Ani Ghazaryan v. Discover Bank et al

Filing 27

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. (See Order for details) re Stipulation for Protective Order 26 (vm)

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1 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 650 TOWN CENTER DRIVE, SUITE 1200 COSTA MESA, CALIFORNIA 92626-1925 TELEPHONE (714) 668-2400 FACSIMILE (714) 668-2490 2 3 4 5 6 Donald E. Bradley (State Bar No. 145037) Attorneys for Defendant TRANS UNION LLC 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 ANI GHAZARYAN, an individual, 12 Plaintiff, Case No. 2:16-cv-09052 RGK (MRWx) Hon. Michael R. Wilner, Courtroom 550 13 vs. 14 STIPULATED PROTECTIVE ORDER 15 DISCOVER BANK, NATIONAL ASSOCIATION; TRANS UNION, 16 LLC, a Delaware limited liability 17 company; and DOES 1 through 10, inclusive, 18 19 Defendants. 20 21 1. INTRODUCTION 22 1.1 23 Discovery in this action is likely to involve production of confidential, PURPOSES AND LIMITATIONS 24 proprietary, or private information for which special protection from public 25 disclosure and from use for any purpose other than prosecuting this litigation may 26 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 27 enter the following Stipulated Protective Order. The parties acknowledge that this 28 Order does not confer blanket protections on all disclosures or responses to 1049752.1 STIPULATED PROTECTIVE ORDER 1 discovery and that the protection it affords from public disclosure and use extends 2 only to the limited information or items that are entitled to confidential treatment 3 under the applicable legal principles. The parties further acknowledge, as set forth 4 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 5 file confidential information under seal; Civil Local Rule 79-5 sets forth the 6 procedures that must be followed and the standards that will be applied when a party 7 seeks permission from the court to file material under seal. 8 1.2 GOOD CAUSE STATEMENT 9 The Parties seek confidential protection for all documents, testimony, 10 transcripts or other materials in this action produced by any party or non-party and 11 the information contained therein. The documents to be produced by Defendants 12 contain critical information regarding their computer systems involved in credit 13 reporting. These defendants’ credit-reporting businesses rely on the use of their 14 computer hardware and software. Trans Union has worked hard and incurred great 15 cost to update its computer hardware and software to create the best possible credit16 reporting system. 17 Moreover, documents to be produced by Discover may include those related 18 to its confidential and proprietary business systems and mechanisms or other 19 information generally unavailable to the public. 20 In order to operate national credit reporting services, defendant Trans Union 21 had to design its unique computer systems to process information received from tens 22 of thousands of diverse lenders and other entities involved in the credit industry, 23 from the public record and from other sources. Extremely sophisticated and unique 24 computer software design was necessary to allow these defendants to process that 25 information in the form of credit reports as accurately as possible when a customer 26 applies for credit. Defendant Trans Union has spent hundreds of millions of dollars 27 and countless hours of employee time developing its unique and sophisticated 28 computer systems. MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 2 STIPULATED PROTECTIVE ORDER The sophistication of Trans Union’s computer systems is a major advantage 1 2 for it in the marketplace. Were information about its highly sophisticated computer 3 systems to get into the hands of its competitors, it would enable the competitors to 4 enhance their own systems and, in so doing, remove the marketing edge currently 5 enjoyed by them. Similarly, were information about its design and workings to get 6 into the hands of a would-be competitor, it would greatly facilitate that would-be 7 competitor's efforts to develop its own sophisticated computer system. Each of 8 these would have a serious financial impact on Trans Union. Were this same type of 9 information to get into criminal hands, it would facilitate the efforts of those who 10 seek to improperly access this defendant’s files on consumers and perpetrate identity 11 fraud. It would also facilitate the efforts of those who seek to make changes to 12 information in consumers’ files. In addition to impairing the privacy of consumers, 13 such actions could lead to a loss of confidence in defendant Trans Union. This loss 14 of confidence, critical in the credit reporting business, could put Trans Union out of 15 business. 16 Finally, Plaintiff and Defendants will be disclosing Plaintiff's sensitive 17 personal information, and confidential information of other individuals may also be 18 disclosed. It is extremely important that this information remain protected and not 19 be readily available due to the dangers of identity theft. 20 2. DEFINITIONS 21 2.1 Action: Ani Ghazaryan v. Discover Bank, National Association, et al., 22 pending in the United States District Court for the Central District of California, 23 Western Division – Los Angeles, bearing Case No. 2:16-cv-09052-RGK-MRW. 24 2.2 Challenging Party: a Party or Non-Party that challenges the designation 25 of information or items under this Order. 26 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 27 how it is generated, stored or maintained) or tangible things that qualify for 28 protection under Federal Rule of Civil Procedure 26(c), and as specified above in MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 3 STIPULATED PROTECTIVE ORDER 1 the Good Cause Statement. 2 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 3 their support staff). 4 2.5 Designating Party: a Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL.” 7 2.6 Disclosure or Discovery Material: all items or information, regardless 8 of the medium or manner in which it is generated, stored, or maintained (including, 9 among other things, testimony, transcripts, and tangible things), that are produced or 10 generated in disclosures or responses to discovery in this matter. 11 2.7 Expert: a person with specialized knowledge or experience in a matter 12 pertinent to the litigation who has been retained by a Party or its counsel to serve as 13 an expert witness or as a consultant in this Action. 14 2.8 House Counsel: attorneys who are employees of a party to this Action. 15 House Counsel does not include Outside Counsel of Record or any other outside 16 counsel. 17 2.9 Non-Party: any natural person, partnership, corporation, association, or 18 other legal entity not named as a Party to this action. 19 2.10 Outside Counsel of Record: attorneys who are not employees of a 20 party to this Action but are retained to represent or advise a party to this Action and 21 have appeared in this Action on behalf of that party or are affiliated with a law firm 22 which has appeared on behalf of that party, and includes support staff. 23 2.11 Party: any party to this Action, including all of its officers, directors, 24 employees, consultants, retained experts, and Outside Counsel of Record (and their 25 support staffs). 26 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 27 Discovery Material in this Action. 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 4 STIPULATED PROTECTIVE ORDER 1 2.13 Professional Vendors: persons or entities that provide litigation 2 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 3 demonstrations, and organizing, storing, or retrieving data in any form or medium) 4 and their employees and subcontractors. 5 2.14 Protected Material: any Disclosure or Discovery Material that is 6 designated as “CONFIDENTIAL.” 7 2.15 Receiving Party: a Party that receives Disclosure or Discovery 8 Material from a Producing Party. 9 3. 10 SCOPE The protections conferred by this Stipulation and Order cover not only 11 Protected Material (as defined above), but also (1) any information copied or 12 extracted from Protected Material; (2) all copies, excerpts, summaries, or 13 compilations of Protected Material; and (3) any testimony, conversations, or 14 presentations by Parties or their Counsel that might reveal Protected Material. 15 Any use of Protected Material at trial will be governed by the orders of the 16 trial judge. This Order does not govern the use of Protected Material at trial. 17 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations 19 imposed by this Order will remain in effect until a Designating Party agrees 20 otherwise in writing or a court order otherwise directs. Final disposition will be 21 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 22 or without prejudice; and (2) final judgment herein after the completion and 23 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 24 including the time limits for filing any motions or applications for extension of time 25 pursuant to applicable law. 26 5. DESIGNATING PROTECTED MATERIAL 27 5.1 Exercise of Restraint and Care in Designating Material for Protection. 28 Each Party or Non-Party that designates information or items for protection under MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 5 STIPULATED PROTECTIVE ORDER 1 this Order must take care to limit any such designation to specific material that 2 qualifies under the appropriate standards. The Designating Party must designate for 3 protection only those parts of material, documents, items, or oral or written 4 communications that qualify so that other portions of the material, documents, 5 items, or communications for which protection is not warranted are not swept 6 unjustifiably within the ambit of this Order. 7 Mass, indiscriminate, or routinized designations are prohibited. Designations 8 that are shown to be clearly unjustified or that have been made for an improper 9 purpose (e.g., to unnecessarily encumber the case development process or to impose 10 unnecessary expenses and burdens on other parties) may expose the Designating 11 Party to sanctions. If it comes to a Designating Party’s attention that information or items that it 12 13 designated for protection do not qualify for protection that Designating Party must 14 promptly notify all other Parties that it is withdrawing the inapplicable designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in 16 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 17 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 18 under this Order must be clearly so designated before the material is disclosed or 19 produced. 20 Designation in conformity with this Order requires: 21 (a) for information in documentary form (e.g., paper or electronic 22 documents, but excluding transcripts of depositions or other pretrial or trial 23 proceedings), that the Producing Party affix at a minimum, the legend 24 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 25 contains protected material. If only a portion or portions of the material on a page 26 qualifies for protection, the Producing Party also must clearly identify the protected 27 portion(s) (e.g., by making appropriate markings in the margins). 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 6 STIPULATED PROTECTIVE ORDER 1 A Party or Non-Party that makes original documents available for inspection 2 need not designate them for protection until after the inspecting Party has indicated 3 which documents it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection will be 5 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 6 documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, 8 before producing the specified documents, the Producing Party must affix the 9 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 10 portion or portions of the material on a page qualifies for protection, the Producing 11 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 12 markings in the margins). 13 (b) for testimony given in depositions that the Designating Party identify 14 the Disclosure or Discovery Material on the record, before the close of the 15 deposition all protected testimony. 16 (c) for information produced in some form other than documentary and for 17 any other tangible items, that the Producing Party affix in a prominent place on the 18 exterior of the container or containers in which the information is stored the legend 19 “CONFIDENTIAL.” If only a portion or portions of the information warrants 20 protection, the Producing Party, to the extent practicable, will identify the protected 21 portion(s). 22 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 23 failure to designate qualified information or items does not, standing alone, waive 24 the Designating Party's right to secure protection under this Order for such material. 25 Upon timely correction of a designation, the Receiving Party must make reasonable 26 efforts to assure that the material is treated in accordance with the provisions of this 27 Order. 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 7 STIPULATED PROTECTIVE ORDER 1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6.2 Meet and Confer. The Challenging Party will initiate the dispute 6 resolution process under Local Rule 37.1 et seq. 7 6.3 The burden of persuasion in any such challenge proceeding will be on 8 the Designating Party. Frivolous challenges, and those made for an improper 9 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 10 parties) may expose the Challenging Party to sanctions. Unless the Designating 11 Party has waived or withdrawn the confidentiality designation, all parties will 12 continue to afford the material in question the level of protection to which it is 13 entitled under the Producing Party’s designation until the Court rules on the 14 challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1 Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under the 20 conditions described in this Order. When the Action has been terminated, a 21 Receiving Party must comply with the provisions of section 13 below (FINAL 22 DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to the persons 25 authorized under this Order. 26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 27 otherwise ordered by the court or permitted in writing by the Designating Party, a 28 Receiving Party may disclose any information or item designated MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 8 STIPULATED PROTECTIVE ORDER 1 “CONFIDENTIAL” only to: 2 (a) the Receiving Party's Outside Counsel of Record in this Action, as well 3 as employees of said Outside Counsel of Record to whom it is reasonably necessary 4 to disclose the information for this Action; 5 (b) the officers, directors, and employees (including House Counsel) of 6 the Receiving Party to whom disclosure is reasonably necessary for this Action; 7 (c) Experts (as defined in this Order) of the Receiving Party to whom 8 disclosure is reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (d) the Court and its personnel; 11 (e) court reporters and their staff; 12 (f) professional jury or trial consultants, mock jurors, and Professional 13 Vendors to whom disclosure is reasonably necessary for this Action and who have 14 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (g) the author or recipient of a document containing the information or a 16 custodian or other person who otherwise possessed or knew the information; 17 (h) during their depositions, witnesses, and attorneys for witnesses, in the 18 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 19 requests that the witness sign the form attached as Exhibit A hereto; and (2) they 20 will not be permitted to keep any confidential information unless they sign the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 22 agreed by the Designating Party or ordered by the court. Pages of transcribed 23 deposition testimony or exhibits to depositions that reveal Protected Material may 24 be separately bound by the court reporter and may not be disclosed to anyone except 25 as permitted under this Stipulated Protective Order; and 26 (i) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions. 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 9 STIPULATED PROTECTIVE ORDER 1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 (a) promptly notify in writing the Designating Party. Such notification 7 will include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or order 9 to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification will include 11 a copy of this Stipulated Protective Order; and 12 (c) cooperate with respect to all reasonable procedures sought to be 13 pursued by the Designating Party whose Protected Material may be affected. 14 If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order will not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party will bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 23 PRODUCED IN THIS LITIGATION 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 10 STIPULATED PROTECTIVE ORDER 1 (b) In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party will: 5 (1) promptly notify in writing the Requesting Party and the Non- 6 Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this Action, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and 11 (3) make the information requested available for inspection by the 12 Non-Party, if requested. 13 (c) If the Non-Party fails to seek a protective order from this court within 14 14 days of receiving the notice and accompanying information, the Receiving Party 15 may produce the Non-Party’s confidential information responsive to the discovery 16 request. If the Non-Party timely seeks a protective order, the Receiving Party will 17 not produce any information in its possession or control that is subject to the 18 confidentiality agreement with the Non-Party before a determination by the court. 19 Absent a court order to the contrary, the Non-Party will bear the burden and 20 expense of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order, 28 and (d) request such person or persons to execute the “Acknowledgment and MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 11 STIPULATED PROTECTIVE ORDER 1 Agreement to Be Bound” that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, 6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 7 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 8 procedure may be established in an e-discovery order that provides for production 9 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 10 (e), insofar as the parties reach an agreement on the effect of disclosure of a 11 communication or information covered by the attorney-client privilege or work 12 product protection, the parties may incorporate their agreement in the stipulated 13 protective order submitted to the court. 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this 18 Protective Order no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 24 only be filed under seal pursuant to a court order authorizing the sealing of the 25 specific Protected Material at issue. If a Party’s request to file Protected Material 26 under seal is denied by the court, then the Receiving Party may file the information 27 in the public record unless otherwise instructed by the court. 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 12 STIPULATED PROTECTIVE ORDER 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2)affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of attorney work product, consultant and expert work 15 product, even if such materials contain Protected Material. Any such archival 16 copies that contain or constitute Protected Material remain subject to this Protective 17 Order as set forth in Section 4 (DURATION). 18 14. Any willful violation of this Order may be punished by civil or criminal 19 contempt proceedings, financial and/or evidentiary sanctions, reference to 20 disciplinary authorities, or other appropriate action at the discretion of the Court. 21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 22 23 DATED: May 8, 2017 AIDAN W. BUTLER LAW OFFICES 24 By: 25 26 /s/ Aidan W. Butler Aidan W. Butler Attorneys for Plaintiff ANI GHAZARYAN 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 13 STIPULATED PROTECTIVE ORDER 1 DATED: May 8, 2017 MUSICK, PEELER & GARRETT LLP 2 By: 3 4 /s/ Donald E. Bradley Donald E. Bradley Attorneys for Defendant TRANS UNION LLC 5 6 DATED: May 8, 2017 7 BALLARD SPAHR LLP 8 By: 9 10 11 /s/ Alan S. Petlak Alan S. Petlak Taylor Robert Steinbacher Attorneys for Defendant DISCOVER BANK, NATIONAL ASSOCIATION SIGNATURE CERTIFICATION 12 13 Pursuant to L.R. 5-4.3.4 of the United States District Court for the Central 14 District of California, I hereby certify that the content of this document is acceptable 15 to Aidan W. Butler, counsel for Plaintiff Ani Ghazaryan, and Alan S. Petlak, 16 counsel for Defendant Discover Bank, and that I have obtained Mr. Butler’s and Mr. 17 Petlak’s authorizations to affix their electronic signature to this document. 18 19 DATED: May 8, 2017 MUSICK, PEELER & GARRETT LLP 20 21 By: 22 /s/ Donald E. Bradley Donald E. Bradley Attorneys for Defendant TRANS UNION LLC 23 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 24 25 26 Dated: May 9, 2017 Hon. Michael R. Wilner United States Magistrate Judge 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 14 STIPULATED PROTECTIVE ORDER 1 EXHIBIT “A” 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________________________________ [full 4 name] of ___________________________________________________[full 5 address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States 7 District Court for the Central District of California on ____________ in the case of 8 Ani Ghazaryan v. Discover Bank, National Association., et al., pending in the 9 United States District Court for the Central District of California, Western Division 10 – Los Angeles, bearing Case No. 2:16-cv-09052-RGK-MRW. I agree to comply 11 with and to be bound by all the terms of this Stipulated Protective Order and I 12 understand and acknowledge that failure to so comply could expose me to sanctions 13 and punishment in the nature of contempt. I solemnly promise that I will not 14 disclose in any manner any information or item that is subject to this Stipulated 15 Protective Order to any person or entity except in strict compliance with the 16 provisions of this Order. 17 I further agree to submit to the jurisdiction of the United States District Court 18 for the Central District of California for the purpose of enforcing the terms of this 19 Stipulated Protective Order, even if such enforcement proceedings occur after 20 termination of this action. 21 I hereby appoint _____________________________________ [full name] of 22 __________________________________ [full address and telephone number] as 23 my California agent for service of process in connection with this action or any 24 proceedings related to enforcement of this Stipulated Protective Order. 25 Date:___________________________________________________________ 26 City and State where signed:______________________________________ 27 Printed name:____________________________________________________ 28 Signature:_______________________________________________________ MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 15 STIPULATED PROTECTIVE ORDER PROOF OF SERVICE 1 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Orange, State of California. My business 5 address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. 4 6 On May 8, 2017, I served true copies of the following document(s) described 7 as STIPULATED PROTECTIVE ORDER on the interested parties in this action as follows: 8 9 SEE ATTACHED SERVICE LIST 10 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules. 11 12 13 14 I declare under penalty of perjury under the laws of the United States of 15 America that the foregoing is true and correct and that I am employed in the office 16 of a member of the bar of this Court at whose direction the service was made. 17 Executed on May 8, 2017, at Costa Mesa, California. 18 /s/ April M. Yusay April M. Yusay 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 16 STIPULATED PROTECTIVE ORDER SERVICE LIST 1 2 3 4 5 6 Aidan W. Butler 3550 Wilshire Boulevard, Suite 1924 Los Angeles, CA 90010 Phone: (213) 388-5168 Fax: (213) 388-5178 Email: Attorneys for Plaintiff 7 8 Alan S. Petlak BALLARD SPAHR LLP 2029 Century Park East, Suite 800 Los Angeles, CA 90067 Phone: (424) 204-4400 Fax: (424) 204-4350 Email: Attorneys for Defendant Discover Bank, National Association 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1049752.1 17 STIPULATED PROTECTIVE ORDER

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