Compu-Link Corp. v. PHH Mortgage Corp. ( 2023 )

1 Richard A. Jacobsen (pro hac vice) 2 Jennifer L. Gray (SBN 287855) Thomas N. Kidera (pro hac vice) jennifer.gray@foster.com ORRICK, HERRINGTON & SUTCLIFFE LLP 3 Christopher G. Emch (SBN 168877) 51 West 52nd Street chris.emch@foster.com New York, NY 10019-6142 4 FOSTER GARVEY PC Telephone: (212) 506 5000 1800 Century Park East, Suite 600 Facsimile: (212) 506 5151 5 Los Angeles, CA 90067 Email: rjacobsen@orrick.com Telephone: +1 626 755 6149 tkidera@orrick.com 6 Aaron M. Rubin (State Bar No. 320880) Attorneys for Plaintiff 7 ORRICK, HERRINGTON & SUTCLIFFE LLP COMPU-LINK CORPORATION, dba 2050 Main Street, Suite 1100 8 CELINK Irvine, CA 92614-8255 Telephone: (949) 567-6700 9 Facsimile: (949) 567-6710 Email: amrubin@orrick.com 10 Attorneys for Defendant 11 PHH MORTGAGE CORPORATION 12 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 COMPU-LINK CORPORATION, DBA Case No. 2:22-cv-00983-KJM-KJN CELINK a Michigan Corporation, 18 STIPULATED PROTECTIVE ORDER 19 Plaintiff, v. 20 PHH MORTGAGE CORPORATION, a 21 New Jersey Corporation, 22 Defendant. 23 Pursuant to Federal Rules of Civil Procedure 5.2, 7 and 26 and Local Rules 141, 141.1, 143 24 and 251, the parties to the above-entitled action hereby submit this Stipulated Protective Order as 25 follows: 26 27 28 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the court to enter a Stipulated Protective Order. The 6 parties acknowledge that this Order does not confer blanket protections on all disclosures or 7 responses to discovery and that the protection it affords from public disclosure and use extends 8 only to the limited information or items that are entitled to confidential treatment under the 9 applicable legal principles. The parties further acknowledge, as set forth in Section 13.3, below, 10 that this Stipulated Protective Order does not entitle them to file confidential information under 11 seal; Local Rule 141 sets forth the procedures that must be followed and the standards that will be 12 applied when a party seeks permission from the court to file material under seal. 13 2. DEFINITIONS 14 2.1 Challenging Party: A Party or Non-Party that challenges the designation of 15 information or items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule 18 of Civil Procedure 26(c). The Parties agree that such information containing sensitive personal 19 information, including, but not limited to, names, Social Security numbers, home telephone 20 numbers and addresses, places or positions of work, tax returns, medical information, credit 21 information, banking information, other information for which applicable federal or state law 22 requires confidential treatment, information that is subject to the Gramm-Leach-Bliley Act, 15 23 U.S.C. § 6802, et seq., and its implementing regulations, including, but not limited to, any portion 24 of a mortgage loan file, spreadsheet or other document or data set that includes financial or credit 25 information for any person (including any credit history, report, or score obtained on any such 26 person to determine the individual's eligibility for credit), and/or documents or data that constitute 27 “consumer reports,” as that term is defined in the Fair Credit Reporting Act, 15 U.S.C. § 1681a, 28 1 that may have been collected or produced in connection with mortgage loans (collectively, “Non- 2 Party Borrower Information”) constitutes Confidential Information. 3 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 4 as their support staff). 5 2.4 Designated House Counsel: House Counsel who seeks access to “HIGHLY 6 CONFIDENTIAL – ATTORNEY’S EYES ONLY” information in this matter. 7 2.5 Designating Party: A Party or Non-Party that designates information or items that it 8 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 9 CONFIDENTIAL—ATTORNEY’S EYES ONLY.” 10 2.6 Disclosure or Discovery Material: all items or information, regardless of the 11 medium or manner in which it is generated, stored, or maintained (including, among other things, 12 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 13 responses to discovery in this matter. 14 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 15 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 16 consultant in this action. 17 2.8 “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY” Information or 18 Items: information (regardless of how it is generated, stored or maintained) or tangible things that 19 are extremely sensitive “Confidential” Information or Items, the disclosure of which would result 20 in a clearly defined, serious and irreparable injury to the Designating Party that cannot reasonably 21 be avoided by less restrictive means. 22 2.9 House Counsel: attorneys who are employees of a party to this action. House 23 Counsel does not include Outside Counsel of Record or any other outside counsel. 24 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal 25 entity not named as a Party to this action. 26 2.11 Outside Counsel of Record: attorneys who are not employees of a party to this action 27 but are retained to represent or advise a party to this action and have appeared in this action on 28 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 1 2.12 Party: any party to this action, including all of its officers, directors, employees, 2 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 3 2.13 Producing Party: A Party or Non-Party that produces Disclosure or Discovery 4 Material in this action. 5 2.14 Professional Vendors: persons or entities that provide litigation support services 6 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 7 storing, or retrieving data in any form or medium) and their employees and subcontractors. 8 2.15 Protected Material: any Disclosure or Discovery Material that is designated as 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY.” 10 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material from a 11 Producing Party. 12 3. SCOPE 13 The protections conferred by this Order cover not only Protected Material (as defined 14 above), but also (1) any information copied or extracted from Protected Material; (2) all copies, 15 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, 16 or presentations by Parties or their Counsel that might reveal Protected Material. However, the 17 protections conferred by this Stipulation and Order do not cover the following information: (a) any 18 information that is in the public domain at the time of disclosure to a Receiving Party or becomes 19 part of the public domain after its disclosure to a Receiving Party as a result of publication not 20 involving a violation of this Order, including becoming part of the public record through trial or 21 otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained 22 by the Receiving Party after the disclosure from a source who obtained the information lawfully 23 and under no obligation of confidentiality to the Designating Party. Any use of Protected Material 24 at trial shall be governed by a separate agreement or order. 25 4. DURATION 26 Even after final disposition of this litigation, the confidentiality obligations imposed by this 27 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 28 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 1 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 2 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 3 time limits for filing any motions or applications for extension of time pursuant to applicable law. 4 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 6 or Non-Party that designates information or items for protection under this Order must take care to 7 limit any such designation to specific material that qualifies under the appropriate standards. The 8 Designating Party must designate for protection only those parts of material, documents, items, or 9 oral or written communications that qualify – so that other portions of the material, documents, 10 items, or communications for which protection is not warranted are not swept unjustifiably within 11 the ambit of this Order. 12 However, in order to expedite the production of voluminous materials, such as loan and 13 servicing files, the Producing Party may, but is not required to, produce materials without a detailed 14 review for confidentiality designation and may designate collections of documents that by their 15 nature contain Confidential Information, notwithstanding that some of the documents within the 16 collection may not qualify for such designation. The Producing Party’s “bulk” designation of 17 documents shall not constitute waiver of any Producing Party’s rights set forth in this stipulation. 18 Notwithstanding the foregoing, the Receiving Party may at any time challenge the designation of 19 one or more documents or other materials on the grounds that they do not qualify for protection. If 20 the Producing Party has produced documents or other materials in another action, investigation or 21 other proceeding without detailed, or any, review to determine whether privilege or other immunity 22 from discovery applies, no Party shall claim that production of those documents or other materials 23 in such other action, investigation, or other proceeding constitutes a waiver of any privilege or 24 protection with respect to the documents or other materials produced. 25 Designations that are shown to be clearly unjustified or that have been made for an improper 26 purpose (e.g., to unnecessarily encumber or retard the case development process or to impose 27 unnecessary expenses and burdens on other parties) expose the Designating Party to sanctions. 28 1 If it comes to a Designating Party’s attention that information or items that it designated for 2 protection do not qualify for protection, that Designating Party must promptly notify all other 3 Parties that it is withdrawing the mistaken designation. 4 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 5 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 6 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 7 designated before the material is disclosed or produced. 8 Designation in conformity with this Order requires: 9 (a) For information in documentary form (e.g., paper or electronic documents, but 10 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 11 affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES 12 ONLY” to each page that contains protected material. If only a portion or portions of the material 13 on a page qualifies for protection, the Producing Party also must clearly identify the protected 14 portion(s) (e.g., by making appropriate markings in the margins). 15 A Party or Non-Party that makes original documents or materials available for inspection 16 need not designate them for protection until after the inspecting Party has indicated which material 17 it would like copied and produced. During the inspection and before the designation, all of the 18 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 19 Party has identified the documents it wants copied and produced, the Producing Party must 20 determine which documents, or portions thereof, qualify for protection under this Order. Then, 21 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL” 22 or “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY” legend to each page that 23 contains Protected Material. If only a portion or portions of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 25 appropriate markings in the margins). 26 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 27 Designating Party identify on the record, before the close of the deposition, hearing, or other 28 proceeding, all protected testimony. Alternatively, a Designating Party may have up to 30 days 1 after the deposition, hearing, or other proceeding to designate such testimony as 2 “CONFIDENTIAL” or “HIGHLY-CONFIDENTIAL—ATTORNEY’S EYES ONLY.” 3 (c) for information produced in some form other than documentary and for any other 4 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 5 or containers in which the information or item is stored the legend “CONFIDENTIAL” or 6 “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY.” If only a portion or portions of the 7 information or item warrant protection, the Producing Party, to the extent practicable, shall identify 8 the protected portion(s). 9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 10 designate qualified information or items does not, standing alone, waive the Designating Party’s 11 right to secure protection under this Order for such material. Upon timely correction of a 12 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 13 in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 16 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 17 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 18 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 19 challenge a confidentiality designation by electing not to mount a challenge promptly after the 20 original designation is disclosed. 21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 22 by providing written notice of each designation it is challenging and describing the basis for each 23 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 24 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 25 of the Order. The parties shall attempt to resolve each challenge in good faith and must begin the 26 process by conferring directly (in voice-to-voice dialogue; other forms of communication are not 27 sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must 28 explain the basis for its belief that the confidentiality designation was not proper and must give the 1 Designating Party an opportunity to review the designated material, to reconsider the 2 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 3 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 4 has engaged in this meet and confer process first or establishes that the Designating Party is 5 unwilling to participate in the meet and confer process in a timely manner. 6 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 7 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 8 Local Rule 230 and 251 (and in compliance with Civil Local Rule 141 and 141.1, if applicable) 9 within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the 10 meet and confer process will not resolve their dispute, whichever is earlier. Each such motion must 11 be accompanied by a competent declaration affirming that the movant has complied with the meet 12 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 13 make such a motion including the required declaration within 21 days (or 14 days, if applicable) 14 shall automatically waive the confidentiality designation for each challenged designation. In 15 addition, the Challenging Party may file a motion challenging a confidentiality designation at any 16 time if there is good cause for doing so, including a challenge to the designation of a deposition 17 transcript or any portions thereof. Any motion brought pursuant to this provision must be 18 accompanied by a competent declaration affirming that the movant has complied with the meet and 19 confer requirements imposed by the preceding paragraph. 20 The burden of persuasion in any such challenge proceeding shall be on the Designating 21 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 22 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 23 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 24 to retain confidentiality as described above, all parties shall continue to afford the material in 25 question the level of protection to which it is entitled under the Producing Party’s designation until 26 the court rules on the challenge. 27 7. ACCESS TO AND USE OF PROTECTED MATERIAL 28 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 1 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 2 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 3 the categories of persons and under the conditions described in this Order. When the litigation has 4 been terminated, a Receiving Party must comply with the provisions of section 14 below (FINAL 5 DISPOSITION). 6 Protected Material must be stored and maintained by a Receiving Party at a location and in 7 a secure manner that ensures that access is limited to the persons authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 9 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 10 information or item designated “CONFIDENTIAL” only to: 11 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 12 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 13 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 14 attached hereto as Exhibit A; 15 (b) the officers, directors, and employees (including House Counsel) of the Receiving 16 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 19 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 20 to Be Bound” (Exhibit A); 21 (d) the court and its personnel; 22 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 23 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 24 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 26 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 27 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 28 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 1 bound by the court reporter and may not be disclosed to anyone except as permitted under this 2 Stipulated Protective Order. 3 (g) the author or recipient of a document containing the information or a custodian or 4 other person who otherwise possessed or knew the information. 5 7.3 Disclosure of “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY” 6 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 7 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY 8 CONFIDENTIAL—ATTORNEY’S EYES ONLY” only to: 9 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 10 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 11 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 12 (Exhibit A); 13 (b) Designated House Counsel of the Receiving Party (1) to whom disclosure is 14 reasonably necessary for this litigation. 15 (c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for 16 this litigation and (2) who have signed the “Acknowledgement and Agreement to be Bound” 17 (Exhibit A); and 18 (d) The Court and its personnel necessary for the resolution of any dispute over a 19 “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY” designation, provided the Local 20 Rules regarding materials submitted in camera and/or under seal are strictly followed. 21 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 22 LITIGATION 23 If a Party is served with a subpoena or a court order issued in other litigation that compels 24 disclosure of any information or items designated in this action as “CONFIDENTIAL” or 25 “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY,” that Party must: 26 (a) promptly notify in writing the Designating Party. Such notification shall include a 27 copy of the subpoena or court order; 28 (b) promptly notify in writing the party who caused the subpoena or order to issue in 1 the other litigation that some or all of the material covered by the subpoena or order is subject to 2 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 3 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 4 Designating Party whose Protected Material may be affected. 5 If the Designating Party timely seeks a protective order, the Party served with the subpoena 6 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 7 or “HIGHLY CONFIDENTIAL—ATTORNEY’S EYES ONLY” before a determination by the 8 court from which the subpoena or order issued, unless the Party has obtained the Designating 9 Party’s permission. The Designating Party shall bear the burden and expense of seeking protection 10 in that court of its confidential material – and nothing in these provisions should be construed as 11 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 12 another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 14 LITIGATION 15 (a) The terms of this Order are applicable to information produced by a Non-Party in 16 this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL— 17 ATTORNEY’S EYES ONLY.” Such information produced by Non-Parties in connection with this 18 litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions 19 should be construed as prohibiting a Non-Party from seeking additional protections. 20 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 21 Party’s confidential information in its possession, and the Party is subject to an agreement with the 22 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 23 (1) promptly notify in writing the Requesting Party and the Non-Party that some or 24 all of the information requested is subject to a confidentiality agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order 26 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 27 information requested; and 28 (3) make the information requested available for inspection by the Non-Party. 1 (c) If the Non-Party fails to object or seek a protective order from this court within 14 2 days of receiving the notice and accompanying information, the Receiving Party may produce the 3 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 4 seeks a protective order, the Receiving Party shall not produce any information in its possession or 5 control that is subject to the confidentiality agreement with the Non-Party before a determination 6 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 7 of seeking protection in this court of its Protected Material. 8 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 10 Material to any person or in any circumstance not authorized under this Order, the Receiving Party 11 must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) 12 use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person 13 or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) 14 request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 15 (Exhibit A). 16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 17 MATERIAL 18 When a Producing Party gives notice to Receiving Parties that certain inadvertently 19 produced material is subject to a claim of privilege or other protection, the obligations of the 20 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 21 is not intended to modify whatever procedure may be established in an e-discovery order that 22 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) 23 and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 24 information covered by the attorney-client privilege or work product protection, the parties may 25 incorporate their agreement in the stipulated protective order submitted to the court. 26 12. PRODUCTION OF NON-PARTY BORROWER INFORMATION 27 Production of any Non-Party Borrower Information in this Action pursuant to this 28 stipulation shall satisfy and shall constitute compliance with the Producing Party’s obligations 1 under any federal or state law or other legal authority governing the disclosure or use of Non-Party 2 Borrower Information, including but not limited to the Gramm-Leach-Bliley Act and the Fair Credit 3 Reporting Act (“Non-Party Borrower Information Law”) and any rules or regulations promulgated 4 thereunder, and the disclosure of any Non-Party Borrower Information in this Action pursuant to 5 this stipulation shall constitute disclosure of such Non-Party Borrower Information pursuant to 15 6 U.S.C. § 6802(e)(8), 16 C.F.R. 313.15(a)(7)(iii), 15 U.S.C. § 1681b(a)(1) and any other law that is 7 similar, comparable or equivalent to 15 U.S.C. § 6802(e)(8), 16 C.F.R. 313.15(a)(7)(iii) or 15 8 U.S.C. § 1681b(a)(1). To the extent that any Non-Party Borrower Information Law requires a Party 9 to obtain a subpoena or to give notice to or obtain consent, in any form or manner, from any person 10 or entity before disclosure, receipt, or use of any Non-Party Borrower Information, the Court finds 11 that, in view of the protections provided for such information in this stipulation, the volume of 12 documents to be produced and the ongoing oversight of the Court, there is good cause to excuse 13 such requirement, and the Court hereby Orders that such Party is exempted from obtaining a court- 14 ordered subpoena or having to notify and/or obtain consent from any person or entity prior to the 15 disclosure, receipt, or use of Non-Party Borrower Information. To the extent that any Non-Party 16 Borrower Information Law requires that any person or entity be notified prior to disclosure, receipt 17 or use of Non-Party Borrower Information except where such notice is prohibited by court order, 18 the Court hereby Orders that, in view of the protections provided for the information disclosed in 19 this stipulation, the volume of documents to be produced and the ongoing oversight of the Court, 20 the Parties are explicitly prohibited from providing such notice; provided, however, that this 21 stipulation shall not prohibit any Party from contacting any person or entity for any other purpose. 22 Any Party may seek additional orders from this Court that such Party believes may be necessary to 23 comply with any Non-Party Borrower Information Law. 24 13. MISCELLANEOUS 25 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 26 seek its modification by the court in the future. 27 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 28 no Party waives any right it otherwise would have to object to disclosing or producing any 1 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 2 Party waives any right to object on any ground to use in evidence of any of the material covered by 3 this Protective Order. 4 13.3 Filing Protected Material. Without written permission from the Designating Party 5 or a court order secured after appropriate notice to all interested persons, a Party may not file in the 6 public record in this action any Protected Material. A Party that seeks to file under seal any 7 Protected Material must comply with Local Rule 141. Protected Material may only be filed under 8 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. 9 Pursuant to Local Rule 141, a sealing order will issue only upon a request establishing that the 10 Protected Material at issue is entitled to protection under applicable law. If a Party’s request to file 11 Protected Material under seal pursuant to Local Rule 141 is denied by the court, then a Party may 12 file the information in the public record pursuant to Civil Local Rule 141 unless otherwise 13 instructed by the court. 14 14. FINAL DISPOSITION 15 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 16 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 17 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 18 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 19 the Protected Material is returned or destroyed, the Receiving Party must submit a written 20 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 21 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 22 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 23 abstracts, compilations, summaries or any other format reproducing or capturing any of the 24 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy 25 of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 26 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 27 and expert work product, even if such materials contain Protected Material. Any such archival 28 copies that contain or constitute Protected Material remain subject to this Order as set forth in 1 Section 4 (DURATION). 2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 3 4 Dated: February 1, 2023 FOSTER GARVEY PC 5 By: /s/ Jennifer L. Gray 6 Jennifer L. Gray 7 Christopher G. Emch 8 Attorneys for Plaintiff Compu-Link Corporation, dba Celink 9 10 11 Dated: February 1, 2023 ORRICK, HERRINGTON & SUTCLIFFE LLP 12 By: /s/ Aaron M. Rubin Richard A. Jacobsen 13 Thomas N. Kidera Aaron M. Rubin 14 15 Attorneys for Defendant PHH Mortgage Corporation 16 17 FILER’S ATTESTATION 18 **Filer attests that all other signatories listed, and on whose behalf the filing is submitted, concur in 19 the filing’s content and have authorized the filing. 20 Dated: February 1, 2023 /s/ Jennifer L. Gray 21 Jennifer L. Gray 22 23 24 25 26 27 28 1 ORDER 2 The court has reviewed the parties’ stipulated protective order. (See ECF No. 37). 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 || 141.18) see also, e.g., MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., 8 || Feb. 03, 2017) (noting that courts in the district generally do not agree to retain jurisdiction for 9 || disputes concerning protective orders after closure of the case). Thus, the court will not retain 10 || jurisdiction over this protective order once the case is closed. 11 |] Dated: February 2, 2023 Aectl Aharon 13 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 14 | comp.0983 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -16- 1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of _________________ 5 [print or type full address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States District Court for 7 the Eastern District of California on ____________ [date] in the case of Compu-Link Corporation, 8 dba Celink v. PHH Mortgage Corporation (Case No. 2:22-cv-00983-KJM-KJN). I agree to comply 9 with and to be bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment in the nature 11 of contempt. I solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict compliance with 13 the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 15 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, 16 even if such enforcement proceedings occur after termination of this action. 17 I hereby appoint __________________________ [print or type full name] of 18 _______________________________________ [print or type full address and telephone number] 19 as my California agent for service of process in connection with this action or any proceedings 20 related to enforcement of this Stipulated Protective Order. 21 22 Date: ______________________________________ 23 City and State where sworn and signed: _________________________________ 24 25 Printed name: _______________________________ 26 27 Signature: __________________________________ 28