Paul Garcia v. Ocwen Mortgage Servicing, Inc. et al

Filing 41

STIPULATION AND PROTECTIVE ORDER by Judge Manuel L. Real, re Stipulation 39 . See document for details. (gk)

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TROUTMAN SANDERS LLP
Chad Fuller, Bar No. 190830
[e-mail]
Virginia Bell Flynn, Bar (pro hac vice)
[e-mail]
11682 El Camino Real Suite 400
San Diego, CA 92130-2092
Telephone: [phone]
Facsimile: 858-509-6040
Attorneys for Defendant
Ocwen Loan Servicing, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA (WESTERN DIVISION)

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Case No. 2:17-cv-03514-R-SK

Paul Garcia,
Plaintiff,

STIPULATION AND PROTECTIVE
ORDER

v.
Ocwen Loan Servicing, LLC,
Defendant.

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STIPULATED PROTECTIVE ORDER

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It is hereby stipulated and agreed by, between and among plaintiff Paul

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Garcia, (“Plaintiff”), in Case No. 2:17-cv-03514-R-SK (“the Action”) and his

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Counsel, on the one hand, and Ocwen Loan Servicing, LLC (“Defendant”) and

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Defendant’s Counsel, on the other hand (collectively, “parties”) that all documents

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produced and information disclosed in these actions shall be governed in

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accordance with this Stipulation of Confidentiality (the “Stipulation”). The parties

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agree that during the course of discovery it may be necessary to disclose certain

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confidential information relating to the subject matter of this action. They agree that

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certain categories of such information should be treated as confidential, protected

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STIPULATION AND PROTECTIVE ORDER
CASE NO. 2:17-CV-03514-R-SK

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from disclosure outside this litigation, and used only for purposes of prosecuting or

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defending this action and any appeals. The parties jointly request entry of this

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proposed Protective Order to limit the disclosure, dissemination, and use of certain

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identified categories of confidential information.

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WHEREAS, the documents to be produced by the parties may contain
confidential information that justifies protection under Fed. R. Civ. P. 26(c); and

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NOW, THEREFORE, the parties hereto, as of the 1st day of March, 2018,

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hereby stipulate and agree that the following terms and conditions shall govern the

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treatment of all documents produced and information disclosed in the Action

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(including any appeals):
1.

All

documents,

testimony,

interrogatory

responses

and

other

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information disclosed in this Action by the parties to this action (collectively,

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“Discovery Information”), shall be handled in accordance with this Stipulation.

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2.

For the purpose of this Stipulation, Discovery Information designated

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as “Confidential” means any information, documents, or part thereof which Counsel

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is producing (or any deposition testimony) that the disclosing party believes in good

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faith to contain or reflect trade secrets, proprietary information, confidential business

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and financial information (including, but not limited to operating manuals and

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guidelines, policies and procedures, documents, logs and notes created in

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anticipation of litigation, and similar internal documents, along with logs, notes, and

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identifying information relating to residential mortgage loans and financial

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information belonging to third-parties), or protected of the Plaintiff. The scope of

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this Stipulation shall also be understood to encompass not only those items or things

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that are expressly designated as “Confidential” but may include any information

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derived therefrom, and all copies, excerpts, and summaries of the information, as

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well as deposition testimony derived from such information.

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3.

Any Discovery Information produced in this action may be designated

“Confidential” by stamping each page of the document with such designation or by

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STIPULATION AND PROTECTIVE ORDER
CASE NO. 2:17-CV-03514-R-SK

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separate written notification that the Discovery Information, or portions thereof, is

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“Confidential” within thirty (30) days after production of same. All Discovery

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Information produced shall be treated as if designated “Confidential” during the

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initial thirty (30) day period following production.

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4.

Any Discovery Information designated “Confidential” shall be treated

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in a strictly confidential manner and shall be disclosed only pursuant to the terms of

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this Stipulation. In addition, any Discovery Information designated “Confidential”

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shall be used only for the purposes of the Action and for no other purpose

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whatsoever, and shall not be disclosed to anyone except in accordance with the

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terms of this Stipulation.
5.

In the event that a party wishes to use any Discovery Information

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designated “Confidential” in or as an exhibit to any affidavit, brief, memorandum

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of law, deposition transcript or other paper filed with the Court in the Action, the

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document shall be filed as set forth in Local Rule 79-5. For the avoidance of doubt,

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the parties agree to treat Discovery Information designated by another as

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“Confidential” pursuant to this Stipulation in the same manner as “information

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previously designated by another pursuant to a protective order” as that term is used

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in Local Rule 79-5(b). Pursuant to the meet and confer process contemplated in

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Local Rule 79-5(b), the disclosing party may request that the specific information

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which is protected shall be redacted or may agree that when filing any

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“Confidential” document containing protected medical information, the filing party

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may instead redact all identifying information (e.g., name, contact information,

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birth date and social security number) and replace the individual’s name with their

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initials. The party that designated the material as Confidential shall provide any

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proposed redactions within two (2) days of receiving notice that the party seeking to

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introduce the information intends to file Confidential or Highly Confidential

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information with the Court. Once the designating party has either provided

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redactions or notified the party seeking to introduce the information that the entire

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STIPULATION AND PROTECTIVE ORDER
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document is confidential, the meet and confer provisions of Civil Local Rule 79-5

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shall be deemed satisfied by the parties. The Filing Party, as defined in Civil Local

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Rules, may then file the Application pursuant to subsection (a), with the supporting

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declaration limited to identifying the material previously designated as confidential,

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the Designating Party, and the efforts made to resolve the issue. The Designating

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Party then must file the declaration required by Civil Local Rule 79-5.2.2(b)(ii).

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The party seeking to introduce the Confidential information agrees not to oppose

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the entry of an Order sealing such information. The party that designated the

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information as Confidential shall be solely responsible for making the arguments to

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the Court as set forth in Civil Local Rule 79-5 as to why such information is

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entitled to be sealed. In the event that the Court denies a motion to seal filed

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pursuant to this Stipulation, the parties stipulate that such denial shall constitute a

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determination that the information shall not be entitled to treatment as Confidential

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Discovery Information pursuant to this Stipulation. The procedures set forth herein

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are subject to the decisions of the Ninth Circuit Court of Appeals and the Local

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Rules of the Central District of California.

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6.

Each person to whom any Discovery Information designated

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“Confidential” is to be disclosed pursuant to Paragraph 8 hereof shall be provided

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with a copy of this Stipulation prior to such disclosure.

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7.

Discovery Information designated “Confidential” shall be provided

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only to the receiving party’s counsel (including counsel’s staff). Such Discovery

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Information may then be disclosed by the receiving party’s counsel to “Qualified

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Recipients” as defined in Paragraph 8 hereof, subject to the restrictions contained in

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this Stipulation.

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8.

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The following are “Qualified Recipients” of Discovery Information

designated “Confidential”:
(a)

the Plaintiff, and in the case of the Defendant, this includes any
employees, agents, counsel, attorneys and other representatives of

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STIPULATION AND PROTECTIVE ORDER
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Ocwen, who are assisting in the Action;

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(b)

counsel for the named parties to this action (including counsel’s staff);

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(c)

any independent experts or litigation consultants retained by the named
parties to assist in this action; and

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(d)

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No person having access to any “Confidential” Discovery Information shall

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disclose in any manner its contents to any person other than to those persons

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specifically identified in Paragraphs 8(a) through 8(d) above, and no such

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disclosure shall be made for any purpose other than those specified in this

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the Court, Court personnel and court reporters.

Stipulation.
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Any third party producing Discovery Information voluntarily or

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pursuant to a subpoena or a court order may designate such Discovery Information

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in the same manner and shall receive the same level of protection under this

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Stipulation as any party to this action. A third party’s use of this Stipulation to

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protect its confidential information does not entitle that third party to gain access to

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“Confidential” Discovery Information produced by any party or other third party in

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this action.

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10.

In addition to the “Qualified Recipients” listed in Paragraph 8, if

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counsel of record determines that it is necessary to disclose “Confidential”

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Discovery Information to any other person in connection with this action, counsel

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wishing to make such disclosure shall obtain approval from the other party by

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giving written notice to the designating party specifically identifying the Discovery

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Information for which disclosure is sought and the name and affiliation of the

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person to whom the material is to be disclosed. If no agreement as to the propriety

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of disclosure is reached, the party wishing to make such disclosure shall serve a

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letter requesting a meet and confer on the dispute pursuant to Local Rule 37-1.

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Thereafter, the dispute shall be resolved in the manner contemplated under Local

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Rule 37.

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STIPULATION AND PROTECTIVE ORDER
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No party concedes that any information designated by any other

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person as “Confidential” does in fact contain or reflect confidential information as

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defined herein. A party shall not be obliged to challenge the proprietary of the

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designation of information as confidential information at the time made, and failure

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to do so shall not preclude a subsequent challenge thereof whether during the

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pendency of the Action or afterwards. If, during the pendency of the Action, any

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party wishes to object to any such designations, the following procedure shall

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apply:

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(a)

A party objecting to the designation of information as “Confidential”

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must so notify counsel for the disclosing party no later than 60 days

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after such document is produced or designated by the Disclosing Party;

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(b)

Within fourteen (14) calendar days of receipt of such notice of

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objection, counsel for the disclosing party may respond in writing to

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any such notification by either: (i) withdrawing such designation; or

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(ii) stating that it refused to do so and the reasons for its refusal; and

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(c)

If the objection cannot expeditiously and informally be resolved, the

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objecting party may apply pursuant to the procedures of Local Rule 37

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for an appropriate ruling from the Court determining whether cause

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has been shown for removing any such designation. The designated

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information at issue shall continue to be treated as confidential

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information as designated until the Court orders otherwise.

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12.

Inadvertent

failure

to

designate

Discovery

Information

as

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“Confidential” at the time of production may be remedied by means of

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supplemental written notice and the provision of copies of properly stamped

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documents. Upon receipt of such notice, the Parties shall treat all documents,

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materials or testimony so designated pursuant to the terms of this Stipulation. If a

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party discloses or has disclosed “Confidential” Discovery Information to a non-

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party, the disclosing party shall, as soon as reasonably possible: (a) provide the

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STIPULATION AND PROTECTIVE ORDER
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producing party with written notice of the disclosure; (b) provide the non-party with

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written notice that the information disclosed was confidential; and (c) seek, and use

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its best efforts, to ensure the return or destruction of all “Confidential” Discovery

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Information that was disclosed to the non-party.

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13.

In the event that the designating party inadvertently fails to stamp or

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otherwise designate Discovery Information as “Confidential” at the time of its

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disclosure, the designating party shall not be deemed to have waived its right to

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designate the Discovery Information as “Confidential.” Any inadvertent or

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unintentional disclosure shall not preclude the producing party from later

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designating such information as “Confidential,” provided that it shall not be

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considered a violation of this Stipulation to disclose such undesignated Discovery

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Information any time prior to the producing party’s designation of such information

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as “Confidential.”

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14.

The parties agree that pursuant to Federal Rule of Evidence 502(d) and

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(e), the inadvertent disclosure of any document that is subject to a legitimate claim

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that the document is subject to the attorney-client privilege or the work-product

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protection shall not waive the protection or the privilege for either that document or

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for the subject matter of that document. Any party that receives such materials

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shall, upon written request or upon learning that such materials are subject to a

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claim of privilege, immediately return such materials and all copies therefore to the

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party that produced them, or have them destroyed at that party’s option.

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15.

The completion of discovery in the Action shall not relieve a party

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from its obligations under this Stipulation. The Court shall retain jurisdiction after

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such completion for the purposes of any application to modify or enforce the

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provisions of this Stipulation.

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Subject to the Court’s rules and procedures, this Stipulation shall not

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restrict in any manner the right of any party to offer or use as evidence at the trial of

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this action any of the Discovery Information designated “Confidential” which is

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STIPULATION AND PROTECTIVE ORDER
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subject to this Stipulation. To the extent any party seeks to keep and maintain the

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confidentiality of such material at trial, such party may, in advance of trial, apply to

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the Court for such treatment along with a showing of good cause. No party shall

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argue, question, or imply in any way, before a jury or other trier of fact, that the

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designation of any material as “Confidential” under this Stipulation is improper or

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suspicious or that any adverse inferences may be drawn from such designation.

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Nothing in this Stipulation shall be construed to affect the evidentiary admissibility

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or inadmissibility of any Discovery Information designated “Confidential.”

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At the conclusion of the Action (including any appeal), all Discovery

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Information designated “Confidential,” as well as any copies, excerpts or

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summaries thereof (other than its own confidential information), shall be returned

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to the producing or disclosing party. Counsel of record for any party receiving

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Discovery Information designated “Confidential” shall certify within 30 days of the

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conclusion of the Action to counsel for the producing or disclosing party that the

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provisions of this paragraph have been complied with. The provisions of this

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Stipulation shall not terminate with the disposition of this action.

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If a party in possession of Discovery Information designated

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“Confidential” is served with a subpoena, demand or request for production of such

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information from a court, administrative, legislative or other governmental body, or

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from any other person purporting to have authority to subpoena, demand or request

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such information, the recipient shall give immediate written notice of the subpoena,

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demand, or request (including the delivery of a copy thereof) to the attorneys for the

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producing or disclosing party. In the event that a subpoena, demand or request

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purports to require production of such Discovery Information on less than ten (10)

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days notice, the party to whom the subpoena, demand or request is directed shall

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give prompt telephonic notice of the receipt of such subpoena, demand or request,

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and transmit a copy thereof by e-mail, telecopier or for next-day delivery, to the

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attorneys for the producing or disclosing party.

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STIPULATION AND PROTECTIVE ORDER
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19.

The parties declare that they fully understand the terms and conditions

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of this Stipulation. The parties acknowledge that they understand the Stipulation

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and have, of their own free will, without coercion, agreed to the terms hereof. The

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parties further acknowledge that this Stipulation is a joint product and shall not be

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construed for or against any party on the ground of sole authorship.

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20.

This is the whole agreement between the parties in effect in this case,

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and merges all prior discussions and negotiations between them. The parties

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acknowledge that they are not relying on any promises or oral or written statements

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or representations other than those in this Stipulation.

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21.

This Stipulation may be modified by a writing signed by the parties.

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Nothing in this Stipulation is intended to modify any pre-existing Stipulation

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previously entered into by any party or third party.

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22.

If any provision or term of this Stipulation should be determined to be

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or rendered invalid or unenforceable, all other provisions and terms of this

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Stipulation and the application thereof to all parties and circumstances subject

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thereto shall remain unaffected to the extent permitted by law.

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23.

This Stipulation may be executed in two or more counterparts, each of

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which shall be deemed an original and all of which together shall constitute one and

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the same agreement. The parties agree to be bound by this Stipulation pending its

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entry by the Court.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: March 2, 2018

TROUTMAN SANDERS LLP
By: /s/ Chad R. Fuller
Chad R. Fuller
Virginia Bell Flynn (pro hac vice)
Attorneys for Defendant
OCWEN LOAN SERVICING, LLC

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STIPULATION AND PROTECTIVE ORDER
CASE NO. 2:17-CV-03514-R-SK

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Dated: March 2, 2018

HYDE & SWIGART APC
By: /s/ Emily C. Beecham
Joshua B. Swigart
Emily C. Beecham
Attorneys for Plaintiff
PAUL GARCIA

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IT IS SO ORDERED this 6th day of March, 2018.

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By:
Hon. Manuel L. Real
United States District Court Judge

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STIPULATION AND PROTECTIVE ORDER
CASE NO. 2:17-CV-03514-R-SK