Lucy Caldera v. American Medical Collection Agency

Filing 39

ORDER RE STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver. IT IS HEREBY STIPULATED by and between Plaintiff, Lucina ("Lucy") Caldera (hereinafter referred to as "Plaintiff") and Defendant, Retrieval- Masters Cre ditors Bureau, Inc., a.k.a. American Medical Collection Agency (hereinafter referred to as "Defendant") through their respective attorneys of record, as follows: WHEREAS, Defendant has served a Third Party Document Subpoena to Total Card I nc. (hereinafter referred to as "TCI") regarding the underlying documents and settlement agreement from a an action involving Plaintiff and TCI. Plaintiff desires to maintain the confidentiality of the subject documents and Defendant has no objection to this request. THEREFORE, it is hereby stipulated, and the parties hereby request, that the Court enter a protective order. 38 (SEE ORDER FOR FURTHER DETAILS) (gr)

1
2
3
4
5
6
7

SEAN P. FLYNN (SBN: 220184)
GORDON & REES LLP
2211 Michelson Drive, Suite 400
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
E-MAIL: [e-mail]
Attorneys for Defendant
RETRIEVAL-MASTERS CREDITORS
BUREAU, INC., A.K.A. AMERICAN
MEDICAL COLLECTION AGENCY

8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12
13

LUCY CALDERA, individually and on
behalf of all others similarly situated,
Plaintiff,

14

17

ORDER RE STIPULATED
PROTECTIVE ORDER

vs.

15
16

CASE NO.: 16-cv-05421 VAP-RAO

AMERICAN MEDICAL COLLECTION
AGENCY a.k.a. RETRIEVAL-MASTERS
CREDITORS BUREAU, INC., and DOES
1 through 10, inclusive, and each of them,

18

Defendant.

19
20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28
STIPULATED PROTECTIVE ORDER

1

IT IS HEREBY STIPULATED by and between Plaintiff, Lucina (“Lucy”)

2

Caldera (hereinafter referred to as “Plaintiff”) and Defendant, Retrieval-Masters

3

Creditors Bureau, Inc., a.k.a. American Medical Collection Agency (hereinafter

4

referred to as “Defendant”) through their respective attorneys of record, as follows:

5

WHEREAS, Defendant has served a Third Party Document Subpoena to

6

Total Card Inc. (hereinafter referred to as “TCI”) regarding the underlying

7

documents and settlement agreement from a an action involving Plaintiff and TCI.

8

Plaintiff desires to maintain the confidentiality of the subject documents and

9

Defendant has no objection to this request.

10

THEREFORE, it is hereby stipulated, and the parties hereby request, that

Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

11

the Court enter a protective order as follows:

12

I.

13

SCOPE:
A.

This Protective Order shall limit the use and/or disclosure of any and

14

all documents produced in response to Defendant’s Third Party

15

Document Subpoena to TCI, which embody or disclose any

16

information, designated hereunder as “CONFIDENTIAL” or as

17

“CONFIDENTIAL--ATTORNEYS’ EYES ONLY.”

18

B.

Any person (i.e., any individual or entity) designating documents,

19

testimony, or other information as “CONFIDENTIAL” or

20

“CONFIDENTIAL--ATTORNEYS’ EYES ONLY” hereunder asserts

21

that he, she, or it believes in good faith that such material is his, her,

22

or its Confidential Information which is not otherwise available to the

23

public generally, or is Confidential Information which the person

24

believes is or may be encompassed by a pre-existing confidentiality

25

agreement with any other person.
“Confidential Information” for purposes of this

26

1.

27

Stipulation Protective Order is defined as Any settlement

28

agreements between the Calderas (i.e., Plaintiff, Armando
-1[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1
2

Caldera, Sr., and Armando Caldera, Jr.) and third-party entities.
II.

DESIGNATION OF DOCUMENTS AND DEPOSITIONS AS

3

“CONFIDENTIAL” :

4

A.

Designation of a document as “CONFIDENTIAL” by the producing

5

party shall be made by conspicuously stamping or writing

6

“CONFIDENTIAL” on each page thereof.

7

B.

Designation of a deposition or other pretrial testimony, or portions

8

thereof, as “CONFIDENTIAL” shall be made by a statement on the

9

record by counsel for the party or other person making the claim of
confidentiality at the time of such testimony. The portions of

11
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

10

depositions so designated as “CONFIDENTIAL” shall be taken only

12

in the presence of persons qualified to receive such information

13

pursuant to the terms of this Protective Order, the court reporter, the

14

deponent, and the deponent’s attorney. Failure of any person to

15

comply with a request to leave the deposition room will constitute

16

sufficient justification for the witness to refuse to answer any question

17

calling for disclosure of Confidential Information so long as persons

18

not entitled by this Protective Order to have access to such

19

information are in attendance. Thereafter, any counsel may reopen

20

the deposition into areas which the witness refused to answer after

21

bringing a motion for protective order to resolve whether the person

22

who refused to leave the deposition should be allowed to be present

23

during questioning. After resolution of said motion, counsel shall be

24

allowed to continue said deposition with respect to the questions, and

25

lines of questioning, which the deponent refused to answer, though the

26

court may order that the deposition continue outside the presence of

27

the person who refused to leave the initial deposition. The applicable

28

portions of such deposition transcripts shall be clearly marked
-2[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

“CONFIDENTIAL” on each page containing the Confidential

2

Information.

3

C.

Any party may designate documents or portions of deposition
transcripts as containing Confidential Information even if not initially

5

marked as “CONFIDENTIAL” in accordance with the terms of this

6

Protective Order by so advising counsel for each party in writing

7

within thirty (30) calendar days of the receipt of the document or

8

deposition transcript which he, she, or it wishes to designate as

9

Confidential Information. Thereafter, each such document or

10

transcript shall be treated in accordance with the terms of this

11
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

4

Protective Order. Any person served with written notice of any such

12

designation of previously produced documents or deposition

13

transcripts as containing Confidential Information shall thereafter treat

14

such information as if it had been designated as “CONFIDENTIAL”

15

at the time he, she, or it first received it in connection with this action

16

and shall mark all copies of such documents in his, her, or its

17

possession accordingly.

18

III.

LIMITATIONS ON DISCLOSURE OF CONFIDENTIAL

19

INFORMATION:

20

A.

No Confidential Information shall be disclosed by anyone receiving

21

such information to anyone other than those persons designated

22

herein, and in no event shall Confidential Information be used, either

23

directly or indirectly, by anyone receiving such information for any

24

business, commercial or competitive purpose or for any purpose

25

whatsoever other than the preparation for or trial of this action in

26

accordance with the provisions of this Protective Order.

27
28

B.

Confidential Information designated “CONFIDENTIAL” shall not be
disclosed by any person who has received such information through
-3[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

discovery in this action to any other person except to:

2

1.

employees;

3
4

The parties hereto, and their present officers, directors and

2.

Retained counsel for any party to this action and their

5

respective associates, clerks and employees involved in the

6

conduct of this litigation, but not including in-house counsel to

7

either party, defined as counsel regularly employed or paid by,

8

or associated with, a party, and/or whose offices are located

9

within any premises of a party;

10

3.

Outside experts and consultants retained by a party for the

Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

11

purpose of preparing or assisting in this litigation, and their

12

respective clerks and employees involved in assisting them in

13

this litigation, to the extent deemed necessary by counsel;

14

4.

Any person who actually was involved in the preparation of the

15

document or who appears on the face of the document as the

16

author, addressee, or other recipient or currently is affiliated

17

with the party that produced or appears to have prepared said

18

document;

19

5.

Court reporters and similar personnel, provided further that

20

Confidential Information filed with the Clerk of the Court shall

21

be sealed subject to release only by order of the Court or

22

agreement of counsel;

23

6.

Deponents with respect to whom the attorney for the examining

24

party believes in good faith that disclosure of Confidential

25

Information should be made in order to conduct relevant

26

examination of such deponent on topics about which the

27

attorney in good faith believes the deponent may have relevant

28

information. In the case of a deponent who was not an author
-4[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

or recipient of the Confidential Information, and who has not

2

previously agreed to be bound by the terms of this Order, the

3

attorney conducting the examination shall limit disclosure of

4

confidential information by any means practicable (i.e.,

5

redaction or severance of non-relevant portions) to only that

6

which is in good faith required to conduct a meaningful

7

examination of the witness, and shall show all counsel a copy

8

of said redacted document before showing it to the witness.

9

Any violation of this provision, or objection by counsel to
showing the document to the witness, shall entitle the objecting

11
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

10

party to suspend the deposition as to the Confidential

12

Information at issue and any lines of questioning relating to the

13

Confidential Information at issue, and to apply to the Court for

14

a further Protective Order or other appropriate relief;

15

7.

Any other person, either with the prior written consent of the

16

party who has designated such information as confidential or

17

pursuant to a Court order; and

18
19

8.
C.

The jury, judge and court personnel at time of trial.

Before any person described in §§ III(B)(1), (3), (6) & (7) may

20

receive, or is shown any document or information designated as

21

confidential pursuant to § II, supra, each person must:

22

1.

Be given a copy of this Protective Order;

23

2.

Must agree in writing, in the form of the “Agreement to be

24

Bound By Terms Of The Protective Order” attached hereto as

25

Exhibit A, to be bound by the terms hereof;

26

3.

The original of each such Acknowledgment and Agreement

27

shall be maintained by counsel, and transmitted via E-Mail to

28

all other counsel of record at least 5 Court Days in advance of
-5[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

receiving, or shown any document or information designated as

2

confidential pursuant to § II, supra.

3

4.

If any counsel objects to showing the signatory documents

4

subject to this Order, the objecting party shall give E-Mail

5

notice of its objections and the grounds therefore and shall have

6

five Court Days after the date it gives notice pursuant to §

7

III(D)(3) to file and serve a motion for protective order.

8

a.

If no objection is raised or no motion for protective order
is filed and served thereafter pursuant to § III(D)(4), all

9

objections shall be waived and the signatory may receive

11
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

10

and/or be shown the documents subject to this Order.

12

b.

If the person does not so agree, the person may not

13

receive and/or be shown the document until after a

14

determination of the filed motion for protective order.

15

D.

Nothing in this Protective Order shall prevent counsel for either party

16

from summarizing or discussing in general terms the nature of

17

documents designated as “CONFIDENTIAL” with representatives of

18

their respective clients, outside experts and consultants, deponents or

19

potential witnesses, provided such summary or discussion does not

20

disclose, in any way, the substance of the document so designated, the

21

Confidential Information contained therein, and/or trade secret

22

information of another party.

23

IV.

24

PROCEURES FOR FILING UNDER SEAL:
A.

All Confidential Information filed with the Court and any pleading or

25

other paper containing Confidential Information shall be filed under

26

seal pursuant to the Local Rules of this District Court.

27
28

V.

CHALLENGE TO CONFIDENTIALITY DESIGNATION:
A.

Any party who disagrees with the designation by a party of a
-6[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

document or other information as “CONFIDENTIAL” may bring a

2

motion before the Court requesting that the Court find that the

3

document or other information is, in fact, not confidential.

4

B.

Prior to bringing a motion pursuant to § V(A), a party who objects to

5

any other party’s designation of documents or other information as

6

“CONFIDENTIAL” shall notify the other party in writing of the

7

objection at least 10 Court Days prior to the filing of any such motion.

8

1.

The interested parties or other persons shall attempt to resolve
such disagreements before submitting them to the Court.

9
10

C.

Pending resolution of any dispute concerning such designation, all

Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

11

parties and persons governed by this Protective Order shall continue

12

to treat as “CONFIDENTIAL” all documents and information

13

previously designated as “CONFIDENTIAL” under the terms of this

14

Protective Order.

15

D.

If a motion challenging the confidentiality designation is brought, the

16

party or person asserting that a document or other information is

17

properly designated as “CONFIDENTIAL” shall bear the burden of

18

proving that the document or other information is Confidential

19

Information.

20
21

VI.

SURVIVAL OF ORDER - RETURN OF DOCUMENTS:
A.

The provisions of this Order shall continue in effect until otherwise

22

ordered by the Court after notice and an opportunity to be heard is

23

afforded to the parties to this action.

24

B.

The final determination or settlement of this action shall not relieve

25

any person who has received Confidential Information or agreed to be

26

bound by the terms of this Protective Order of his, her, or its

27

obligations hereunder.

28

C.

This Court shall retain jurisdiction after such final determination or
-7[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

settlement to enforce the provisions of this Order.

2

D.

Upon completion of the litigation, all documents (including copies of

3

documents) containing Confidential Information shall be destroyed or

4

returned to counsel for the producing party, except that the parties’

5

respective attorneys of record may retain one copy of each such

6

document for use in connection with any disputes which may arise

7

under the Court’s retention of jurisdiction as provided for herein.

8

E.

the receiving party shall notify the attorneys for the producing party

9

that such return or destruction occurred.

10
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

11
12

Within sixty days of the conclusion of this litigation, the attorneys for

VII.

USE OF OWN DOCUMENTS BY PRODUCING PARTY:
A.

Nothing in this Protective Order shall limit the use by any party or

13

other person of his, her or its own document(s) or information, or any

14

other documents or information obtained independently of discovery,

15

even if such document(s) or information have been designated as

16

“CONFIDENTIAL.”

17
18

VIII. APPLICATIONS TO COURT:
A.

This Protective Order shall not preclude or limit any party’s right to

19

oppose or object to discovery on any ground which otherwise would

20

be available. This Protective Order shall not preclude or limit any

21

party’s right to seek in camera review or to seek further and additional

22

protection against or limitation upon production or dissemination of

23

information produced in response to discovery, including documents

24

and their contents.

25

B.

Any person to or by whom disclosure or inspection is made in

26

violation of this Protective Order, and who has knowledge of this

27

Protective Order, shall be bound by the terms hereof.

28

C.

The parties hereby, and all other persons who receive Confidential
-8[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

Information pursuant hereto, agree that there is no adequate remedy at

2

law for any violation of this Order. Thus, in the even that any person

3

shall violate or threaten to violate any terms of this Order, the parties

4

agree that the aggrieved party may immediately apply to obtain

5

injunctive relief against any such person. In the event that the

6

aggrieved party shall do so, the responding party subject to the

7

provision of this Order shall not employ as a defense thereto the claim

8

that the aggrieved party has an adequate remedy at law.

9

D.

Any Person subject to the terms of this Order agrees that this Court
shall retain jurisdiction over it and them for the purposes of enforcing

11
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

10

this Order.

12

E.

remedies that an aggrieved party may elect to pursue.

13
14
15

The remedies set forth in this Section are not exclusive to any other

IX.

NO ADMISSIONS:
A.

Neither entering into this Stipulation for Protective Order nor

16

receiving any documents or other information designated as

17

“CONFIDENTIAL” shall be construed as an agreement or

18

admission:

19

1.

That any document or information designated as
“CONFIDENTIAL” is in fact Confidential Information;

20
21

2.

As to the correctness or truth of any allegation made or position

22

taken relative to any matter designated as “CONFIDENTIAL”

23

or

24

3.

As to the authenticity, competency, relevancy, or materiality of

25

any information or document designated as

26

“CONFIDENTIAL.”

27
28

B.

This Order is not intended to modify or waive the provisions of the
Federal Rules of Civil Procedure or the Federal Rules of Evidence.
-9[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

C.

2
3

This Order does not require the production of documents or
information that would otherwise be non-discoverable.

X.

4

SUBPOENA BY OTHER COURTS OR AGENCIES:
A.

If another court or an administrative agency subpoenas or orders

5

production of “CONFIDENTIAL” documents which a party has

6

obtained under the terms of this Order, before complying with such

7

subpoenas or orders, such party shall promptly notify the party or

8

other person who designated the documents of the pendency of such

9

subpoena or order.

10
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

11

XI.

MODIFICATION - FURTHER AGREEMENTS:
A.

approval.

12
13

The Parties may modify this Order only in writing prior to Court

B.

After Court approval of this Order, the Parties may only modify the

14

Order with permission of the Court. No purported modifications,

15

even in writing, shall be enforceable without Court permission to

16

modify the Order.

17

C.

Further, nothing contained herein shall preclude the Court from

18

making any sua sponte modification of the Order in the interests of

19

justice and/or for public policy reasons.

20
21
22

This Space Intentionally Left Blank.

23
24
25
26
27
28
-10[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1
2

XII.

COUNTERPARTS:
A.

This Stipulation for Protective Order may be executed in counterparts,

3

each of which shall be deemed an original and which together shall

4

constitute one instrument.

5

FOR GOOD CAUSE shown by the preceding, and in light of the agreement

6

of Counsel of record for the Parties as indicate below, the Court approves this

7

Order.

8
9
10

IT IS SO ORDERED.
DATED: February 8, 2017_________
UNISTED STATES MAGISTRATE
JUDGE

Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

11
12
13
14

We, the Counsel of Record for the Parties to this Action, hereby consent on
behalf of ourselves and our respective clients to the form and substance of this
agreement to the entry of our agreement as an Order of this Court.

15
16

DATED: February 8, 2017

17

GORDON & REES, LLP
By:

18
19
20

DATED: February 8, 2017

s/Sean P. Flynn
Sean P. Flynn
Attorneys for Defendant, Retrieval-Masters
Creditors Bureau, Inc., a.k.a., American
Medical Collection Agency

LAW OFFICES OF TODD M. FRIEDMAN PC

21
22
23
24

By:

s/Adrian R. Bacon
Todd M. Friedman
Adrian R. Bacon
Attorneys for Plaintiff, Lucy Caldera

25
26
27
28
-11[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

AGREEMENT TO BE BOUND BY TERMS OF THE PROTECTIVE

3

ORDER

4
5

I, _________________________, have received a copy of the Stipulation for
Protective Order and Protective Order entered in the action entitled:

6

Lucy Caldera v. American Medical Collection Agency a.k.a. Retrieval-

7

Masters Creditors Bureau, Inc., (U.S.D.C., Central District of California, Case No.

8

2:16-cv-05421-VAP-RAO).

9

I have carefully read and understand the provisions of the Protective Order.
I agree that I will comply with all provisions of the Protective Order and will use

11
Gordon & Rees LLP
2211 Michelson Drive Suite 400
Irvine, CA 92612

10

any “CONFIDENTIAL” information only for purposes of this action. At the end

12

of this litigation or my involvement in this litigation, whichever occurs first, I will

13

either destroy or return to counsel for the party by whom I am employed or

14

retained all such “CONFIDENTIAL” documents or information that comes into

15

my possession.

16
17
18

Dated:

__________________________________
Name

19
20
21
22
23
24
25
26
27
28
1122935/31525479v 1

-12[PROPOSED] ORDER RE STIPULATED PROTECTIVE ORDER