City of Los Angeles v. CitiGroup Inc et al

Filing 75

PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Protective Order 74 (ib)

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MICHAEL N. FEUER (SBN 111529)
CITY ATTORNEY
[e-mail]
JAMES P. CLARK (SBN 64780)
CHIEF DEPUTY CITY ATTORNEY
[e-mail]
CITY OF LOS ANGELES
200 N. Main Street, Room 800
Los Angeles, CA 90012
Telephone: [phone]
STEVE W. BERMAN (pro hac vice)
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 8th Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]

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ELAINE T. BYSZEWSKI (SBN 222304)
[e-mail]
LEE M. GORDON (SBN 174168)
[e-mail]
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Avenue, Suite 203
Pasadena, CA 91101
Telephone: [phone]

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[Additional Counsel Listed on Signature Page]

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Attorneys for Plaintiff the City of Los Angeles

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CITY OF LOS ANGELES, a municipal )
)
corporation,
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Plaintiff, )
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v.
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CITIGROUP INC.; CITIBANK, N.A.; )
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CITIMORTGAGE, INC.; CITICORP
)
TRUST BANK, FSB; and CITI
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HOLDINGS, INC.
)
Defendants. )
)
)
)

No. 2:13-cv-09009-ODW(RZx)
[PROPOSED] PROTECTIVE
ORDER ON AMENDED
STIPULATION REGARDING
CONFIDENTIAL
INFORMATION
DISCOVERY MATTER

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The following terms of the Amended Stipulation Regarding Confidential

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Information submitted by Plaintiff City of Los Angeles and Defendants Citigroup

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Inc., Citibank, N.A., Citimortgage, Inc., Citicorp Trust Bank, FSB, and Citi

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Holdings, Inc., meet with the approval of the court.

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IT IS HEREBY ORDERED THAT:

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PURPOSES AND SCOPE
1.

Disclosure and discovery activity in this Litigation are likely to involve

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production of confidential, proprietary, or private information for which special

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protection from public disclosure and from use for any purpose other than

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prosecuting this Litigation would be warranted. The unrestricted disclosure of such

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information would cause undue damage to the parties and their businesses.

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Accordingly, the parties in this action hereby stipulate to and petition the Court to

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enter the following Protective Order. The parties acknowledge that this Order does

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not confer blanket protections on all disclosures or responses to discovery, and that

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the protections outlined herein extend only to the limited information or items that

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are entitled to treatment as confidential under applicable legal principles.

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2.

The parties further acknowledge that this Protective Order creates no

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entitlement to file Confidential Information under seal. Local 79-5.1 sets forth the

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procedures that must be followed, and reflects the standards that will be applied,

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when a party seeks permission from the Court to file material under seal.

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3.

This Order shall govern all materials produced as part of a party’s Initial

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Disclosures under Federal Rule of Civil Procedure 26(a)(1), produced in connection

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with this Litigation, or produced in response to any discovery request in the

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Litigation (including, but not limited to, documents, deposition transcripts,

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interrogatory responses, and responses to requests for admission) or to any party or

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non-party subpoena; all information contained in those materials; and all copies,

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excerpts, or summaries of those materials (collectively, “Discovery Materials”).

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-1[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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DESIGNATING CONFIDENTIAL MATERIAL
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Any party or non-party may designate as confidential (by stamping the

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relevant page “Confidential” or as otherwise set forth herein) any Discovery

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Materials which that party or non-party (“Disclosing Party”) considers in good faith

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are confidential because they include any of the following: (a) individual personal

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information that is protected from disclosure under state or federal law (including

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identifying personal financial information); (b) trade secrets; (c) confidential

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financial information that, if disclosed to the general public or competitors of the

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Disclosing Party, could reasonably be expected to cause identifiable, significant

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harm to the Disclosing Party; (d) confidential underwriting and pricing models or

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criteria; (e) competitive compensation structures or information regarding individual

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employee compensation; or (f) information that the Disclosing Party has a duty to a

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third party or to the court to maintain as confidential (collectively, “Confidential

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Information”). The parties respectfully submit that good cause exists to protect these

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narrow categories of information as confidential, as this Litigation is predicated on

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issues related to mortgage loans issued by Defendants to their non-party customers,

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and therefore discovery in this Litigation will include disclosure of materials with

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non-public personal financial and other confidential information of these non-party

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bank customers. See, e.g., Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122,

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1134 (9th Cir. 2003) (protective order appropriate to protect “trade secrets, financial

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information, and third-party medical or personnel information”); Humboldt

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Baykeeper v. Union Pac. R. Co., 244 F.R.D. 560, 563 (N.D. Cal. 2007) (protective

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order appropriate where “disclosure … would cause an identifiable, significant

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harm”); Duling v. Gristede’s Operating Corp., 266 F.R.D. 66, 73 (S.D.N.Y. 2010)

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(protective order appropriate to protect individuals’ personal information); Star

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Scientific, Inc. v. Carter, 204 F.R.D. 410, 415-16 (S.D. Ind. 2001) (protective order

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-2[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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appropriate to protect “trade secrets and confidential information” the “public

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dissemination” of which would cause “great economic harm”).

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5.

Where a document or response consists of more than one page, the first

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page and each page on which Confidential Information appears shall be so

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designated. The parties agree, however, that confidentiality designations initially

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may be made at the document level, not the page level (each page of any documents

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so designated shall still be stamped “Confidential). If a party challenges all or any

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part of the confidentiality designation with respect to any Discovery Materials, or if a

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party provides notice that it intends to file any Discovery Materials, the Disclosing

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Party shall re-designate such Discovery Materials, as appropriate to address the non-

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disclosing party’s challenge or notice, on a page-by-page basis with respect to any

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portion to be designated “Confidential”. If the Disclosing Party does not re-designate

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such Discovery Materials on a page-by-page basis within 15 business days of

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receiving the non-disclosing party’s challenge or notice of intent to file, then the

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confidentiality designation shall be deemed withdrawn. If a party is producing a

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large volume of multi-page consumer loans documents likely to contain Confidential

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Information, in circumstances in which it may impose an undue burden to conduct a

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page-by-page or document-by-document review for Confidential Information, the

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Disclosing Party may designate all such documents as Confidential, subject to

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challenge and notice as set forth herein.

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6.

The Disclosing Party may designate information disclosed by it during a

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deposition or in response to written discovery as “Confidential” by so indicating in

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said responses or on the record at the deposition and requesting the preparation of a

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separate transcript of such material. Additionally the Disclosing Party may designate

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in writing, within 30 days after service of said responses or receipt of the deposition

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transcript for which the designation is proposed, that specific pages of the transcript

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and/or specific responses be treated as Confidential Information. Any other party

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-3[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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may object to such proposal, in writing or on the record. Deposition transcripts shall

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be treated in their entirety as Confidential Information for 30 days after receipt,

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unless a motion is due to be filed, in which case the 30 day period expires five days

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prior to the motion filing deadline. If a transcript is received within five days prior to

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a motion filing deadline, the transcript shall be treated as Confidential Information

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until two court days prior to the motion filing deadline. All parties shall affix the

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Confidential legend on each page of the deposition transcript designated Confidential

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Information at the deposition or by subsequent written notice.

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7.

If it comes to a Disclosing Party’s attention that information or items

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that it designated for protection do not qualify for protection at all, the Disclosing

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Party must promptly notify all other parties that it is withdrawing the mistaken

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designation.

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8.

A party or non-party’s inadvertent failure to timely designate any

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Discovery Materials as Confidential Information does not waive that party’s right to

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secure protection under this Order for such material. At any time, the Disclosing

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Party may designate Discovery Materials as Confidential Information by providing

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written notice to the receiving party. Upon receiving notification of the designation,

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the receiving party must make reasonable efforts to assure that the Confidential

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Information is treated in accordance with the provisions of this Order going forward.

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9.

A party or non-party’s failure to designate Discovery Materials as

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Confidential Information does not constitute forfeiture of a claim of confidentiality

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as to any other Discovery Materials.

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NONDISCLOSURE OF CONFIDENTIAL INFORMATION
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Except with the prior written consent of the Disclosing Party, or as

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otherwise permitted pursuant to this Protective Order, Discovery Materials

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designated Confidential Information shall only be used for the purpose of this

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Litigation, the related lawsuit brought against Defendants in the Central District of

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-4[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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California by the Los Angeles Unified School District (No. 14-cv-7368), and any

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lawsuit that the Court formally relates to this action (“Related Litigation”), including

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any related appellate proceedings, and not for any other present or future disputes,

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proceedings or litigation, or any other business, commercial, competitive, personal,

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private, public, or other purpose whatsoever. Should additional litigation be filed

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against Defendants that a party believes should also be designated as related

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litigation in which Confidential Information may be used, the parties will meet and

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confer in good faith regarding the issue.

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PERMISSIBLE DISCLOSURES
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Discovery Materials designated Confidential Information in accordance

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with the terms of this Protective Order shall not be disclosed to any person other than

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the following, and only to the extent necessary in connection with this or Related

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Litigation:

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a.

counsel for the parties to this Litigation or Related Litigation,

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including in-house counsel, co-counsel, and their associated attorneys, paralegals,

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and other professional personnel provided they are assisting such counsel with this

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Litigation or Related Litigation; are under the supervision or control of such counsel,

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and who have been advised by such counsel of their obligation hereunder;

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b.

persons or entities that provide litigation support services (e.g.,

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photocopying; videotaping; translating; preparing exhibits or demonstrations;

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organizing, storing, retrieving data in any form or medium; etc.) and their employees

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and subcontractors, provided they are assisting with this Litigation or Related

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Litigation and have been advised by such counsel of their obligation hereunder;

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c.

any officer or employee of a party, to the extent deemed

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necessary by counsel for the prosecution or defense of this Litigation or Related

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Litigation;

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-5[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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d.

outside consultants or expert witnesses retained or consulted in

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connection with this Litigation or Related Litigation, provided that each such person

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shall execute a copy of the certification annexed to this Protective Order as Exhibit A

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before being shown or given any Confidential Information;

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e.

other witnesses who may testify at a deposition, hearing, or at

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trial, provided that such witnesses shall execute a copy of the certification annexed to

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this Protective Order as Exhibit A before being shown or given any Confidential

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Information;

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f.

an officer before whom a deposition is taken, including

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stenographic reports and any necessary secretarial, clerical or other personnel of such

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officer, provided that such persons shall execute a copy of the certification annexed

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to this Protective Order as Exhibit A before being shown or given any Confidential

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Information;

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g.

the original authors or recipients of the Confidential Information;

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h.

the Court, court personnel and court reporters (who shall have no

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obligation to execute the certification annexed to this Protective Order as Exhibit A);

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and

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i.

any other person provided that (i) the Disclosing Party has

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consented in writing to disclosure to such other person(s) and (ii) such person(s)

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shall execute a copy of the certification annexed to this Protective Order as Exhibit A

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before being shown or given any Confidential Information.

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RESOLVING DISPUTED CLASSIFICATIONS
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Should a party wish to object to a confidential designation of any

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Discovery Materials (the “Objecting Party”), the Objecting Party shall notify the

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Disclosing Party in writing regarding the basis for the dispute (“Designation

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Objection”). In its Designation Objection, the Objecting Party shall identify the

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specific Discovery Materials as to which the designation is disputed (i.e., by

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-6[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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document bates numbers, deposition transcript page and line reference, or other

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means sufficient to locate such materials).

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a)

Within 15 days of receiving the Designation Objection, the

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Disclosing Party and the Objecting Party shall meet and confer in good faith to

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attempt to resolve the dispute without involvement of the Court.

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b)

If no resolution is reached, this Order shall be without prejudice

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to the right of the parties (i) to bring before the Court through a jointly filed

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stipulation, pursuant to Local Rules 37-1 and 37-2 governing discovery disputes, the

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question of whether any particular document or information is confidential or

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whether its use should be restricted or (ii) to present a motion to the Court under Fed.

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R. Civ. P. 26(c) for a separate protective order as to any particular document or

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information, including restrictions differing from those as specified herein. This

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Order shall not be deemed to prejudice the parties in any way in any future

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application for modification of this Order.

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c)

Nothing in this Protective Order shall be deemed to prevent the

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Disclosing Party from arguing during the determination process for limits on the use

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or manner of dissemination of Discovery Materials that is found to no longer

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constitute Confidential Information.

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SUBPOENA BY OTHER COURTS OR AGENCIES
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If at any time any Confidential Information is subpoenaed by a court,

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administrative or legislative body, or by any other person or entity purporting to have

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authority to require the production of such information, the person to whom the

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subpoena is directed shall give written notice thereof to the Disclosing Party within

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five days. After receipt of the notice specified under this paragraph, the person

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seeking to maintain confidentiality shall have the sole responsibility for obtaining

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any order it believes necessary to prevent disclosure of the Confidential Information

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that has been subpoenaed. If the person seeking to maintain confidentiality does not

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-7[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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move for a protective order or other legal intervention within the time allowed for

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production by the subpoena (or within such time as a court may direct or as may be

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agreed upon between the designating person and the subpoenaing party) and give

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written notice of such action to the subpoenaing party and the person to whom the

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subpoena is directed, the person to whom the subpoena or other request is directed

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may commence production in response thereto. Nothing in this Order shall be

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construed as authorizing a party to disobey a lawful subpoena issued in another

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action.

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FILING DOCUMENTS UNDER SEAL
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No Confidential Information shall be filed in the public record without

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the written permission of the Disclosing Party, or a court’s order. The parties shall

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comply with Local Rule 79-5.1 and the Court’s procedures (including section XVI

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and the Central District of California pilot program) when attempting to seal any

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document(s) reflecting Confidential Information.

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15.

Hard copies of any Discovery Materials containing Confidential

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Information which are served on opposing counsel shall be delivered in a sealed

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envelope stamped:

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CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
and shall be treated in accordance with the provisions of this Protective Order.
CONFIDENTIAL INFORMATION AT TRIAL OR HEARINGS
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The restrictions, if any, that will govern the use of Confidential

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Information at trial or hearings, will be determined at a later date by the Court, in

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consultation with the parties.

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INADVERTANT DISCLOSURE OF CONFIDENTIAL INFORMATION
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If a party or its counsel inadvertently discloses Confidential Information

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to persons who are not authorized, pursuant to this Order, to use or possess the

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Confidential Information, the party who inadvertently disclosed the Confidential

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-8[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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Information shall (i) provide prompt written notice of the disclosure to the

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Disclosing Party upon learning of its inadvertent disclosure; and (ii) seek the

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immediate return of the Confidential Information from the unauthorized party in

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possession of the Confidential Information.

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NON-TERMINATION
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All provisions of this Protective Order restricting the communication or

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use of Confidential Information shall continue to be binding after the conclusion of

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this Litigation. Upon the conclusion of the Litigation, including any appeals, a party

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in the possession of Confidential Information, other than that which is contained in

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pleadings, correspondence, work product, and deposition transcripts, shall either (a)

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return such documents no later than 60 days after conclusion of this action to counsel

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for the Disclosing Party, or (b) destroy such documents within 60 days, and certify in

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writing to the Disclosing Party that the documents have been destroyed. If any

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Confidential Information has been furnished under this Order to any expert or other

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third-party, counsel for the party furnishing the Confidential Information shall

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request in writing that all such Confidential Information, other than that which is

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contained in pleadings, correspondence, work product, and deposition transcripts, be

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returned to counsel or destroyed.

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MODIFICATION PERMITTED
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from seeking modification of this Protective Order.

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Nothing in this Protective Order shall prevent any party or other person

NO WAIVER OF OBJECTIONS
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Nothing in this Protective Order shall constitute a waiver of a party’s

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right to object to any Discovery Materials on any grounds or to object to the

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admission in evidence of Discovery Materials at any motion hearing or trial.

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Nothing in this Protective Order shall be deemed to expand or limit the permissible

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scope of discovery in this litigation.

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-9[PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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RESPONSIBILITY OF ATTORNEYS
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The counsel for the parties are responsible for employing reasonable

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measures, consistent with this Protective Order, to control duplication of, access to

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and distribution of copies of Confidential Information.

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22.

The counsel for the parties are responsible for administering and

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keeping the executed original copy of Exhibit A pursuant to ¶¶ 11( d), (f) , and (i)

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above.

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NO WAIVER
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Nothing herein shall be deemed to waive any applicable privilege or

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work product protection, or to affect the ability of a party to seek relief for an

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inadvertent or unintentional disclosure of Discovery Materials protected by any

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privilege or work product protection. Pursuant to the Court’s authority under Federal

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Rule of Evidence 502 and any other applicable law, rule, or legal principal, the

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inadvertent production of Discovery Materials subject to the attorney-client privilege

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or work-product immunity shall not waive the privilege or immunity if a written

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request for the return of such documents or information is made promptly after the

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Disclosing party learns of its inadvertent production. Upon such a written request,

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the receiving party shall return to the Disclosing party or destroy all copies of the

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Discovery Materials identified by the Disclosing party as subject to the privilege or

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work-product immunity.

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Nothing contained in this Protective Order and no action taken pursuant

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to it shall prejudice the right of any party to contest the alleged relevancy,

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admissibility or discoverability of Discovery Materials, whether designated

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Confidential Information or not.

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- 10 [PROPOSED] PROTECTIVE ORDER ON AMENDED
STIPULATION RE CONFIDENTIAL INFORMATION

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IT IS SO ORDERED.

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DATED: February 18, 2015

By: ____________________________________
HONORABLE RAPLH ZAREFSKY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION RE CONFIDENTIAL INFORMATION

EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, __________________________ declare under penalty of perjury that

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I have read in its entirety and understand the Stipulated Protective Order that was
issued by the United States District Court for the Central District of California in the

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case of City of Los Angeles v. Citigroup Inc., et al., Case No. 13-CV-09009. I agree

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to comply with and to be bound by all the terms of this Stipulated Protective Order

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and I understand and acknowledge that failure to so comply could expose me to

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sanctions and punishment in the nature of contempt. I solemnly promise that I will

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not disclose in any matter any information or item that is subject to this Stipulated

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Protective Order to any person or entity except in strict compliance with the

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provisions of this Order. I further agree to submit to the jurisdiction of the United

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States District Court for the Central District of California for the purpose of

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enforcing the terms of this Stipulated Protective Order.
Date:

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City and State:

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Printed name:
Signature:

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STIPULATION RE CONFIDENTIAL INFORMATION

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CERTIFICATE OF SERVICE

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I hereby certify that on January 2, 2015, I electronically filed the foregoing

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document using the CM/ECF system which will send notification of such filing to

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the e-mail addresses registered in the CM/ECF system, as denoted on the Electronic

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Mail Notice List.
/s/ Andy Katz
Andy Katz

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CERTIFICATE OF SERVICE