential Material may be designated as Confidential if it contains or reflec 26 | confidential, proprietary, trade secret, financial information, personal and/or private information, 27 | other information which the Producing Party believes in good faith it is entitled to maintain 7° D 2 of 7 Wy STIPULATION FOR PROTECTIVE ORDER 1 | confidence, and which is not in the public domain. Each deposition or hearing transcript page, eac 2 | interrogatory answer, each document, and each premises or thing which is designated by at 3 | Producing Party as containing or disclosing Confidential Material shall be identified by tl 4 | designating Producing Party, on the first or cover page of each document and each page whi 5 | contains the Confidential Material the label “CONFIDENTIAL.” 6 4. All “Confidential” Documents, along with the information contained in tl 7 | Documents, shall not be used for any purpose whatsoever other than the prosecution or defense 8 | this Action and any appeal thereof. Any other use is prohibited except by consent of the □□□□□□□□ 9 | Party or by order of the Court. Notwithstanding the above, a Producing Party is free to do whatev 10 it desires with its own “Confidential” information. 11 5. Producing Parties will use good faith in limiting the use of the “Confidentia 12 | designation to such Confidential Material as they reasonably believe constitutes or disclos 13 | Information reasonably calling for that designation. A Producing Party that produces or discloses 1 14 | own Confidential Information is not precluded by this Order from disclosing or using su: 15 J Information in any manner for any purpose. 16 6. Access to Confidential Materials shall be limited to the following: (a) a party to th 17 | Action; (b) counsel of record for the parties in this Action and persons regularly employed in tl 18 ] offices of such counsel; (c) the Court and its staff, including court personnel such as court □□□□□□□□ 19 ] (d) outside copy services, solely for purposes of making paper or electronic copies for use in tl 20 | Action; (e) deposition and hearing and trial witnesses in connection with their individual testimon 21 | (f#) persons already in possession of the Confidential Materials through legitimate and lawful mean 22 | (g) persons shown on the face of the document to have authored or received it; and (h) experts at 23 | consultants retained for purposes of the Action provided that the experts and consultants shall fit 24 | sign an acknowledgement stating that they have read the terms of this stipulated protective order at 25 | agree to abide by them. Confidential Materials may be disclosed to a witness only in a deposition: 26 | hearing or trial at which the Party who designated the Confidential Material is represented or hi 27 | been given notice that Confidential Material may be used. The attorney of record disclosing tl 7° D 3 of 7 Wy STIPULATION FOR PROTECTIVE ORDER 1 | Confidential Materials to the witness must first provide the witness with a copy of this □□□□□□□□□ 2 | Order and advise the witness that the Confidential Material may not be disclosed by that witness 3 J any person except in the course of the witness’s testimony in this Action. Witnesses shov 4 | Confidential Materials shall not be allowed to retain copies. 5 7. Confidential Materials will be designated in the manner specified herein when □ 6 | answer to an interrogatory or an answer to a request to admit is served, when a document is produce 7 | filed or served or when an inspection of premises or things is allowed. Documents produced by a1 8 | Producing Party for inspection and copying need not be so marked at the time of such productio 9 | but any copies of documents thereafter delivered to the opposing party shall be so marked at the tin 10 | of delivery. With respect to deposition and hearing transcripts, a designating Producing Party w 11 | advise the opposing parties that an entire transcript is to be maintained as Confidential or that specif 12 | pages of a transcript are to be so designated, within fourteen (14) days after the receipt of tl 13 | transcript. During this fourteen (14) day period, the entire transcript will be deemed to conta 14 | Confidential Information and remain confidential during that time period, but only if the Producit 15 ] Party has so designated on the record. 16 8. In addition to Confidential Materials and in response to Plaintiffs’ demand f 17 | discovery, HNB intends to produce a native Excel spreadsheet titled HNB00678 - ATTORNE 18 | EYES ONLY - LSC - Experian Restriction File Text 11-30-2020 w RestrictBAZ2.xlsx. Th 19 J spreadsheet contains personal financial information of TCF customers who are not party to this cas 20 | The parties agree that this personal information related to third-parties is extremely sensitive, tl 21 | disclosure of which would create a substantial risk of serious harm that could not be avoided by le 22 | restrictive means. This native file shall be designated as ATTORNEY EYES ONLY. Unle 23 | otherwise ordered by the Court or permitted in writing by HNB, this spreadsheet may only | 24 | disclosed to: (1) counsel for Plaintiffs; (2) designated experts who agree in writing to abide by th 25 | Paragraph, and (3) the court and its personnel. The native file will be subject to all other terms | 26 | this Stipulation for Protective Order. HNB will also disclose a redacted version of this file that on 27 7° D 4 of 7 Wy STIPULATION FOR PROTECTIVE ORDER 1 | includes information related to Plaintiffs. The redacted version of the file shall be designated | 2 | CONFIDENTIAL. 3 9. Inadvertent failure to designate Documents or Information as Confidential Materia 4 | shall not be deemed a waiver of confidentiality with regard to the specific Documents or Informati« 5 | not designated, or with regard to other Documents or Information. Any such inadvertent failure 6 | designate may be cured by providing notice, within a reasonable period of time after the failure 7 | designate is discovered, that the previously-produced Documents or Information are designated 8 | Confidential Materials. The receiving party shall then treat the Confidential Materials in accordan 9 | with the provisions of this Protective Order. 10 Any party that attaches, quotes from or refers to Confidential Materials in a docume 11 | filed with this Court must request to seal all Confidential Materials in accordance with L.R. 141(t 12 11. A party intending to use the Confidential Materials of a Producing Party during or 13 | argument or witness examination in open court prior to a trial shall notify the Producing Party, at 14 | the Parties shall attempt to agree upon a suitable procedure for determining how such □□□□□□□□□ 15 ] Material can be used in open court, which procedure shall minimize inconvenience to the Cov 16 } without compromising the confidential nature of the information. If the Parties cannot rea: 17 | agreement, the Party desiring to use confidential information may request a conference with tl 18 } Court to determine how such information can be used in open court. Use of Confidential Materia 19 | during trial will be determined by the Court in accordance with L.R. 141.1(b)(2). 20 12. Any access, possession, use, testing, inspection, study or copying by a Party of a1 21 | Confidential Material will not constitute a concession that the Confidential Material is in fa 22 | Confidential. 23 13. If any Party objects to the designation of any item or document as Confidential, su 24 | Party shall, within thirty (30) calendar days of receiving the Confidential Material, state the objectic 25 | and basis therefore by letter to counsel for the Producing Party, setting forth the reasons that tl 26 | Party believes the material should not be treated as Confidential. The Producing Party shall respon 27 | in writing, within fourteen (14) calendar days, setting forth the reason(s) that Party believes tl 7° D 5 of 7 Wy STIPULATION FOR PROTECTIVE ORDER 1 | material should be treated as Confidential Material. If the objection cannot be resolved by agreeme 2 | of counsel, the objecting Party may move the Court for an appropriate order regarding suc 3 | designation. The burden of proof regarding the confidential nature of the Confidential Materials shi 4 | remain with the Producing Party. Until an objection to the designation of a document has bee 5 | resolved by agreement of counsel or by order of the Court, the Confidential Materials shall be treat 6 | as Confidential Materials and remain subject to this Protective Order. 7 14. This Protective Order will not prevent any Party from applying to the Court for reli 8 | from or modification of any of its provisions at any time. 9 15. ‘In the event that any other parties are added or substituted into this case, th 10 | Protective Order will be binding on and inure to the benefit of such new parties, subject to the rig 11 | of such new parties to apply to the Court for relief from or modification of any of its provisions. 12 16. —— Neither the provisions of this Protective Order, nor any disclosure of Confidenti 13 | Material in accordance with the terms of this Protective Order, shall operate as a waiver at any tim 14 | in any other litigation, of the attorney client privilege, work product or any other applicable privile; 15 ] that any party may possess. 16 17. Nothing herein shall be deemed to limit any Party’s rights to discovery in connectic 17 ] with this action, or restrict the prosecution, defense or settlement of the Action. 18 19 DATED this 1* day of July, 2022 DATED this 1“ day of July, 2022 20 DICKINSON WRIGHT PLLC 21 /s/ Frank Bloksberg (as authorized on 7/1/22) /s/ Justin J. Bustos FRANK BLOKSBERG, (SBN 150809) JOHN P. DESMOND (SBN 176430) 22 | 578 Sutton Way, #377 JUSTIN J. BUSTOS (pro hac vice) 3 Grass Valley, CA 95945 100 West Liberty Street, Suite 940 Tel: (530) 478-0170 Reno, NV 89501 324 | Email: frank@bloksberglaw.com Tel: (775) 343-7503 Fax: (844) 670-6009 25 Att for Kevin Th E-mail: }desmond@dickinsonwright.com orney for Kevin Thompson _mail:j oki 96 | and Mia Nash E-mail: jbustos@dickinsonwright.com 07 Attorneys for Defendant The Huntington National Bank yO D, 6 of 7 W STIPULATION FOR PROTECTIVE ORDER 1 ORDER 2 The court has reviewed the parties’ stipulated protective order. (See ECF No. 18). The 3 | stipulation comports with the relevant authorities and the court’s applicable local rule. See L.R. 4 | 141.1. The court APPROVES the protective order, subject to the following clarification. The 5 | Local Rules state that once an action is closed, “unless otherwise ordered, the court will not retain 6 | jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R. 7 | 141.1(f). Courts in the district generally do not agree to retain jurisdiction for disputes concerning 8 | protective orders after closure of the case. See, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 9 | 2017 WL 495778 (E.D. Cal., Feb. 03, 2017). Thus, the court will not retain jurisdiction over this 10 | protective order once the case is closed. 11 J Dated: July 7, 2022 Foci) Aharon 13 KENDALL thom.257 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 7° D 7 of 7 Wy STIPULATION FOR PROTECTIVE ORDER