Matthew Roth v. Credit One Financial

Filing 23

STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order 20 . [See Order for details.] (san)

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2:17-cv-03057-SJO-JEM Document 20 Filed 07/11/17 Page 1 of 18 Page ID #:158 1 2 3 4 5 6 7 8 9 YU ~ MOHANDESI LLP B Ben Mohandesi(SBN 214921) . 213.377.5505 ~ bmohandesi yumollp.com Jordan S. Yu(SBN 227341 213.377.5502jyu@ mollp.com Brett B. Goo man(SBN 2b0899) 213.375.3543 ~ bgoodman@yumollp.com 633 West Fifth Street, Suite 2800 Los Angeles, CA 90071 213.377.5501 Facsimile Attorneys for Third Party Convergent Outsourcing,Inc. erroneously named as Convergent Contact Solutions, LLC 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 11 a °° j ~; N . + l~ a te „ > O > 12 13 MATTHEW ROTH, Case No.: 2:17-cv-03057-SJO-JEMx Q w U zy ¢ ~ m 14 ~'" o ~¢ ~ ~ ~~ 15 v" M M 16 17 Plaintiff, v. CREDIT ONE FINANCIAL d/b/a CREDIT ONE BANK, Defendant. ] STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY Honorable John E. McDermott 18 19 2 0 21 22 23 2 4 25 2 6 27 28 -1STIPULATED[PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY 2:17-cv-03057-SJO-.. ~I Document 20 Filed 07/11/17 F ~ 2 of 18 Page ID #:159 Plaintiff Matthew Roth ("Plaintiff'), and third party Convergent Outsourcing, 1 2 Inc. erroneously named as Convergent Contact Solutions, LLC ("Convergent") 3 (collectively the "Parties") by and through their respective counsel of record in this 4 case, hereby submit this stipulated proposed protective order and request entry 5 thereof. 6 I. PURPOSE AND LIMITATIONS PURPOSE ~ A. g Discovery in this action is likely to involve production of confidential, 9 proprietary or private information for which special protection from public disclosure 10 and from use for any purpose other than prosecuting this litigation may be warranted. 11 0 aN v~ 12 ~ ~~ 13 o ~~ Z L ~; o ~ m 14 ~ ~.¢ 15 Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable 16 legal principles. The parties further acknowledge, as set forth in Section 2.K.3, below, 17 that this Stipulated Protective Order does not entitle them to file confidential 18 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 19 followed and the standards that will be applied when a party seeks permission from 20 the court to file material under seal. GOOD CAUSE STATEMENT 21 B. 22 This action is likely to involve the production of confidential business or 23 financial information, including personal financial information regarding an 2 4 individual's financial transactions or financial accounts, and other information which 25 is otherwise not available to the public, for which special protection from public 2 6 disclosure and from use for any purpose other than prosecution of this action is 27 warranted. Such confidential and proprietary materials and information consist of, 28 among other things, confidential business or financial information, information - 2STIPULATED [__PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY Cas 2:17-cv-03057-SJO-~ .JI Document 20 Filed 07/11/17 F ,z 3 of 18 Page ID #:160 1 , regarding confidential business practices, including information implicating the 2 privacy rights of an individual, information otherwise generally unavailable to the 3 public, or which may be privileged or otherwise protected from disclosure under state 4 or federal statutes, court rules, case decisions, or common law. Accordingly, to 5 expedite the flow of information, to facilitate the prompt resolution of disputes over 6 confidentiality of discovery materials, to adequately protect information the parties are 7 entitled to keep confidential, to ensure that the parties are permitted reasonable 8 necessary uses of such material in preparation for and in the conduct of trial, to 9 address their handling at the end of the litigation, and serve the ends ofjustice, a 10 0 a m~ N~~ ~ a~ U i protective order for such information is justified in this matter. It is the intent of the 11 parties that information will not be designated as confidential for tactical reasons and 12 that nothing be so designated without a good faith belief that it has been maintained in 13 a confidential, non-public manner, and there is good cause why it should not be part of o ~ ~ 14 ~ ~.¢ 3 ~ 15 m 16 1'7 18 19 2 0 21 the public record of this case. IL TERMS OF CONFIDENTIALITY A. DEFINITIONS 1. Action: the above-captioned lawsuit entitled Matthew Roth v. Credit One Financial, Case No. 2:17-cv-03057-SJO-JEMx. 2. Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 3. "CONFIDENTIAL"Information or Items: Information 22 (regardless of how it is generated, stored or maintained) or tangible things that qualify 23 for protection under Federal Rule of Civil Procedure 26(c), and as specified above in 24 the Good Cause Statement. 25 4. 2 6 2 '7 28 Counsel: Outside Counsel of Record and House Counsel(as well as their support staff. 5. Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as -3— STIPULATED [_PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY Cas 2:17-cv-03057-SJO-.i"~I Document 20 Filed 07/11/17 P~ _ ~ 4 of 18 Page ID #:161 1 2 "CONFIDENTIAL." 6. Disclosure or Discovery Material: all items or information, 3 regardless of the medium or manner in which it is generated, stored, or maintained 4 (including, among other things, testimony, transcripts, and tangible things), that are 5 produced or generated in disclosures or responses to discovery in this matter. 7 . Expert: a person with specialized knowledge or experience in a 7 matter pertinent to the litigation who has been retained by a Pariy or its counsel to 8 serve as an expert witness or as a consultant in this Action. 9 10 11 0 . ~ 12 0~ 8. House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 9. Non-Party: any natural person, partnership, corporation, J ~-. n ~ ~ O ~, . 13 association or other legal entity not named as a Party to this action. ~ a~ U i Z ,'', v; o ~ ~ 14 ~ ~.a r 3 ~ 15 10. Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and 16 have appeared in this Action on behalf of that party or are affiliated with a law firm 17 that has appeared on behalf of that party, and includes support staff. 1g 11. Party: any party to this Action, including all of its officers, 19 directors, employees, consultants, retained experts, and Outside Counsel of Record 2 0 (and their support staffs). 21 22 23 12. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 13. Professional Vendors: persons or entities that provide litigation 24 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 25 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 6 and their employees and subcontractors. 2 '7 28 14. Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL." —4— STIPULATED[PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY Cas 2:17-cv-03057-SJO-.._,~I Document 20 Filed 07/11/17 F ~,e 5 of 18 Page ID #:162 1 2 15. Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. SCOPE 3 B. 4 The protections conferred by this Stipulation and Order cover not only 5 Protected Material(as defined above), but also (1) any information copied or extracted 6 from Protected Material;(2) all copies, excerpts, summaries, or compilations of 7 Protected Material; and (3)any testimony, conversations, or presentations by Parties 8 or their Counsel that might reveal Protected Material. 9 10 Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. C. DURATION 11 0 a v~ 12 ~ ~~ 13 o va Q ~v o ~ ~ 14 mo w¢ 15 m 16 specific factual findings to proceed otherwise are made to the trial judge in advance of 17 the trial. See Kamakana v. City & Cty. ofHonolulu,447 F.3d 1172, 1180-81 (9th Cir. 18 2006)(distinguishing "good cause" showing for sealing documents produced in 19 discovery from "compelling reasons" standard when merits-related documents are part 2 0 of court record). Accordingly, the terms of this protective order do not extend beyond 21 the commencement of the trial, with two exceptions: Once a case proceeds to trial, information that was designated as CONFIDENTIAL or maintained pursuant to this protective order used or introduced as an exhibit at trial becomes public and will be presumptively available to all members ofthe public, including the press; unless compelling reasons supported by 1. 22 Any information designated as CONFIDENTIAL that is not used 23 or introduced as an exhibit at trial shall remain protected under this Order and be 4 2 subject to final disposition as set forth under Section II.L. 2. 25 2 6 27 28 Should resolution be reached prior to a trial, the terms of the protective order extend up to final disposition of the Action. D. DESIGNATING PROTECTED MATERIAL 1. Exercise of Restraint and Care in Designating Material for -5— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY Cas 2:17-cv-03057-SJO-J~~JI Document 20 Filed 07/11/17 P~_~,~ 6 of 18 Page ID #:163 1 Protection. Each Pariy or Non-Party that designates information or items for 2 protection under this Order must take care to limit any such designation to specific 3 material that qualifies under the appropriate standards. The Designating Pariy must 4 designate for protection only those parts of material, documents, items or oral or 5 written communications that qualify so that other portions of the material, documents, 6 items or communications for which protection is not warranted are not swept 7 unjustifiably within the ambit of this Order. 8 9 10 11 0 0 12 a m ,~ m~ '~ o ~ `a~i °' 13 ~ `~ U 0 o ~ m 14 ~ ~.¢ 15 m 16 Mass, indiscriminate or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. If it comes to a Designating Party's attention that information or items that it designated for protection do not qualify for protection, and the Designating Party -wise, that Designating Party must promptly notify all agrees or the Court orders other other Parties that it is withdrawing the inapplicable designation. 17 18 19 2 0 21 22 23 24 25 2 6 27 28 —6— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY 2:17-cv-03057-SJO-:. 1 2. I Document 20 Filed 07/11/17 P :7 of 18 Page ID #:164 Manner and Timing of Designations. Except as otherwise 2 provided in this Order (see, e.g., Section II.D.2(a)(1), below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. Designation in conformity with this Order requires: 6 a. for information in documentary form (e.g., paper or 7 electronic documents, but excluding transcripts of depositions or other pretrial or trial 8 proceedings), that the Producing Party affix at a minimum,the legend 9 "CONFIDENTIAL"(hereinafter "CONFIDENTIAL legend"), to each page that 10 11 0 N 12 a v ~ contains protected material. If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portions) (e.g., by making appropriate markings in the margins) to the extent possible. o ~ U 13 1) ~ N rn A Party or Non-Party that makes original documents Z ,~, y available for inspection need not designate them for protection until after the o ~ m 14 ~ ~.¢ 15 M 16 inspecting Party has indicated which documents it would like copied and produced. 17 for inspection shall be deemed "CONFIDENTIAL." After the inspecting Party has 18 identified the documents it wants copied and produced, the Producing Pariy must 19 determine which documents, or portions thereof, qualify for protection under this 2 0 Order. Then, before producing the specified documents, the Producing Party must 21 affix the "CONFIDENTIAL legend" to each page that contains Protected Material. If 22 only a portion of the material on a page qualifies for protection, the Producing Party 23 also must clearly identify the protected portions)(e.g., by making appropriate 2 4 markings in the margins). 25 During the inspection and before the designation, all of the material made available b. for testimony given in depositions that the Designating Party 2 6 identifies the Disclosure or Discovery Material on the record, before the close of the 27 deposition all protected testimony. In the alternative, the Designating Party may 2 8 designate the entirety of the testimony given at the deposition, as well as exhibits, as -7- STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY Cas 2:17-cv-03057-SJO-J~~~I Document 20 Filed 07/11/17 P~_~~ 8 of 18 Page ID #:165 1 "CONFIDENTIAL" prior to conclusion of the deposition with the right to identify 2 more specific portions of the testimony as to which protection is sought within 30 3 days following receipt of the deposition transcript. Where portions of the testimony 4 are designated for protection, the transcript pages containing Disclosure or Discovery 5 Material may be separately bound by the court reporter with the legend 6 "CONFIDENTIAL" at the top of each such page. ' 7 c. for information produced in some form other than 8 documentary and for any other tangible items, that the Producing Party affix in a 9 prominent place on the exterior of the container or containers in which the information 10 0 0 0. a~ '~ ~ y n is stored the legend "CONFIDENTIAL." If only a portion or portions of the 11 information warrants protection, the Producing Party, to the extent practicable, shall 12 identify the protected portion(s). o ~ ~ 13 ¢~v o ~ 14 ~ ~.a ~ 15 3. ~~~ 3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party's right to secure protection under this Order for M 16 such material. Upon timely correction of a designation, the Receiving Party must 1'7 make reasonable efforts to assure that the material is treated in accordance with the 18 provisions of this Order. 19 2 0 E. CHALLENGING CONFIDENTIALITY DESIGNATIONS 1. Timing of Challenges. Any Party or Non-Party may challenge a 21 designation of confidentiality at any time that is consistent with the Court's 22 Scheduling Order. 23 24 25 2 6 2 '7 28 2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1 et seq. 3. Joint Stipulation. Any challenge submitted to the Court shall be via a joint stipulation pursuant to Local Rule 37.2. 4. The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper -8— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY /17 P Cas 2:17-cv-03057-SJO-,; . I Document 20 Filed 07/11 : 9 of 18 Page ID #:166 1 purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) 2 may expose the Challenging Party to sanctions. Unless the Designating Party has 3 waived or withdrawn the confidentiality designation, all parties shall continue to 4 afford the material in question the level of protection to which it is entitled under the 5 Producing Party's designation until the Court rules on the challenge. 6 F. ACCESS TO AND USE OF PROTECTED MATERIAL 1. 7 Basic Principles. A Receiving Party may use Protected Material 8 that is disclosed or produced by another Party or by a Non-Party in connection with 9 this Action only for prosecuting, defending or attempting to settle this Action. a. 10 11 0 0 a m ., 12 ~,~~ ~ ~~a ' ~ `~ ° 13 ~ v U Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. b. When the Action has been terminated, a Receiving Party must comply with the provisions of Section II.L below (FINAL DISPOSITION). zi N c. o ~ ~ 14 Protected Material must be stored and maintained by a E wa 3 ~ 15 m 16 Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 2. 17 Disclosure of"CONFIDENTIAL" Information or Items. 18 Unless otherwise ordered by the court or permitted in writing by the Designating 19 Party, a Receiving Party may disclose any information or item designated 2 0 "CONFIDENTIAL" only to: a. 21 the Receiving Party's Outside Counsel of Record in this 22 Action, as well as employees of said Outside Counsel of Record to whom it is 23 reasonably necessary to disclose the information for this Action; b. 4 2 the officers, directors, and employees (including House 25 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 2 6 Action; 27 28 c. Experts (as defined in this Order) of any Party to whom disclosure is reasonably necessary for this Action and who have signed the — 9— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY ~ Cas 2:17-cv-03057-SJO-J~ _, Document 20 Filed 07/11/17 Pa_ 1 10 of 18 Page ID #:167 "Acknowledgment and Agreement to Be Bound"(Exhibit A); 2 d. the court and its personnel; 3 e. court reporters and its personnel; 4 f. professional jury or trial consultants, mock jurors, and 5 Professional Vendors to whom disclosure is reasonably necessary for this Action and 6 who have signed the "Acknowledgment and Agreement to Be Bound"(Exhibit A); g. 7 the author or recipient of a document containing the 8 information or a custodian or other person who otherwise possessed or knew the 9 information; h. 10 11 0 0 m ~ 12 ~ N~ 13 W o ~~ zy o ~ ~ 14 during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided:(1) the deposing party requests that the witness sign the form attached as Exhibit A hereto; and (2)they will not be permitted to keep any confidential information unless they sign the "Acknowledgment and Agreement to Be Bound"(Exhibit A), unless ~ w 3 ~ 15 otherwise agreed by the Designating Party or ordered by the court. Pages of M 16 transcribed deposition testimony or exhibits to depositions that reveal Protected 17 Material may be separately bound by the court reporter and may not be disclosed to 18 anyone except as permitted under this Stipulated Protective Order; and i. 19 any mediator or settlement officer, and their supporting 2 0 personnel, mutually agreed upon by any of the parties engaged in settlement 21 discussions. 2 2 G. PROTECTED MATERIAL SUBPOENAED OR ORDERED 23 PRODUCED IN OTHER LITIGATION 4 2 1. If a Party is served with a subpoena or a court order issued in other 25 litigation that compels disclosure of any information or items designated in this 6 2 Action as "CONFIDENTIAL," that Party must: 27 28 a. promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; — 10— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY 2:17-cv-03057-SJO-JE~vi Document 20 Filed 07/11/17 Pa~~ 11 of 18 Page ID #:168 1 b. promptly notify in writing the party who caused the 2 subpoena or order to issue in the other litigation that some or all of the material 3 covered by the subpoena or order is subject to this Protective Order. Such notification 4 shall include a copy of this Stipulated Protective Order; and 5 6 c. cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. ' 7 2. If the Designating Party timely seeks a protective order, the Party 8 served with the subpoena or court order shall not produce any information designated 9 in this action as "CONFIDENTIAL" before a determination by the court from which 10 11 0 ~m y~ 12 jNo o ~ ~ 13 the subpoena or order issued, unless the Party has obtained the Designating Party's permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to z y~ ; o Y ~ 14 ~y¢ }3 ~ 15 - disobey a lawful directive from another court. H. ANON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE M 16 PRODUCED IN THIS LITIGATION 1'7 1. The terms of this Order are applicable to information produced by 1g a Non-Party in this Action and designated as "CONFIDENTIAL." Such information 19 produced by Non-Parties in connection with this litigation is protected by the 2 0 remedies and relief provided by this Order. Nothing in these provisions should be 21 construed as prohibiting allon-Party from seeking additional protections. 22 2. In the event that a Party is required, by a valid discovery request, 23 to produce allon-Party's confidential information in its possession, and the Party is 4 2 subject to an agreement with the Non-Party not to produce the Non-Party's 25 confidential information, then the Party shall: ( 2 a. promptly notify in writing the Requesting Party and the 27 Non-Party that some or all of the information requested is subject to a confidentiality 28 agreement with allon-Party; —11— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY : Cas 2:17-cv-03057-SJO-J~.~~ Document 20 Filed 07/11/17 PGA 12 of 18 Page ID #:169 1 b. promptly provide the Non-Party with a copy of the 2 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 3 reasonably specific description of the information requested; and 4 5 c. make the information requested available for inspection by the Non-Party, if requested. 3 . If the Non-Party fails to seek a protective order from this court 7 within 14 days of receiving the notice and accompanying information, the Receiving 8 Party may produce the Non-Party's confidential information responsive to the 9 discovery request. If the Non-Party timely seeks a protective order, the Receiving 10 j 11 the confidentiality agreement with the Non-Party before a determination by the court. 12 0 Party shall not produce any information in its possession or control that is subject to Absent a court order to the contrary, the Non-Party shall bear the burden and expense 13 of seeking protection in this court of its Protected Material. a+ 1~ te ~~T ri ~ v U Z y y 14 oy mo w¢ 15 L UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns -that, by inadvertence or otherwise, it has disclosed M 16 Protected Material to any person or in any circumstance not authorized under this 17 Stipulated Protective Order, the Receiving Party must immediately(a) notify in 1g writing the Designating Party of the unauthorized disclosures,(b) use its best efforts 19 to retrieve all unauthorized copies of the Protected Material,(c)inform the person or 2 0 persons to whom unauthorized disclosures were made of all the terms of this Order, 21 and(d)request such person or persons to execute the "Acknowledgment and 22 Agreement to Be Bound" that is attached hereto as Exhibit A. 23 2 4 25 J. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain 2 6 inadvertently produced material is subject to a claim of privilege or other protection, 27 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 28 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure — 12— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY . Cas 2:17-cv-03057-SJO-J. .~ Document 20 Filed 07/11/17 P~ _ 13 of 18 Page ID #:170 1 may be established in an e-discovery order that provides for production without prior 2 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 3 parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the stipulated protective order submitted to 6 the court. 7 K. g 9 1. Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 2. 10 11 0 a ~~ 12 N ~~ Q NE 13 MISCELLANEOUS Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material z y ~; o ~ m 14 covered by this Protective Order. ~ w¢ 3 ~ 15 3. - Filing Protected Material. A Party that seeks to file under seal m 16 any Protected Material must comply with Local Civil Rule 79-5. Protected Material 1'7 may only be filed under seal pursuant to a court order authorizing the sealing of the 18 specific Protected Material at issue. If a Party's request to file Protected Material 19 under seal is denied by the court, then the Receiving Party may file the information in 2 0 the public record unless otherwise instructed by the court. FINAL DISPOSITION 21 L. 22 After the final disposition of this Action, as defined in Section II.C, within 60 23 days of a written request by the Designating Party, each Receiving Party must return 2 4 all Protected Material to the Producing Party or destroy such material. As used in this 25 subdivision,"all Protected Material" includes all copies, abstracts, compilations, 2 6 summaries, and any other format reproducing or capturing any of the Protected 27 Material. Whether the Protected Material is returned or destroyed, the Receiving 28 Party must submit a written certification to the Producing Party (and, if not the same - 13— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY 2:17-cv-03057-SJO-JE~v~ Document 20 Filed 07/11/17 Pay 14 of 18 Page ID #:171 1 person or entity, to the Designating Party) by the 60 day deadline that(1)identifies 2 (by category, where appropriate) all the Protected Material that was returned or 3 destroyed and (2) affirms that the Receiving Party has not retained any copies, 4 abstracts, compilations, summaries or any other format reproducing or capturing any 5 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 6 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 7 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 8 reports, attorney work product, and consultant and expert work product, even if such 9 materials contain Protected Material. Any such archival copies that contain or 10 11 0 0 12 . y 4 W ~ ~ '~ o .~, 13 constitute Protected Material remain subject to this Protective Order as set forth in .0 Section II (DURATION). N IT IS SO STIPULATED,THROUGH COUNSEL OF RECORD i Q a~ U Z ~- =L~ ¢`~" 14 : o w¢ mo m r 3 ~ 15 m m 16 ° ` Dated: July 11, 2017 YU ~ MOHANDESI LLP 17 By 18 19 0 2 21 /s/Brett B. Goodman Brett B. Goodman Attorneys for Third Party Convergent Outsourcing, Inc. erroneously named as Convergent Contact Solutions, LLC 22 23 24 Dated: July 11, 2017 KROHN &MOSS,LTD. 25 2 6 27 By /s/ Ta for Tiernan ay or ieman Attorneys for Plaintiff Matthew Roth 28 -14— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY •Cas 2:17-cv-03057-SJO-J~.., Document 20 Filed 07/11/17 Pam 15 of 18 Page ID #:172 1 SIGNATURE CERTIFICATION PURSUANT TO L.R. 5-4.3.4(2)(1) 2 I have obtained authorization from the above signatories to file the above 3 referenced document, and the above signatories concur in the filing's content. 4 5 6 7 Dated: July 11, 2017 YU ~ MOHANDESI LLP By g 9 10 /s/Brett B. Goodman Brett B. Goodman Attorneys for Third Party Convergent Outsourcing, Inc. erroneously named as Convergent Contact Solutions, LLC 11 0 0 12 N j te ,~ a+ [~ ~ ~ O w '"°' 13 ~ ~ N U z~ Q N y o ~ ;~ 14 E wa ~ ~~ 15 _ M M ° ' 16 17 18 19 2 0 21 22 23 4 2 25 26 27 28 —15— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY 2:17-cv-03057-SJO-JL ., Document 20 Filed 07/11/17 PG` 16 of 18 Page ID #:173 C PROPOSED] ORDER [ 1 2 3 FOR GOOD CAUSE SHOWN,IT IS SO ORDERED. DATED: 3 , 2017 4 5 6 7 8 9 10 11 0 0 m 12 "o • ' ' N 0. d ~ , o ' ~ `~'°' 13 ~ ~ v U z ; ="°' 14 o ~v Wm ~ ~.¢ }~~ 15 ~"-~ ~ ' 16 ° M 17 18 19 2 0 21 22 23 24 25 2 6 27 28 -16— STIPULATED [PROPOSED]PROTECTIVE ORDER GOVERNING CONFIDENTIAL TREATMENT OF CERTAIN DISCOVERY ~Cas 2:17-cv-03057-SJO-JE,~~ Document 20 Filed 07/11/17 Pay_ 17 of 18 Page ID #:174 CERTIFICATE OF SERVICE 1 2 I certify that on July 11, 2017, a copy of the foregoing was filed and served 3 electronically in the ECF system. Notice of this filing will be sent to the parties of 4 record by operation of the Court's electronic filing system as described below. Parties 5 may access this filing through the Court's system. 6 ~ DATED: July 11, 2017 8 9 By /s/Brett B. Goodman Brett B. Goodman 10 0 0 N 0. d ~ 11 12 " •'~ o ~ ` ~ O ~ ~ ~'°' 13 ' ~ a~ U i z; z `~ ;, L °' o ~.., o0 14 ~ ii¢ ~~~ 15 ~- 3~ M ~° 16 17 18 19 2 0 21 22 23 24 25 2 6 27 28 —17— CERTIFICATE OF SERVICE 2:17-cv-03057-SJO-JL Document 20 Filed 07/11/17 PG_ 18 of 18 Page ID #:175 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 [print or type full name], of I, 4 [ print or type full address], declare under penalty of perjury 5 under the laws of the United States that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for the 7 Central District of California on [date] in the case of Matthew Roth v. Credit One 8 Financial, Case No. 2:17-cv-03057-SJO-JEMx. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 0 N a y^ ` ~ O ~ ~ O ~ ~'°' 13 ' ~ L U Z o `~ °' 14 ~~ m ~.Q ~"" 15 r °1 ~ m 1 person or entity except in strict compliance with the provisions of this Order. S sy I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this M ~ 1 17 18 Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [print or [print or type full type full name] of 19 address and telephone number] as my California agent for service of process in 20 connection with this action or any proceedings related to enforcement of this 21 Stipulated Protective Order. 22 23 4 2 25 2 6 Date: City and State where sworn and signed: Printed name: Signature: 27 28 CERTIFICATE OF SERVICE

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