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)

1

MUSICK, PEELER & GARRETT LLP
ATTORNEYS AT LAW
650 TOWN CENTER DRIVE, SUITE 1200
COSTA MESA, CALIFORNIA 92626-1925
TELEPHONE [phone]
FACSIMILE [phone]

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3
4
5
6

Donald E. Bradley (State Bar No. 145037)
[e-mail]
Attorneys for Defendant TRANS UNION LLC

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8

UNITED STATES DISTRICT COURT

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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,
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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
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ATTORNEYS AT LAW

1049752.1

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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
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ATTORNEYS AT LAW

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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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

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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

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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:_______________________________________________________
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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

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MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1049752.1

16
STIPULATED PROTECTIVE ORDER

SERVICE LIST

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Aidan W. Butler
3550 Wilshire Boulevard, Suite 1924
Los Angeles, CA 90010
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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Alan S. Petlak
BALLARD SPAHR LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Discover Bank,
National Association

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MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1049752.1

17
STIPULATED PROTECTIVE ORDER