Michael Falk v. Wells Fargo Bank, N.A. et al

Filing 23

PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg. re Stipulation for Protective Order 20 . NOTE CHANGES MADE BY THE COURT. (See Order for Further Details) (kl)

Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 1 of 12 Page ID #:96

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Squire Patton Boggs(US) LLY
Daniel I-1. Wu(SBN 198925}
daniel.wu c~syuirepb.com
555 South 1~lower Street, 31st door
Los Angeles, California 90071
Telephone: [phone]
racsimile: +l 213 623 4581

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Attorneys for Defendant
Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT'COURT

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CENTRAL, DISTRIC"I' OF CALIFORNIA —WESTERN DIVISION

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MICHAEL FALK an individual, and
MOTION REPOS~ESSORS,INC.,

Case No. 2:17-ev-03220-AB(AGRx)

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Plaintiffs,

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PROTECTIVE ORDER

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WELLS FARGO BANK,N.A., and
DOES 1-50, inclusive,

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Defendants.

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Subject to the approval of this Court, the parties hereby stipulate to the
f
ollowing protective order:
1.

In connection with discovery proceedings in this action, the parties

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may designate any document, thing, material, testimony or other information
derived therefrom, as "Confidential" under the terms of this Protective Order
"Order"). }~or purposes of this Order,"Confidential Information" will mean all
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-(c) below:
information or material that meets each of conditions (a)
a)
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it is produced or disclosed by a }~roducin~ party to a receiving

party (plaintiff or defendant);

010.8593-1518/2/AMERICAS

S'I'IPULATEU PROTCCTIVE ORDCR

Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 2 of 12 Page ID #:97

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(b)

a producing party (plaintiff or defendant)reasonably believes it

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constitutes or contains that party's trade secrets(as defined in California Civrl Code

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§ 3426.1), as well as Confidential Information and/or other pc•opi•icta~y infoi7nation

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e.g., information which has not been made public [i.e., proprietary, personal oi•
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sitnila►• inPai•mation], the disclosure of which info~•mation may have the effect of

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causing harm to the competitive position of the person, firm partnership,

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corporation, or to the organization fi•om which the information was obtained); and,
(c)

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it has been designated as Confidential Information by the

producing party (plaintiff or defendant) in compliance with this Order.
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Confidential documents shall be so designated by stamping or

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otherwise inscribing copies of the document produced to a party with the legend

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"Confidential." Stamping or otherwise inscribing the legend "Confidential" on the

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cover of any multiple document shall designate all pages of the document as

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confidential, unless otherwise indicated by the producing party.

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3.

Material designated as Confidential under this Order, the information

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contained therein, and any summaries, copies, abstracts, oi• other documents derived

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in whole or in part from material designated as Confidential shall be held in

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confidence by each receiving party, will be used by each receiving party for•

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purposes of this case oi• any related cases between the parties hereto, and not for

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any business or other purpose unless agreed to in writing by all parties to this action

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or any related action between the parties hereto or as authorized by further order of

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the Court, and will not be disclosed to any person who is not a qualif ed person,

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except as provided in this Order. All Confidential Information will be handled by

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the receiving panty in accordance with the terms of this Order and maintained by

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counsel of record oi• other qualified persons under' the control of counsel of record

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to preclude access by persons who are not qualified persons.

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4.

Testimony taken at a deposition,~.~«~~~^~, ~'~"~~~ n~ ^•• *~~~~,tnay be

designated as Confidential by making a statement to that effect on the record at the
- 2010-8593~1518/2/AMERIU5

STIPUI.,A'I'I?I) f'ROTECTIVCORDI;R

Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 3 of 12 Page ID #:98

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depositioc
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An~angements shall he made with the cotu~t reporter
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taking and transcribing such proceeding to separately bind such portions of the

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transcript containing information designated as Confidential, and to label such

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portions appropriately,

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5.

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Confidential Information produced pursuant to this Oi•der may be

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paralegal, clerical, and secretarial staff employed by such counsel), and to the

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qualified persons" designated below:
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a)

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necessary by counsel to aid in the prosecution, defense, or• settlement of this action;
(b)

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a party, or an officer, director, or employee of a party deemed

experts provided such expert shall not be an employee or

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otherwise similarly engaged with a party or a competitor of the producing party or

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consultants (together• with their clerical staff retained by such counsel to assist in

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the prosecution, defense, or settlement of this action;

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(
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court ceporter(s) employed in this action;

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(
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a witness at any deposition

in this action

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may be shown Confidential Information of the party with whom the witness is

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affiliated or Confidential Information on which the witness was copied or was

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otherwise previously aware; or

as

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any other person as to whom the parties in writing agree.

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Prior to receiving any Confidential Information, each "qualified person" shall

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be provided with a copy of this Order and shall execute anon-disclosure agreement

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in the form of Attachment"A" and a copy of the signed non-disclosure agreement

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shall be retained in counsels' files.
It shall be the responsibility of counsel of record of the non-producing party

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to:
(a)

ensure that each qualified recipient executes anon-disclosure

agreement in the form of Attachment"A" whereby such qualified person agrees
- 3010-8593.1518/2/AMERICAS

STIPUI..A"I~ED PROTECT~~V~. U~ZUL~Z

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Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 4 of 12 Page ID #:99

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that he or she has r•eaci this protective order, understands it, and agrees to be bound

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by the terms of this protective orde►•; and,
(b)

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transmit copies of such non-disclosure agreements to opposing

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counsel within two business days of execution of said agreements by the qualified

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person.

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6.

Depositions shall be taken only in the presence of qualified persons.

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7.

This Order shall not be const~ved to prevent any person from making

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use or disclosing information that:
(a)

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was lawfully in that person's possession and not under

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obligation of secrecy with respect to such information, prior to receipt of such

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information from a producing party;
(b)

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becomes lawfully known to that person in a manner that does

not violate the provisions of this Order; or
(c)

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was or is hereaiier lawfully obtained from a source or other

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sources other than the producing party or any person under an obligation of secrecy

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with respect to the producing party.

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8.

If Confidential lnfonnation, including any pocrtion of a deposition

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transcript designated as Confidential is included in any papers to be fled Court
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such papers shall be labeled "Confidential - Subject. o Court Order" an filed nder

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seal until fui~thet~ order of this Court. ~ ~~ G~~~ ~~ r~
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DYY1 11T~►7.

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10.

In the event materials are produced in this action which, in a party's

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opinion, should have been, but were not, designated as "Confidential", the party

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producing the materials shall notify counsel for aU par[ies of this designation as

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soon as practicable. Upon receipt of such notification, all panties shall treat such
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010-8593-1518/2/AMEflICAS

S"1'll'UI..A't'6[7 PROTECTIVE U1tDL-'R

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Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 5 of 12 Page ID #:100

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materials as "Confidential" and attempt to recall all materials distributed in any way

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that would have been inconsistent with the terms of this Order had such documents

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A party objecting to the designation of the Document as

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Confidential" must so notify opposing counsel in writing, setting forth the reasons
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suppoirting such objection. Counsel for the party seeking "Confidential" treatment

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shall respond in writing within seven (7) days ofreceipt of such notification by

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either (i) withdrawing such classification with respect to such "Confidential"

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document, thing, material, testimony or other information derived therefrom, or

l0 ( stating that it refuses to do so and the c•easons foi• its refusal. Upon receipt of a
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notification of such a refusal, application may be made to the Court for an order

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removing the classification of the particula~~ "Confidential" document, thing,

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material, testimony or other information derived therefrom, in question. Until the

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issue is finally determined by the Court, the Document shall be treated as

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"
Confidential" as provided in this Order.
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IFa document includes Confidential Information in addition to other

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information, and the Confidential Information is subsequently redacted by any

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pac~ly, after production of the document by the producing party, the remainder of the

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document may be treated as if no Confidential Information existed in the document.

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1 3.

The parties agree that any inadvertent production of any document

protected by any privilege shall not waive that privilege.
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'Phis Oi•der shall be without prejudice to the right of the parties (i} to

bring before the Court a~-atty~i~~the question off' whether any particular• document

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or information is confidential or whether its use should be restricted or (ii) to

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present a motio~l to the Court for a separate protective order as to any particular

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document oi• information, including restrictions differing from those as specified

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

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future application for modification of this Order.
-5D10-8543-1518/2/AMERICAS

STIPULATED PROTECTIVE OIZDGR

Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 6 of 12 Page ID #:101

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This Order is entered solely for the purpose of facilitating the

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exchange of documents and information between the parties to this action without

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involving the Court unnecessarily in the process. Nothing in this Order no►• the

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production of any information or document under the terms of this Order nor any

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proceedings pursuant to this Ocder shall be deemed to have the effect of an

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admission or waiver• by either party or of altering the confidentiality or non-

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confidentiality of any such document or information or altering any existing

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obligation of any party or the absence thereof.

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This Order shall not be construed as a waiver of any party's right to

object to the disclosure of docume~lts or information, whether during discovery oi•
at trial, on the grounds that such documents or information ai•e privileged, attorney

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work product, not relevant to the subject matter of the action, or otherwise beyond

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the scope of permissible discovery. "I'l~e taking of, or failure to take, any action to

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enforce the provisions of this Ordee•, or the failure to object to any designation or

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any such action or omission, will not constitute a waives• of any right to seek and

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obtain protection or relief, other• than as specified in this Order, of any claim or'

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defense in this action or any other• action, including but not limited to, any claim or

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defense that any information;

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(a)

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is or is not relevant, material, or reasonably calculated to lead to

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the discovery of admissible evidence, or a privileged communication, or work

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product of counsel, or otherwise discoverable;

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(b)

is or is not confidential or proprietary to any party; and/or

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(c)

embodies or does not embody trade secrets or confidential

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research, development, or commercial information of any party.
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Nothing in this Order shall be construed as an admission or agreement

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that any specific information is or is not Confidential, subject to discovery,

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relevant, or admissible evidence in this litigation.

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S'1'fI'ULATED PROTCCTIVL" ORpCR

Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 7 of 12 Page ID #:102

1 8.

This Order shall survive the final termination of this action, to the

~~ extent that the infoc•mation contained in Confidential Information is not or does not
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Upon termination

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Confidential Information produced in discovery, including but not limited to

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documents, material, and deposition transcripts designated as Confidential and all

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copies of same, but shall certify the destruction of all working copies, abstracts,

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digests, or other analyses derived in whole or in part from the Confidential

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of this case, counsel for the parties shall assemble and return to each other all

Information produced during discovery.

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1 9.

Confidential Information will not be copied or otherwise reproduced

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by a receiving party, except foc transmission to qualified persons, without the

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written permission of the pT•oducing party or by further order of the Court. Nothing

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in this Order will restrict a qualified person from snaking working copies, abstracts,

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digests, and analyses of Confidential Info~7nation for use in connection with this

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action. All working copies, abstracts, digests, and analyses will be considered

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Confidential Information under• the terms of this Order.

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20.

The terms of this Order may be invoked by non-parties that are called

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upon to provide discovery in this case. The parties to this case may also invoke t}~e

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terms of this Order on behalf of any non-party called upon to provide discovery in

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this case.

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2l.

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Nothing in this Order will prohibit the transmission or communication

of Confidential Infortnatio~z between or among qualified persons:

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(
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by hand delivery;

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(
b)

by face-to-face conference;

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(
c)

in sealed envelopes or containers via the mails or an established

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freight, delivery, or messenger service; or,

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S'I'iPUI.A"QED PROTCCTIVF, ORUEK

Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 8 of 12 Page ID #:103

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(cl)

by telephone, telegram, facsimile, electronic mail, or other

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electronic transmission system if, under the circumstances, there is no reasonable

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likelihood that the transmission will be intercepted or misused by any person who is

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not a qualified person.

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Nothing in this Order will bar or• otherwise restrict an attorney from:
(
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rendering advice to his or her client with respect to this action;

(b)

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generally referring to or relying on his or her examination of

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documents that have been produced under this Ordei• and that contain Confidential

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Information, provided that in rendering such advice or in otherwise communication

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with his or her client, the attorney will not disclose the specific content of any

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document or other material designated "Confidential" produced or the Confidential

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Information contained in any material produced,if disclosure would not otherwise

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be permitted under the terms of this Order.

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23.

This Order is entered without prejudice to the right of any patty to

apply to the Court ~a~-a~-~-i~e,to relax oi~ rescind the restrictions of this Order, when
~-convenience or necessity requires. Nothing contained in the Order shall preclude
any party

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-H-mgfrom seeking and obtaining relief from the Court, upon a
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showing of'good cause and pursuant to the Federal Rules of Civil Procedure, an

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additional protective order granting greater protection than that offered by this

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protective order with respect to any particular document or information.

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The party designating material as "Confidential" pursuant to this Order

bears the burden of establishing confidentia~l_ity~
IN-t~EN`r't N14LLy O~rn ~►~D
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-8010-8593.1518)2/AMERICAS

STIPUI.A"I'Iil:) PROTEC"I'IVL ORDIiR

Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 9 of 12 Page ID #:104

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Should this matter proceed to trial, all Confidential Information

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disclosed io the public unless sufficient cause is shown in advance of trial to

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ill be

maintain the confidentiality of the documents and/or information previously

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27.

The fact t}iat information designated as Confidentia] Information under

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this Order will not be considered to be determinative of what a trier of fact may

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determine to be confidential or proprietary. Nothing in this Stipulation and

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Protective Order shall be used or• characterized by any party as an admission of any

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fact. Absent a stipulation of all pa►~ties, the fact that information has been

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designated as Confidential Information under this Order will not be admissible

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during the trial, nor will the jury be advised of this designation.

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Dated: Fe~~~, 2018

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I IS SO STlI'ULATED.
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SQUIRE PATTON BOGGS (US) LLP

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By:
Daniel . Wu
Attorneys for Defendant
Wells Fargo Bank, N.A.

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Dated: February Z ~ 2018

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BERMAN BER.MAN BERMAN
SCI-INEIDER & LOWRY LLP

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By:
1-Ioward Smith
Attorneys for• Plaintiffs
Michael Falk and Motion Repossessors, Inc.

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-90108593.1516/2JAMERICAS

STIPULATED PRUT6CTIVE URDF.IZ

Case ~ x:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 10 of 12 Page ID #:105

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IT IS SO ORDERED.

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Dated: March 13,2018

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By:(~t~.Ge.~i.

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Hon. " a '~ ~ ~~"~ T-- ~L.I G R ~'. ~OSEN
rn~J'~~-Judge of the United States District Court,
Central District of California

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- 100]0-8593-1518/2/AMERICAS

STIPULATED PROTECTIVE ORDER

Case aG17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 11 of 12 Page ID #:106

ATTACHMENT ~~A"

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I,
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, do confirm or verify that I am fully

familiar with the terms ofthe Protective Order entered in Michael Falk et. al., v.

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Wells Fargo Bank, N.A., Case No.: 2:17-cv-03220-AB (AGRx), United States
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District Court, Central District of California, and hereby agree to comply with and
be bound by the terms and conditions of said Order unless and until modified by
further Order of this Court. I hereby consent to the jurisdiction of said Court for
purposes of enforcing this Order.

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Dated:

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-11010.8593-1518/2/AMERICAS

STIPULATED PROTECTIVE ORDER