City of Los Angeles v. JPMorgan Chase & Co. et al

Filing 59

PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Protective Order 58 (ib)

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MICHAEL 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]

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Attorneys for Plaintiff the City of Los Angeles
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STEVEN J. OLSON (SBN 182240)
[e-mail]
ELIZABETH L. MCKEEN (SBN 216690)
[e-mail]
ROBERT M. SWERDLOW (SBN 200266)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]

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Attorneys for Defendants JPMorgan Chase & Co.;
JPMorgan Chase Bank, N.A.; and Chase Manhattan
Bank USA, N.A.

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[ADDITIONAL COUNSEL LISTED ON SIGNATURE PAGE]

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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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CITY OF LOS ANGELES, a municipal )
)
corporation,
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Plaintiff, )
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v.
)
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JPMORGAN CHASE & CO.;
JPMORGAN CHASE BANK, N.A.; and )
CHASE MANHATTAN BANK USA, )
N.A.,
)
)
Defendants. )
)
)

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[PROPOSED] PROTECTIVE ORDER ON STIPULATION
REGARDING CONFIDENTIAL INFORMATION

No. 2:14-CV-04168-ODW (RZx)
[PROPOSED] PROTECTIVE
ORDER ON STIPULATION
REGARDING CONFIDENTIAL
INFORMATION
DISCOVERY MATTER

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The following terms of the Stipulation Regarding Confidential Information

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submitted by Plaintiff City of Los Angeles and Defendants JPMorgan Chase & Co.,

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JPMorgan Chase Bank, N.A., and Chase Manhattan Bank USA, N.A., meet with the

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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 of the parties and

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third-parties for which special protection from public disclosure and from use for any

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purpose other than prosecuting this Litigation is warranted. The unrestricted

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disclosure of such information would cause undue damage to the parties, their

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businesses, and third-parties. Accordingly, the parties in this action hereby stipulate

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to and petition the Court to enter the following Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or

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responses to discovery, and that the protections outlined herein extend only to the

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limited information or items that are entitled to treatment as confidential under

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applicable legal principles.

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2.

The parties further acknowledge, as set forth in paragraph 16, that this

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Protective Order creates no entitlement to file Confidential Information, as defined in

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paragraph 4, under seal. Local 79-5.1 and the Pilot Project for the Electronic

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Submission and Filing of Under Seal Documents for the Central District of

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California, where applicable, set forth the procedures that must be followed, and

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reflect the standards that will be applied, when a party seeks permission from the

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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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-1[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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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) 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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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 (“Designating 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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Designating Party, could reasonably be expected to cause identifiable, significant

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harm to the Designating 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 Designating 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. See, e.g., Foltz v. State Farm Mut.

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Auto. Ins. Co., 331 F.3d 1122, 1134 (9th Cir. 2003) (protective order appropriate to

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protect “trade secrets, financial information, and third-party medical or personnel

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information”); Humboldt Baykeeper v. Union Pac. R. Co., 244 F.R.D. 560, 563

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(N.D. Cal. 2007) (protective order appropriate where “disclosure … would cause an

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identifiable, significant harm”); Duling v. Gristede’s Operating Corp., 266 F.R.D.

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66, 73 (S.D.N.Y. 2010) (protective order appropriate to protect individuals’ personal

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information); Star Scientific, Inc. v. Carter, 204 F.R.D. 410, 415-16 (S.D. Ind. 2001)

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(protective order appropriate to protect “trade secrets and confidential information”

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-2[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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

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parties also respectfully note that this showing of good cause is identical to that in

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the entered protective order in the related lawsuit, City of Los Angeles v. Wells Fargo

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& Co. and Wells Fargo Bank, N.A., No. 13-cv-09007-ODW (RZx), in the Central

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District of California.

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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 Designating

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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 Designating Party does not re-

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

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of 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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Designating 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 Designating Party may designate information disclosed by it during

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a 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. Additionally the Designating Party

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may designate in writing, within 30 days after service of said responses or receipt of

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-3[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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

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the transcript and/or specific responses be treated as Confidential Information. Any

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other party may object to such proposal, in writing or on the record. Deposition

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transcripts shall be treated in their entirety as Confidential Information for 30 days

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after receipt, unless a motion is due to be filed, in which case the 30-day period

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

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five days prior to a motion filing deadline, the transcript shall be treated as

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Confidential Information until two court days prior to the motion filing deadline. All

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parties shall affix the Confidential legend required by paragraph 4 on each page of

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the deposition transcript designated Confidential Information at the deposition or by

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subsequent written notice.

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7.

In the event that a party believes that any Discovery Materials produced

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by a Designating Party contain its own Confidential information, such party (the

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“Designating Party”) may request, by notice in writing to the parties, that such

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documents be considered Confidential under the terms of this Protective Order.

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Absent any challenges to said request, such documents shall be considered so

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designated. Any challenges to such designation shall follow the procedure outlined

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below and shall in all respects be considered as if the Designating Party produced the

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material in the first instance with the designation.

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8.

To the extent that information stored or recorded in the form of

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electronic or magnetic media (including information, files, databases, or programs

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stored on any digital or analog machine-readable device, computers, discs, networks

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or tapes) (“computerized material”) is produced in a native or other form such that it

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cannot be stamped as described in the preceding paragraphs, the Designating Party

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may designate such matter as Confidential by cover letter referring generally to such

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matter and by labeling such media accordingly.

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-4[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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9.

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

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

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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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10.

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

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

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

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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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11.

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 Designating 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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California by the Los Angeles Unified School District (No. 14-cv-7369), and any

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

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any direct appeals from such lawsuits, and not for any other present or future

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

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personal, private, public, or other purpose whatsoever. Should additional litigation

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be filed 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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-5[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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PERMISSIBLE DISCLOSURES
13.

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 Litigation or

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Related Litigation, as defined in paragraph 12:

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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 obligations hereunder;
b.

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

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photocopying; e-discovery processing and hosting vendors; videotaping; translating;

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preparing exhibits or demonstrations; organizing, storing, or retrieving data in any

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form or medium; etc.) and their employees and subcontractors, provided they are

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assisting with this Litigation or Related Litigation, and have been advised by such

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counsel of their obligation hereunder;

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c.

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

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

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Related Litigation;

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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 and individuals employed or

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engaged by them, provided that each such person shall execute a copy of the

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certification annexed to this Protective Order as Exhibit A before being shown or

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given any Confidential Information;

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e.

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

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

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-6[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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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

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such officer;

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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; and

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i.

any other person provided that (i) the Designating 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
14.

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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Designating Party in writing of the basis for the dispute (the “Designation

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

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

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by 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 10 business days of receiving the Designation Objection,

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the Designating 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, at

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any time the question of whether any particular document or information is

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confidential or whether its use should be restricted or (ii) to present a motion to the

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-7[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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Court under Fed. R. Civ. P. 26(c) for a separate protective order as to any particular

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document or information, including restrictions differing from those as specified

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herein. This Order shall not be deemed to prejudice the parties in any way in any

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future application for modification of this Order.

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c)

Pending a ruling by the Court, the disputed designation shall

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continue to be treated as Confidential Information under the terms of this Protective

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Order. Nothing in this Protective Order shall be deemed to prevent the Designating

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Party from arguing during the determination process for limits on the use or manner

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of dissemination of Discovery Materials that is found to no longer constitute

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Confidential Information.

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SUBPOENA BY OTHER COURTS OR AGENCIES
15.

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 Designating Party within

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

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person seeking to maintain confidentiality shall have the sole responsibility for

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

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Information that has been subpoenaed. If the person seeking to maintain

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confidentiality does not move for a protective order or other legal intervention within

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the time allowed for production by the subpoena (or within such time as a court may

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direct or as may be agreed upon between the designating person and the subpoenaing

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party) and give written notice of such action to the subpoenaing party and the person

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

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is directed may commence production in response thereto.

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-8[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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FILING DOCUMENTS UNDER SEAL
16.

No Confidential Information shall be filed in the public record without

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

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comply with L.R. 79-5.1 and the Pilot Project for the Electronic Submission and

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Filing of Under Seal Documents for the Central District of California, where

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applicable.

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17.

Copies of any pleading, brief, or other Discovery Materials containing

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Confidential Information which are served on opposing counsel shall be delivered in

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a sealed 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 Material

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

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with the parties.

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

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Designating 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 or secure their agreement to abide by the

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protections of this Order.

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-9[PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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ACTIONS TO PROTECT AGAINST UNAUTHORIZED DISCLOSURE OF

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PERSONALLY IDENTIFIABLE INFORMATION

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20.

In the event that the Court determines that there is an actual or

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threatened breach of this Order by a party who received Confidential Information

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that contains personally identifiable information (e.g., private contact information,

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personally identifiable financial information, etc.), the parties agree that the

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Designating Party would not have an adequate remedy at law regarding the

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unauthorized disclosure of such personally identifiable information and would be

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entitled to specific performance, and/or injunctive relief, to enforce the terms of this

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Order, in addition to any other remedy the party may be entitled at law or in equity.

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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 Designating Party, or (b) destroy such documents within 60 days, and certify

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in writing to the Designating Party that the documents have been destroyed.

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Notwithstanding this provision, counsel are entitled to retain an archival copy of all

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pleadings, motion papers, transcripts, legal memoranda, correspondence, or attorney

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work product, even if such materials contain Confidential Information. Any such

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archival copies that contain or constitute Confidential Information remain subject to

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this Order for so long as the copies are maintained. If any Confidential Information

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has been furnished under this Order to any expert or other third-party, counsel for the

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party furnishing the Confidential Information shall request in writing that all such

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Confidential Information, other than that which is contained in pleadings,

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- 10 [PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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correspondence, work product, and deposition transcripts, be returned to counsel or

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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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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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25.

The counsel for the parties are responsible for administering and

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keeping the executed original copy of Exhibit A pursuant to ¶¶ 10(d), (e), (f), and (i)

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above.

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SHIPPING PROTECTED MATERIAL
26.

When any party physically ships any Discovery Materials containing

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personally identifiable information to others designated in this Order as authorized to

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receive such Discovery Materials, the receiving party will encrypt such electronic

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data (if the Discovery Materials are in that format) and supply the password in

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separate correspondence to the recipient. If the Discovery Materials containing

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personally identifiable information are in hard copy/paper form, the receiving party

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will ship the Discovery Materials using secure packaging and a tracking number. If

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the receiving party learns at any time that such Discovery Materials may have been

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- 11 [PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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improperly viewed by unauthorized parties during shipment, it will promptly notify

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the Designating Party and take reasonable measures to retrieve the improperly

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disclosed Discovery Materials. This Paragraph does not apply to the exchange of

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Discovery Materials via e-mail or other electronic transmission.

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NO WAIVER
27.

Nothing herein shall be deemed to waive any applicable privilege, work

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product protection, or other legal or statutory protection from or prohibition of

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disclosure, or to affect the ability of a party to seek relief for an inadvertent or

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unintentional disclosure of Discovery Materials protected by any privilege, work

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product protection, or other law or statute. Pursuant to the Court’s authority under

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

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the inadvertent or unintentional production of Discovery Materials subject to the

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attorney-client privilege or work-product immunity shall not waive the privilege or

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immunity in this proceeding or any other federal or state proceeding, either as to

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specific information in the Discovery Materials or as to any other Confidential

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Information relating thereto or on the same or related subject matters, if a written

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request for the return of such documents or information (the “Identified Materials”)

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is made promptly after the producing party or the Designating Party learns of its

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inadvertent or unintentional production. Upon such a written request, the receiving

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party shall return to the Designating Party the Identified Materials. The contents of

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the Identified Materials shall not be disclosed to anyone who was not already aware

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of the contents of them before the notice was made.

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28.

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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- 12 [PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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IT IS SO ORDERED.

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DATED: February 18, 2015

By: ____________________________________
HONORABLE RALPH ZAREFSKY
UNITED STATES MAGISTRATE JUDGE

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- 13 [PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, __________________________ declare under penalty of perjury that
I have read in its entirety and understand the Stipulated Protective Order that was

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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. JPMorgan Chase & Co., et al., Case No. 14-CV-

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04168. I agree to comply with and to be bound by all the terms of this Stipulated

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Protective Order and I understand and acknowledge that failure to so comply could

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expose me to sanctions and punishment in the nature of contempt. I solemnly

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promise that I will not disclose in any matter any information or item that is subject

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to this Stipulated Protective Order to any person or entity except in strict compliance

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

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United 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.

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Date:
City and State:

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Printed name:

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Signature:

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- 14 [PROPOSED] PROTECTIVE ORDER ON STPIULATION
REGARDING CONFIDENTIAL INFORMATION

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CERTIFICATE OF SERVICE
I hereby certify that on February 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 the

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

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Notice List.

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/s/ Andy Katz
Andy Katz

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