Gonzales v. Nelnet Servicing, LLC ( 2024 )

1 || Madison R. Way, (State Bar No. 341036) mway @jonesday.com 2 || Jones Day 555 S Flower Street, Floor 50 3 || Los Angeles, California 90071 Telephone: +1.213.489.3939 4 | Facsimile: +1.213.243.2539 5 Attorney for Defendant EXPERIAN INFORMATION 6 || SOLUTIONS, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAHNER GONZALES, Case No. 23-cv-1963-DAD-CKD 3 Plaintiff, Hon. Dale Alan Drozd V. STIPULATED PROTECTIVE 14 ORDER 15 | EQUIFAX INFORMATION: Ea CES LLC: EXPERIAN a Complaint filed: September 16 | INFORMATION SOLUTIONS, INC.; , 7 AND, TRANS UNION LLC, Defendants. 18 19 20 IT IS HEREBY STIPULATED by and between all parties, through their 21 || respective attorneys of record, as follows: 22 WHEREAS, documents and information have been and may be sought, 23 || produced or exhibited by and among the parties to this action relating to trade 24 || secrets, confidential research, development, technology or other proprietary 25 || information belonging to the defendants and/or personal income, credit and other 26 || confidential information of Plaintiff. 27 THEREFORE, an Order of this Court protecting such confidential 28 || information shall be and hereby is made by this Court on the following terms: STIPULATED PROTECTIVE ORDER Case No. 23-cv-1963-DAD-CKI 1 2 1. This Order shall govern the use, handling and disclosure of all 3 || documents, testimony or information produced or given in this action which are designated to be subject to this Order in accordance with the terms hereof. 6 2. Any party or non-party producing or filing documents or other 7 || materials in this action (the “Producing Party”) may designate such materials and the information contained therein subject to this Order by typing or stamping on the 109 || front of the document, or on the portion(s) of the document for which confidential 11 | treatment is designated, “Confidential.” 3, If a Producing Party believes in good faith that, despite the provisions 14 || of this Protective Order, there is a substantial risk of identifiable harm to the I5 Producing Party if particular documents it designates as “Confidential” are : disclosed to all other parties or non-parties to this action, the Producing Party may 1g || designate those particular documents as “Confidential—Attorneys’ Eyes Only.” 19 4, To the extent any motions, briefs, pleadings, deposition transcripts, or other papers to be filed with the Court incorporate documents or information 32 || subject to this Order, the party filing such papers shall designate such materials, or 23 portions thereof, as “Confidential,” or “Confidential—Attorneys’ Eyes Only” and shall file them with the clerk under seal; provided, however, that a copy of such 26 || filing having the confidential information deleted therefrom may be made part of 27 28 ease No dev. 1963 □□□ □□ 1 || the public record. Any party filing any document under seal must comply with the requirements of Civil Local Rule 141. 4 5. All documents, transcripts, or other materials subject to this Order, and 5 || all information derived therefrom (including, but not limited to, all testimony given in a deposition, declaration or otherwise, that refers, reflects or otherwise discusses g || any information designated “Confidential” or “Confidential—Attorneys’ Eyes 9 Only” hereunder), shall not be used, directly or indirectly, by any person , including the other Defendants, for any business, commercial or competitive purposes or for 12 || any purpose whatsoever other than solely for the preparation for and trial of this 13 | action in accordance with the provisions of this Order. 6. Except with the prior written consent of the individual or entity 16 || designating a document or portions of a document as “Confidential,” or pursuant to V7 prior Order after notice, any document, transcript or pleading given “Confidential” treatment under this Order, and any information contained in or derived from any 20 || such materials (including but not limited to, all deposition testimony that refers to, 71 reflects or otherwise discusses any information designated “Confidential” hereunder) may not be disclosed other than in accordance with this Order and may 24 || not be disclosed to any person other than: (a) the Court and its officers; (b) parties 25 to this litigation; (c) counsel for the parties, whether retained outside counsel or in- house counsel and employees of counsel assigned to assist such counsel in the 28 || preparation of this litigation; (d) fact witnesses subject to a proffer to the Court or a STIPULATED PROTECTIVE ORDER , Case No. 23-cv-1963-DAD-CKI 1 || stipulation of the parties that such witnesses need to know such information; [and] (e) present or former employees of the Producing Party in connection with their 4 || depositions in this action (provided that no former employees shall be shown 5 | documents prepared after the date of his or her departure), and (f) experts specifically retained as consultants or expert witnesses in connection with this g || litigation. 9 7. Except with the prior written consent of the individual or entity designating a document or portions of a document as “Confidential—Attomeys’ 12 || Eyes Only,” or pursuant to prior Order after notice, any document, transcript or 13 pleading given “Confidential—Attorneys’ Eyes Only” treatment under this Order, and any information contained in or derived from any such materials (including but 16 || not limited to, all deposition testimony that refers to, reflects or otherwise discusses V7 any information designated “Confidential—Attorneys’ Eyes Only” hereunder) may not be disclosed other than in accordance with this Order and may not be disclosed 20 || to any person other than: (a) a party’s retained outside counsel of record in this 71 action, as well as employees of said outside counsel to whom it is reasonably necessary to disclose the information for this litigation and who have signed the 24 || “Declaration of Compliance” that is attached hereto as Exhibit A; (b) experts 25 specifically retained as consultants or expert witnesses in connection with this litigation who have signed the “Declaration of Compliance” (Exhibit A); (c) the 28 || Court and its personnel; (d) court reporters, their staffs, and professional vendors to STIPULATED PROTECTIVE ORDER | Case No. 23-cv-1963-DAD-CKI 1 || whom disclosure is reasonably necessary for this litigation and who have signed the “Declaration of Compliance” (Exhibit A); and (ec) the author of the document or the 4 || original source of the information. 5 8. Documents produced pursuant to this Order shall not be made available to any person designated in Subparagraph 6(f) [or 7(b)] unless he or she g || shall have first read this Order, agreed to be bound by its terms, and signed the 9 Il attached “Declaration of Compliance” (Exhibit A). 9. All persons receiving any or all documents produced pursuant to this 12 |} Order shall be advised of their confidential nature. All persons to whom 13 | confidential information and/or documents are disclosed are hereby enjoined from disclosing same to any person except as provided herein, and are further enjoined 16 || from using same except in the preparation for and trial of the above-captioned action between the named parties thereto. No person receiving or reviewing such confidential documents, information or transcript shall disseminate or disclose them 20 || to any person other than those described above in Paragraph 6 and Paragraph 7 and 71 for the purposes specified, and in no event shall such person make any other use of such document or transcript. 24 10. Nothing in this Order shall prevent a party from using at trial any 25 information or materials designated “Confidential” or “Confidential—Attorneys’ 26 7 Eyes Only.” 28 ease No dev. 1963 □□□ □□ l 11. This Order has been agreed to by the parties to facilitate discovery and the production of relevant evidence in this action. Neither the entry of this Order, 4 || nor the designation of any information, document, or the like as “Confidential,” or 5 “Confidential—Attorneys’ Eyes Only,” nor the failure to make such designation, shall constitute evidence with respect to any issue in this action. 12. Within sixty (60) days after the final termination of this litigation, all 9 documents, transcripts, or other materials afforded confidential treatment pursuant to this Order, including any extracts, summaries or compilations taken therefrom, 12 || but excluding any materials which in the good faith judgment of counsel are work 13 product materials, shall be returned to the Producing Party. 13. In the event that any party to this litigation disagrees at any point in 16 || these proceedings with any designation made under this Protective Order, the V7 parties shall first try to resolve such dispute in good faith on an informal basis. If the dispute cannot be resolved, the party objecting to the designation may seek 20 || appropriate relief from this Court. During the pendency of any challenge to the 71 designation of a document or information, the designated document or information shall continue to be treated as “Confidential” or ““Confidential—Attorneys’ Eyes 24 || Only” subject to the provisions of this Protective Order. 25 14. Nothing herein shall affect or restrict the rights of any party with respect to its own documents or to the information obtained or developed 28 STIPULATED PROTECTIVE ORDER Case No. 23-cv-1963-DAD-CKI 1 || independently of documents, transcripts and materials afforded confidential treatment pursuant to this Order. 4 15. The Court retains the right to allow disclosure of any subject covered 5 by this stipulation or to modify this stipulation at any time in the interest of Justice. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE □□□ 1 || Dated: May 1, 2024 JONES DAY 2 3 By:_/s/ Madison R. Way 4 Madison R. Way 5 Attorney for Defendant EXPERIAN INFORMATION SOLUTIONS, 6 INC. 7 8 || Dated: May 1, 2024 SEYFARTH SHAW LLP 9 10 By:_/s/ Jibril Greene Jibril Greene 1] (as authorized on April 9, 2024) 12 Attorney for Defendant 13 EQUIFAX INFORMATION SERVICES LLC 14 Dated: May 1, 2024 QUILEING: SELANDER, LOWNDS, I5 INSLETT & MOSER, P.C. 16 17 By:_/s/ Jennifer Wade 18 Jennifer Wade, Esq. | (as authorized on April 15, 2024) 19 Attorney for Defendant 0 TRANS UNION, LLC 21 09 Dated: May 1, 2024 LOKER LAW, APC 23 4 By: _/s/ Scott Plescia Scott Plescia 25 (as authorized on April 9, 2024) Attomey for Plaintiff RAHNER GONZALES 27 28 STIPULATED PROTECTIVE ORDER ° Case No. 23-cv-1963-DAD-CKI 1 ORDER 2 The Court has reviewed the parties’ stipulated protective order. (ECF No. 39.) 3 || The stipulation comports with the relevant authorities and the court’s applicable local 4 | rule. See L.R. 141.1. The Court APPROVES the protective order, subject to the 5 || following clarification. The Court’s Local Rules indicate that once an action is 6 || closed, it “will not retain jurisdiction over enforcement of the terms of any protective 7 || order filed in that action.” L.R. 141.1(f); see also, e.g., MD Helicopters, Inc. v. 8 || Aerometals, Inc., 2017 WL 495778 (E.D. Cal., Feb. 03, 2017) (noting that courts in 9 || the district generally do not retain jurisdiction for disputes concerning protective 10 || orders after closure of the case). Thus, the Court will not retain jurisdiction over this 11 || protective order once the case is closed. Additionally, the parties shall consider 12 || resolving any dispute arising under the stipulated protective order according to the 13 |} Court’s informal discovery dispute procedure. 14 — 15 Dated: May 1, 2024 I Card. Kt ip (a he 16 GAROLYNK.DELANEY | UNITED STATES MAGISTRATE JUDGE 17 1g || S2om9923 19 20 21 22 23 24 25 26 27 28 STIPULATED TROTECTIVE □□□□□ 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 I, , declare as follows: 4 1. My address is 5 6 2. My present employer is 7 8 3. My present occupation or job description is 9 . 10 4. I have received a copy of the Stipulated Protective Order entered in 11 this action on ,20__.. 12 5. [have carefully read and understand the provisions of this Stipulated 13 Protective Order. 14 6. I will comply with all provisions of this Stipulated Protective Order. 15 7. Iwill hold in confidence, and will not disclose to anyone not qualified 16 under the Stipulated Protective Order, any information, documents or 17 other materials produced subject to this Stipulated Protective Order. 18 8. I will use such information, documents or other materials produced 19 subject to this Stipulated Protective Order only for purposes of this 20 present action. 21 9. Upon termination of this action, or upon request, I will return and 22 deliver all information, documents or other materials produced subject 23 to this Stipulated Protective Order, and all documents or things which I 24 have prepared relating to the information, documents or other 25 materials that are subject to the Stipulated Protective Order, to my 26 counsel in this action, or to counsel for the party by whom I am 27 employed or retained or from whom I received the documents. 28 STIPULATED PROTECTIVE ORDE 1 10.I hereby submit to the jurisdiction of this Court for the purposes of 2 enforcing the Stipulated Protective Order in this action. 3 4 I declare under penalty of perjury under the laws of the United States that the 5 || foregoing is true and correct. 6 Executed this _ day of ,20__,at 7 8 9 / 55 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE □□□□