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)

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Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 1 of 12 Page ID #:96 I 2 3 4 5 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: +1 213 624 2500 racsimile: +l 213 623 4581 R^ ~,,~~y V1r~~~~~~~~ ~: , . T r rv ^." a „~ Attorneys for Defendant Wells Fargo Bank, N.A. 4~" 6 7 8 UNITED STATES DISTRICT'COURT q CENTRAL, DISTRIC"I' OF CALIFORNIA —WESTERN DIVISION 10 0. J ~ . 1 ~i MICHAEL FALK an individual, and MOTION REPOS~ESSORS,INC., Case No. 2:17-ev-03220-AB(AGRx) l2 Plaintiffs, ~2 PROTECTIVE ORDER 13 n t ~n, 'r,~' V. a ~g 14 w~ 15 WELLS FARGO BANK,N.A., and DOES 1-50, inclusive, ' ; _ .,. .: F ~ Defendants. 16 17 18 19 2U 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 21 22 23 24 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 ( 25 6 2 27 28 -(c) below: information or material that meets each of conditions (a) a) ( 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 t (b) a producing party (plaintiff or defendant)reasonably believes it 2 constitutes or contains that party's trade secrets(as defined in California Civrl Code 3 § 3426.1), as well as Confidential Information and/or other pc•opi•icta~y infoi7nation 4 ( e.g., information which has not been made public [i.e., proprietary, personal oi• 5 sitnila►• inPai•mation], the disclosure of which info~•mation may have the effect of 6 causing harm to the competitive position of the person, firm partnership, 7 corporation, or to the organization fi•om which the information was obtained); and, (c) 8 q 10 it has been designated as Confidential Information by the producing party (plaintiff or defendant) in compliance with this Order. 2. Confidential documents shall be so designated by stamping or 1t otherwise inscribing copies of the document produced to a party with the legend 12 "Confidential." Stamping or otherwise inscribing the legend "Confidential" on the m 13 0 ~ ~~ cover of any multiple document shall designate all pages of the document as 14 confidential, unless otherwise indicated by the producing party. J '! ~i U ~~ W ~ r. c 15 3. Material designated as Confidential under this Order, the information 16 contained therein, and any summaries, copies, abstracts, oi• other documents derived 17 in whole or in part from material designated as Confidential shall be held in 18 confidence by each receiving party, will be used by each receiving party for• 19 purposes of this case oi• any related cases between the parties hereto, and not for 20 any business or other purpose unless agreed to in writing by all parties to this action 21 or any related action between the parties hereto or as authorized by further order of 22 the Court, and will not be disclosed to any person who is not a qualif ed person, 23 except as provided in this Order. All Confidential Information will be handled by 24 the receiving panty in accordance with the terms of this Order and maintained by 25 counsel of record oi• other qualified persons under' the control of counsel of record 26 to preclude access by persons who are not qualified persons. 27 ~ ' `~' 28 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 ~~ 2 depositioc e• An~angements shall he made with the cotu~t reporter v taking and transcribing such proceeding to separately bind such portions of the 3 transcript containing information designated as Confidential, and to label such 4 portions appropriately, i 5. 5 Confidential Information produced pursuant to this Oi•der may be 6 ~~ disclosed oi• made available only to the Count, to counsel for a party (including the 7 paralegal, clerical, and secretarial staff employed by such counsel), and to the 8 " qualified persons" designated below: ( a) 9 t0 0. a necessary by counsel to aid in the prosecution, defense, or• settlement of this action; (b) 1t J V i v =~ ~ ~€ o ~~ ~ ~~ 6 a party, or an officer, director, or employee of a party deemed experts provided such expert shall not be an employee or 12 otherwise similarly engaged with a party or a competitor of the producing party or l3 consultants (together• with their clerical staff retained by such counsel to assist in 14 the prosecution, defense, or settlement of this action; w  ~ .. S 15 ( c) court ceporter(s) employed in this action; 16 ( d) a witness at any deposition in this action _I 17 may be shown Confidential Information of the party with whom the witness is 18 affiliated or Confidential Information on which the witness was copied or was l9 otherwise previously aware; or as ( e) any other person as to whom the parties in writing agree. 2l Prior to receiving any Confidential Information, each "qualified person" shall 22 be provided with a copy of this Order and shall execute anon-disclosure agreement 23 in the form of Attachment"A" and a copy of the signed non-disclosure agreement 24 shall be retained in counsels' files. It shall be the responsibility of counsel of record of the non-producing party 25 2 6 27 28 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 ~ Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 4 of 12 Page ID #:99 1 that he or she has r•eaci this protective order, understands it, and agrees to be bound 2 by the terms of this protective orde►•; and, (b) 3 transmit copies of such non-disclosure agreements to opposing 4 counsel within two business days of execution of said agreements by the qualified 5 person. 6 6. Depositions shall be taken only in the presence of qualified persons. 7 7. This Order shall not be const~ved to prevent any person from making 8 use or disclosing information that: (a) 9 was lawfully in that person's possession and not under l0 J J p l U ~^` ~ ~~ I L v O ~ ~` a ~~ W ✓. ~ ~. obligation of secrecy with respect to such information, prior to receipt of such 11 information from a producing party; (b) 12 13 becomes lawfully known to that person in a manner that does not violate the provisions of this Order; or (c) 14 was or is hereaiier lawfully obtained from a source or other 15 sources other than the producing party or any person under an obligation of secrecy 16 a v with respect to the producing party. 17 8. If Confidential lnfonnation, including any pocrtion of a deposition 18 transcript designated as Confidential is included in any papers to be fled Court ~i 19 such papers shall be labeled "Confidential - Subject. o Court Order" an filed nder ~n 20 ~~__' 2t ~ seal until fui~thet~ order of this Court. ~ ~~ G~~~ ~~ r~ 9. ► 1~1~~.t~]TI 1~J~9L.L DYY1 11T~►7. 22 23 24 25 10. In the event materials are produced in this action which, in a party's 2 6 opinion, should have been, but were not, designated as "Confidential", the party 27 producing the materials shall notify counsel for aU par[ies of this designation as 28 soon as practicable. Upon receipt of such notification, all panties shall treat such -4 010-8593-1518/2/AMEflICAS S"1'll'UI..A't'6[7 PROTECTIVE U1tDL-'R ~ Case 2:17-cv-03220-AB-AGR Document 20 Filed 03/09/18 Page 5 of 12 Page ID #:100 t materials as "Confidential" and attempt to recall all materials distributed in any way 2 that would have been inconsistent with the terms of this Order had such documents 3 ~~ earlier been designated "Confidential". 4 1 1. A party objecting to the designation of the Document as 5 Confidential" must so notify opposing counsel in writing, setting forth the reasons " 6 suppoirting such objection. Counsel for the party seeking "Confidential" treatment 7 shall respond in writing within seven (7) days ofreceipt of such notification by 8 either (i) withdrawing such classification with respect to such "Confidential" 9 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 ii) Il v~ ~ ~~ ' U notification of such a refusal, application may be made to the Court for an order 12 removing the classification of the particula~~ "Confidential" document, thing, 13 material, testimony or other information derived therefrom, in question. Until the 14 issue is finally determined by the Court, the Document shall be treated as e ` t r.. ~ ~~ a ~ ~~ ,~5 a a v 15 16 " Confidential" as provided in this Order. 12. IFa document includes Confidential Information in addition to other 17 information, and the Confidential Information is subsequently redacted by any 18 pac~ly, after production of the document by the producing party, the remainder of the 19 document may be treated as if no Confidential Information existed in the document. 20 21 22 ~~ 23 1 3. The parties agree that any inadvertent production of any document protected by any privilege shall not waive that privilege. 14. '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 2~ or information is confidential or whether its use should be restricted or (ii) to 25 present a motio~l to the Court for a separate protective order as to any particular 26 document oi• information, including restrictions differing from those as specified 27 herein. This Order shall not be deemed to prejudice the parties in any way in any 28 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 15. This Order is entered solely for the purpose of facilitating the 2 exchange of documents and information between the parties to this action without 3 involving the Court unnecessarily in the process. Nothing in this Order no►• the 4 production of any information or document under the terms of this Order nor any 5 proceedings pursuant to this Ocder shall be deemed to have the effect of an 6 admission or waiver• by either party or of altering the confidentiality or non- 7 confidentiality of any such document or information or altering any existing 8 obligation of any party or the absence thereof. 9 10 ~. :~ :s_ 16. 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 12 work product, not relevant to the subject matter of the action, or otherwise beyond ~~ 13 the scope of permissible discovery. "I'l~e taking of, or failure to take, any action to ° ~~ Q ~~ 14 enforce the provisions of this Ordee•, or the failure to object to any designation or 15 any such action or omission, will not constitute a waives• of any right to seek and 16 obtain protection or relief, other• than as specified in this Order, of any claim or' 17 defense in this action or any other• action, including but not limited to, any claim or 18 defense that any information; 19 (a) ~ ~~ v "~ w as , .. ~ a is or is not relevant, material, or reasonably calculated to lead to 2 0 the discovery of admissible evidence, or a privileged communication, or work 21 product of counsel, or otherwise discoverable; 22 (b) is or is not confidential or proprietary to any party; and/or 23 (c) embodies or does not embody trade secrets or confidential 24 25 research, development, or commercial information of any party. 17. Nothing in this Order shall be construed as an admission or agreement 2G that any specific information is or is not Confidential, subject to discovery, 27 relevant, or admissible evidence in this litigation. Zs i - 6010.8593-1518/2/AMERICAS 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 3 ~~ become known to the publi i1 "'-- 4 Upon termination 5 G Confidential Information produced in discovery, including but not limited to 7 documents, material, and deposition transcripts designated as Confidential and all 8 copies of same, but shall certify the destruction of all working copies, abstracts, 9 digests, or other analyses derived in whole or in part from the Confidential 10 d . ~ . ~ of this case, counsel for the parties shall assemble and return to each other all Information produced during discovery. 11 1 9. Confidential Information will not be copied or otherwise reproduced H ~:~ U„ V O ~ ~ m k §~ . ~ ;< ~. W ~; ~ :. a ~ : t2 by a receiving party, except foc transmission to qualified persons, without the 13 written permission of the pT•oducing party or by further order of the Court. Nothing 14 in this Order will restrict a qualified person from snaking working copies, abstracts, IS digests, and analyses of Confidential Info~7nation for use in connection with this 16 action. All working copies, abstracts, digests, and analyses will be considered l7 Confidential Information under• the terms of this Order. 18 20. The terms of this Order may be invoked by non-parties that are called 19 upon to provide discovery in this case. The parties to this case may also invoke t}~e 20 terms of this Order on behalf of any non-party called upon to provide discovery in 21 this case. 22 2l. 23 Nothing in this Order will prohibit the transmission or communication of Confidential Infortnatio~z between or among qualified persons: 24 ( a) by hand delivery; 25 ( b) by face-to-face conference; 26 ( c) in sealed envelopes or containers via the mails or an established 27 freight, delivery, or messenger service; or, 28 -7070-8593-1518/2/AMERICAS 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 l (cl) by telephone, telegram, facsimile, electronic mail, or other 2 electronic transmission system if, under the circumstances, there is no reasonable 3 likelihood that the transmission will be intercepted or misused by any person who is 4 not a qualified person. 5 22. Nothing in this Order will bar or• otherwise restrict an attorney from: ( a) rendering advice to his or her client with respect to this action; (b) 6 generally referring to or relying on his or her examination of ~ I S 9 documents that have been produced under this Ordei• and that contain Confidential 10 Information, provided that in rendering such advice or in otherwise communication tl with his or her client, the attorney will not disclose the specific content of any y b ~ 6 q v U F a ~~ document or other material designated "Confidential" produced or the Confidential ~ ~~ l3 Information contained in any material produced,if disclosure would not otherwise 14 be permitted under the terms of this Order. a o ~~ < ~~ °~ ., .~ Wn "r 15 16 ~ ~ 17 18 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 19 -H-mgfrom seeking and obtaining relief from the Court, upon a ~ • showing of'good cause and pursuant to the Federal Rules of Civil Procedure, an 20 additional protective order granting greater protection than that offered by this 21 protective order with respect to any particular document or information. 22 23 24 24. 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 25. 25 ( ~~26 ~ 1 27 28 -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 `~ ~t4 -fT'~`Q u 26. Should this matter proceed to trial, all Confidential Information 2 disclosed io the public unless sufficient cause is shown in advance of trial to 3 ~ ~ ill be maintain the confidentiality of the documents and/or information previously 4 ~' produced. 5 27. The fact t}iat information designated as Confidentia] Information under 6 this Order will not be considered to be determinative of what a trier of fact may 7 determine to be confidential or proprietary. Nothing in this Stipulation and 8 Protective Order shall be used or• characterized by any party as an admission of any 9 fact. Absent a stipulation of all pa►~ties, the fact that information has been ]0 designated as Confidential Information under this Order will not be admissible . ~ 11 during the trial, nor will the jury be advised of this designation. ~ ~~ 12 ~ ~~ 13 b;+`G~ 14 Dated: Fe~~~, 2018 a 0 G a I IS SO STlI'ULATED. T SQUIRE PATTON BOGGS (US) LLP W J. a ., ~ a y 15 16 By: Daniel . Wu Attorneys for Defendant Wells Fargo Bank, N.A. t7 18 19 20 Dated: February Z ~ 2018 21 BERMAN BER.MAN BERMAN SCI-INEIDER & LOWRY LLP 22 23 By: 1-Ioward Smith Attorneys for• Plaintiffs Michael Falk and Motion Repossessors, Inc. 24 25 26 27 28 -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 l i IT IS SO ORDERED. 2 3 Dated: March 13,2018 4 5 By:(~t~.Ge.~i. 6 Hon. " a '~ ~ ~~"~ T-- ~L.I G R ~'. ~OSEN rn~J'~~-Judge of the United States District Court, Central District of California 7 8 9 10 a ~. ~ ~~ _ ~ m ~_ z o s a ~ m ~ C a 11 12 13 14 IS 16 17 18 19 20 21 22 23 4 2 25 2 6 27 28 - 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" 1 2 I, 3 , do confirm or verify that I am fully familiar with the terms ofthe Protective Order entered in Michael Falk et. al., v. 4 Wells Fargo Bank, N.A., Case No.: 2:17-cv-03220-AB (AGRx), United States 5 6 7 8 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. 9 10 11 ~ ~_ ~~ ~ s~ ~ _~ ,~ Z u V Dated: 12 13 ~ s a ~< d ~ .s W ~~ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11010.8593-1518/2/AMERICAS STIPULATED PROTECTIVE ORDER

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