JPMorgan Chase Bank NA v. Mega Capital Funding Inc

Filing 33

PROTECTIVE ORDER by Magistrate Judge Alka Sagar. (See Order for complete details) (afe)

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DAVID D. PIPER, CASB No. 179889
[e-mail]
DAVID A. TONG, CASB No. 238971
[e-mail]
KEESAL, YOUNG & LOGAN
A Professional Corporation
400 Oceangate, P.O. Box 1730
Long Beach, California 90801-1730
Telephone: [phone]; Facsimile: [phone]
-andGREGORY M. SUDBURY, Admitted Pro Hac
[e-mail]
QUILLING, SELANDER, LOWNDS,
WINSLETT & MOSER, P.C.
2001 Bryan Street, Suite 1800
Dallas, Texas 75201
Telephone: [phone]; Facsimile: [phone]
Attorneys for Plaintiff
JPMORGAN CHASE BANK, N.A.
THOMAS J. RYU, CASB No. 155749
[e-mail]
RYU LAW FIRM, APC
3435 Wilshire Boulevard, Suite 2050
Los Angeles, California 90010
Telephone: [phone]; Facsimile: [phone]
Attorneys for Defendant
MEGA CAPITAL FUNDING, INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JPMORGAN CHASE BANK, N.A.,

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Plaintiff,

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vs.
MEGA CAPITAL FUNDING, INC.,

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Defendant.

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Case No. 2:14-cv-01187-GHK-AS
[PROPOSED] PROTECTIVE ORDER

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KYL_LB1735383.v2

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The parties to this Protective Order have agreed to the terms of this Order;
accordingly, it is ORDERED:
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Good cause exists for the entry of this Protective Order because the

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production of financial information related to borrowers who are not parties to this

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action is contemplated, and the protection of such information is imperative in order to

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safeguard the privacy rights of borrowers whose loans may be relevant to the claims

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and defenses of the Parties in this matter.

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2.

Scope. All materials produced or adduced in the course of disco-

very, including initial disclosures, responses to discovery requests, deposition

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testimony and exhibits, and information derived directly therefrom (hereinafter

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collectively “documents”), shall be subject to this Order concerning Confidential

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Information as defined below. This Order is subject to the Local Rules of this District

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and the Federal Rules of Civil Procedure on matters of procedure and calculation of

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time periods.

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3.

Confidential Information. As used in this Order, “Confidential

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Information” means information designated as “CONFIDENTIAL-SUBJECT TO

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PROTECTIVE ORDER” by the producing party that falls within one or more of the

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following categories: (a) information prohibited from disclosure by statute; (b)

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information that reveals trade secrets; (c) research, technical, commercial or financial

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information that the party has maintained as confidential; (d) personal identity infor-

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mation; or (e) personnel, employment, or financial records of a person who is not a party

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to the case. Information or documents that are available to the public may not be

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designated as Confidential Information.

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4.

Designation.
(a)

A party may designate a document as Confidential Informa-

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tion for protection under this Order by placing or affixing the words “CONFIDENTIAL

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- SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a

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manner that will not interfere with the legibility of the document. As used in this

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Order, “copies” includes electronic images, duplicates, extracts, summaries or

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descriptions that contain the Confidential Information. The marking “CONFIDEN-

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TIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or at the time

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the documents are produced or disclosed. Applying the marking “CONFIDENTIAL -

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SUBJECT TO PROTECTIVE ORDER” to a document does not mean that the

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document has any status or protection by statute or otherwise except to the extent and

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for the purposes of this Order. Any copies that are made of any documents marked

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“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall also be so marked,

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except that indices, electronic databases or lists of documents that do not contain

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substantial portions or images of the text of marked documents and do not otherwise

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disclose the substance of the Confidential Information are not required to be marked.
(b)

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The designation of a document as Confidential Information is

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a certification by an attorney, or a party appearing pro se, that the document contains

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Confidential Information as defined in this order.

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5.

Depositions.

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Unless all parties agree on the record at the time the deposition testimony

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is taken, all deposition testimony taken in this case shall be treated as Confidential

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Information until the expiration of the following: no later than the fourteenth day after

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the transcript is delivered to any party or the witness, and in no event later than sixty

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days after the testimony was given. Within this time period, a party may serve a Notice

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of Designation to all parties of record as to specific portions of the testimony that are

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designated Confidential Information, and thereafter only those portions identified in the

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Notice of Designation shall be protected by the terms of this Order. The failure to serve

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a timely Notice of Designation shall waive any designation of testimony taken in that

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deposition as Confidential Information, unless otherwise ordered by the Court.

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6.

Protection of Confidential Material.
(a)

General Protections. Confidential Information shall not be

used or disclosed by the parties, counsel for the parties or any other persons identified

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in subparagraph (b) for any purpose whatsoever other than in this litigation, including

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any appeal thereof.

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(b)

Limited Third-Party Disclosures. The parties and counsel

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for the parties shall not disclose or permit the disclosure of any Confidential Informa-

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tion to any third person or entity except as set forth in subparagraphs (1)-(9). Subject to

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these requirements, the following categories of persons may be allowed to review

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Confidential Information:

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(1)

Counsel. Counsel for the parties and employees of

counsel who have responsibility for the action;

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(2)

Parties. Individual parties and employees of a party;

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(3)

The Court and its personnel;

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(4)

Court Reporters and Recorders. Court reporters and

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recorders engaged for depositions;

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(5)

Contractors. Those persons specifically engaged for

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the limited purpose of making copies of documents or organizing or processing docu-

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ments, including outside vendors hired to process electronically stored documents;

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(6)

Consultants and Experts. Consultants, investigators,

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or experts employed by the parties or counsel for the parties to assist in the preparation

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and trial of this action but only after such persons have completed the certification

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contained in Attachment A, Acknowledgment of Understanding and Agreement to Be

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Bound;

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(7)

Witnesses at depositions. During their depositions,

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witnesses in this action to whom disclosure is reasonably necessary. Witnesses shall

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not retain a copy of documents containing Confidential Information, except witnesses

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may receive a copy of all exhibits marked at their depositions in connection with

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review of the transcripts.

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(8)

Author or recipient. The author or recipient of the

document (not including a person who received the document in the course of

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litigation); and

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(9)

Others by Consent. Other persons only by written

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consent of the producing party or upon order of the Court and on such conditions as

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may be agreed or ordered.

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(c)

Control of Documents. Counsel for the parties shall make

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reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential

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Information. Counsel shall maintain the originals of the forms signed by persons

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acknowledging their obligations under this Order for a period of three years after the

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termination of the case.
7.

Inadvertent Failure to Designate. An inadvertent failure to desig-

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nate a document as Confidential Information does not, standing alone, waive the right

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to so designate the document; provided, however, that a failure to serve a timely Notice

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of Designation of deposition testimony as required by this Order, even if inadvertent,

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waives any protection for deposition testimony. If a party designates a document as

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Confidential Information after it was initially produced, the receiving party, on notifi-

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cation of the designation, must make a reasonable effort to assure that the document is

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treated in accordance with the provisions of this Order. No party shall be found to have

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violated this Order for failing to maintain the confidentiality of material during a time

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when that material has not been designated Confidential Information, even where the

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failure to so designate was inadvertent and where the material is subsequently desig-

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nated Confidential Information.

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8.

Filing of Confidential Information. This Order does not, by

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itself, authorize the filing of any document under seal. Any filing of Confidential

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Information with the Court under seal must comply with Local Rule 79-5.

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9.

No Greater Protection of Specific Documents. Except on

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privilege grounds not addressed by this Order, no party may withhold information from

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discovery on the ground that it requires protection greater than that afforded by this

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Order unless the party moves for an order providing such special protection.

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10.

Challenges by a Party o r N o n - P a r t y to Designation as

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Confidential Information. Challenges to the designation of Confidential

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Information may be made by a party or non-party. Challenges made by a party

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shall comply with Local Rule 37.0, et. seq., including the requirement that parties

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submit a joint stipulation concerning matters in dispute.

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11.

Action by the Court. Any applications to the Court relating to the

materials or documents designated as Confidential Information shall be in accordance
with the Local Rules.
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Use of Confidential Documents or Information at Trial.

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Nothing in this Order shall be construed to affect the use of any document, material, or

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information at any trial or hearing. A party that intends to present or that anticipates

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that another party may present Confidential information at a hearing or trial shall bring

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that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum

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without disclosing the Confidential Information. The Court may thereafter make such

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orders as are necessary to govern the use of such documents or information at trial.

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13.

Confidential Information Subpoenaed or Ordered Produced in

Other Litigation.
(a)

If a receiving party is served with a subpoena or an order

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issued in other litigation that would compel disclosure of any material or document

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designated in this action as Confidential Information, the receiving party must so notify

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the designating party, in writing, immediately and in no event more than three court

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days after receiving the subpoena or order. Such notification must include a copy of

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the subpoena or court order.

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(b)

The receiving party also must immediately inform in writing

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the party who caused the subpoena or order to issue in the other litigation that some or

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all of the material covered by the subpoena or order is the subject of this Order. In

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addition, the receiving party must deliver a copy of this Order promptly to the party in

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the other action that caused the subpoena to issue.
(c)

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The purpose of imposing these duties is to alert the interested

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persons to the existence of this Order and to afford the designating party in this case an

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opportunity to try to protect its Confidential Information in the court from which the

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subpoena or order issued. The designating party shall bear the burden and the expense

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of seeking protection in that court of its Confidential Information, and nothing in these

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provisions should be construed as authorizing or encouraging a receiving party in this

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action to disobey a lawful directive from another court. The obligations set forth in this

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paragraph remain in effect while the party has in its possession, custody or control

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Confidential Information by the other party to this case.

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14.

Obligations on Conclusion of Litigation.
(a)

Order Continues in Force. Unless otherwise agreed or

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ordered, this Order shall remain in force after dismissal or entry of final judgment not

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subject to further appeal.

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(b)

Obligations at Conclusion of Litigation. Within sixty-

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three days after dismissal or entry of final judgment not subject to further appeal, all

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Confidential Information and documents marked “CONFIDENTIAL - SUBJECT TO

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PROTECTIVE ORDER” under this Order, including copies as defined in ¶ 3(a), shall

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be returned to the producing party unless: (1) the document has been offered into

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evidence or filed without restriction as to disclosure; (2) the parties agree to destruction

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to the extent practicable in lieu of return; or (3) as to documents bearing the notations,

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summations, or other mental impressions of the receiving party, that party elects to

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destroy the documents and certifies to the producing party that it has done so.

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(c)

Retention of Work Product and one set of Filed

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Documents. Notwithstanding the above requirements to return or destroy documents,

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counsel may retain (1) attorney work product, including an index that refers or relates

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to designated Confidential Information so long as that work product does not duplicate

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verbatim substantial portions of Confidential Information, and (2) one complete set of

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all documents filed with the Court including those filed under seal. Any retained

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Confidential Information shall continue to be protected under this Order. An attorney

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may use his or her work product in subsequent litigation, provided that its use does not

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disclose or use Confidential Information.

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(d)

Deletion of Documents filed under Seal from Electronic

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Case Filing (ECF) System. Filings under seal shall be deleted from the ECF system

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only upon order of the Court.

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15.

Order Subject to Modification. This Order shall be subject to

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modification by the Court on its own initiative, or by Court Order approving the

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parties’ stipulation to a modification of the terms of the existing protective order.

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16.

No Prior Judicial Determination. This Order is entered based on

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the representations and agreements of the parties and for the purpose of facilitating

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discovery. Nothing herein shall be construed or presented as a judicial determination

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that any document or material designated Confidential Information by counsel or the

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parties is entitled to protection under Rule 26(c) of the Federal Rules of Civil Procedure

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or otherwise until such time as the Court may rule on a specific document or issue.

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Persons Bound. This Order shall take effect when entered and

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shall be binding upon all counsel of record and their law firms, the parties, and persons

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made subject to this Order by its terms.

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SO ORDERED.

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June 20, 2014
DATED: ________________

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/s/
THE HONORABLE ALKA SAGAR
U.S. MAGISTRATE JUDGE

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KYL_LB1735383.v2

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ATTACHMENT A

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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JPMORGAN CHASE BANK, N.A.,
Plaintiff,

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v.

No. 2:14-CV-01187-GHK-AS
ACKNOWLEDGEMENT AND
AGREEMENT TO BE BOUND TO
PROTECTIVE ORDER

MEGA CAPITAL FUNDING, INC.,
Defendant.

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The undersigned hereby acknowledges that he/she has read the Protective

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Order dated in the above-captioned action and attached hereto, understands the terms

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thereof, and agrees to be bound by its terms. The undersigned submits to the jurisdic-

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tion of the United States District Court for the Central District of California in matters

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relating to the Protective Order and understands that the terms of the Protective Order

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obligate him/her to use materials designated as Confidential Information in accordance

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with the Order solely for the purposes of the above-captioned action, and not to

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disclose any such Confidential Information to any other person, firm or concern.

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The undersigned acknowledges that violation of the Confidentiality Order
may result in penalties for contempt of court.

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Name:
Job Title:
Employer:

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Business Address

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DATED: _____________________

________________________________
Signature
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