Hannah Weinstein et al v. Equifax Information Services LLC et al

Filing 31

STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott. (See document for further details.) 29 (sbou).

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Jennifer Sun (State Bar No. 238942)
Jennifersun(c~~onesday.com
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0NES DAY
3161 Michelson Drive, Suite 800
Irvine CA 92612.4408
Telep~ione: 949 851-3939
Facsimile: ~949~ 553-7539
Attorneys for Defendant
EXPERIAN INFORMATION SOLUTIONS,
INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HANNAH WEINSTEIN, an
Individual;

Hon. John E. McDermott
Plaintiff,

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Case No. 2:17-cv-08704 DSF(JEMx)

v.

ROTECTI

EQUIFAX INFORMATION
SERNCES LLC,a business entity;
EXPERIAN INFORMATION
SOLUTIONS,INC., is a Corporation;
FIDELITY CAPITAL HOLDINGS,
INC., is a business entity, form
unknown; and DOES 1-10, Inclusive,

STIPULATED
ORDER

[
DISCOVERY MATTER]
Complaint filed: December 1, 2017

Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Hannah Weinstein

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"Plaintiff'), and Defendant Experian Information Solutions, Inc.("Experian"),
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through their respective attorneys of record, as follows:

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GOOD CAUSE STATEMENT
WHEREAS,Fed. R. Civ. P. 26(c)(1) requires a showing of good cause for

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the entry of a protective order by the Court to prevent public disclosure of material

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such as trade secrets or other confidential research, development, or commercial

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information;
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STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-08704 DSF(JEMx)

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WHEREAS,documents and information have been and may be sought,

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produced or exhibited by and among the parties to this action relating to trade

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secrets, confidential research, development, technology or other proprietary

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information belonging to Experian (including, but not limited to, codes, computer

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systems, software and processes used for credit reporting, and information derived

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therefrom); and/or sealed court records, personal income, credit, and other

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confidential information of Plaintiff;

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WHEREAS,an order of this Court is necessary to protect the parties from
annoyance, embarrassment, oppression, or undue burden or expense related to the

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disclosure of confidential, proprietary or private information ofthe parties for

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purposes other than prosecuting and defending this litigation; and

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WHEREAS,this Order does not confer blanket protection on all disclosures

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or responses to discovery, and the protection it gives from public disclosure and use

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extends only to the specific documents and material entitled to confidential

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treatment under applicable legal principles.

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STIPULATED PROTECTIVE ORDER

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THEREFORE,an Order of this Court protecting such confidential

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information shall be and hereby is made by this Court on the following terms:

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1.

This Order shall govern the use, handling and disclosure of all

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documents, testimony or information produced or given in this action which are

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designated to be subject to this Order in accordance with the terms hereof.

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2.

Any party or non-party producing or filing documents or other

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materials in this action may designate such materials and the information contained

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therein subject to this Order by typing or stamping on the front ofthe document, or

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on the portions) ofthe document for which confidential treatment is designated,

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"Confidential."

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3.

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To the extent any motions, briefs, pleadings, deposition transcripts, or

other papers to be filed with the Court incorporate documents or information
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STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-08704 DSF(JEMx)

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subject to this Order, the party filing such papers shall designate such materials, or

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portions thereof, as "Confidential," and shall file them with the clerk under seal;

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provided, however, that a copy ofsuch filing having the confidential information

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deleted therefrom may be made part ofthe public record. Any party filing any

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document under seal must comply with the requirements of Local Rule 79-5.

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4.

All documents, transcripts, or other materials subject to this Order, and

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all information derived therefrom (including, but not limited to, all testimony given

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in a deposition, declaration or otherwise, that refers, reflects or otherwise discusses

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any information designated "Confidential" hereunder), shall not be used, directly or

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indirectly, by any person, including the other Defendants, for any business,

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commercial or competitive purposes or for any purpose whatsoever other than

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solely for the preparation and trial of this action in accordance with the provisions

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of this Order.

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5.

Except with the prior written consent of the individual or entity

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designating a document or portions of a document as "Confidential," or pursuant to

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prior Order after notice, any document, transcript or pleading given "Confidential"

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treatment under this Order, and any information contained in, or derived from any

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such materials (including but not limited to, all deposition testimony that refers to,

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reflects or otherwise discusses any information designated "Confidential"

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hereunder) may not be disclosed other than in accordance with this Order and may

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not be disclosed to any person other than:(a)the Court and its officers;(b)parties

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to this litigation;(c) counsel for the parties, whether retained outside counsel or in-

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house counsel and employees of counsel assigned to assist such counsel in the

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preparation of this litigation;(d)fact witnesses subject to a proffer to the Court or a

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stipulation ofthe parties that such witnesses need to know such information;

2 (e) present or former employees ofthe Producing Party in connection with their
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depositions in this action (provided that no former employees shall be shown

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documents prepared after the date of his or her departure); and(~ experts
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STIPULATED PROTECTIVE ORDER
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specifically retained as consultants or expert witnesses in connection with this

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litigation.

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6.

Documents produced pursuant to this Order shall not be made

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available to any person designated in Subparagraph 5(fl unless he or she shall have

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first read this Order, agreed to be bound by its terms, and signed the attached

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Declaration of Compliance.

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7.

All persons receiving any or all documents produced pursuant to this

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Order shall be advised of their confidential nature. All persons to whom

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confidential information and/or documents are disclosed are hereby enjoined from

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disclosing same to any person except as provided herein, and are further enjoined

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from using same except in the preparation for and trial ofthe above-captioned

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action between the named parties thereto. No person receiving or reviewing such

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confidential documents, information or transcript shall disseminate or disclose them

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to any person other than those described above in Paragraph 5 and for the purposes

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specified, and in no event shall such person make any other use of such document

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or transcript.

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8.

Nothing in this Order shall prevent a party from using at trial any

information or materials designated "Confidential."
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This Order has been agreed to by the parties to facilitate discovery and

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the production of relevant evidence in this action. Neither the entry of this Order,

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nor the designation of any information, document, or the like as "Confidential," nor

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the failure to make such designation, shall constitute evidence with respect to any

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issue in this action.

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10.

Within sixty (60) days after the final termination of this litigation, all

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documents, transcripts, or other materials afforded confidential treatment pursuant

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to this Order, including any extracts, summaries or compilations taken therefrom,

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but excluding any materials which in the good faith judgment of counsel are work

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product materials, shall be returned to the Producing Party.
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STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-08704 DSF(JEMx)

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In the event that any party to this litigation disagrees at any point in

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these proceedings with any designation made under this Protective Order, the

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parties shall first try to resolve such dispute in good faith on an informal basis in

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accordance with Local Rule 37-1. If the dispute cannot be resolved, the party

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objecting to the designation may seek appropriate relief from this Court. During

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the pendency of any challenge to the designation of a document or information, the

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designated document or information shall continue to be treated as "Confidential"

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subject to the provisions of this Protective Order.

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12.

Nothing herein shall affect or restrict the rights of any party with

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respect to its own documents or to the information obtained or developed

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independently of documents, transcripts and materials afforded confidential

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treatment pursuant to this Order.

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The Court retains the right to allow disclosure of any subject covered

by this stipulation or to modify this stipulation at any time in the interest ofjustice.

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Dated: July 24, 2018

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LAW OFFICES OF ROBERT F.
BRENNAN A P.C.

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By: /s/Robert F. Brennan
Robert F. Brennan

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Attorneys for Plaintiff
HANNAH WEINSTEIN

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Dated: July 24, 2018

JONES DAY

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By:/s/Jennifer Sun
Jennifer Sun

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Attorneys for Defendant
EXPERIAN INFORMATION
SOLUTIONS,INC.

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STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-08704 DSF(JEMx)

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Signature Certification

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Pursuant to Local Rule 5-4.3.4(a)(2), I hereby certify that all other signatories

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listed above, on whose behalf this filing is submitted, concur with the contents of

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this filing and have authorized the filing.

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/
s/Jennifer Sun
Jennifer Sun

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9 ~ FOR GOOD CAUSE SHOWN,IT IS SO

ERED.

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Dated:

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States Magistrate Judge

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STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-08704 DSF(JEMx)

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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H
annah Weinstein v. Equifax Information Services LLC, et al.
United States District Court, Central District of California
Case No. Case No. 2:17-cv-08704 DSF(JEMx)

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I,

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My address is

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My present employer is

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My present occupation or job description is

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I have received a copy ofthe Stipulated Protective Order entered in

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this action on

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,declare as follows:

, 2018.

I have carefully read and understand the provisions ofthis Stipulated

Protective Order.

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6.

I will comply with all provisions of this Stipulated Protective Order.

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I will hold in confidence, and will not disclose to anyone not qualified

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under the Stipulated Protective Order, any information, documents or other

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materials produced subject to this Stipulated Protective Order.

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I will use such information, documents or other materials produced

subject to this Stipulated Protective Order only for purposes of this present action.
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Upon termination ofthis action, or upon request, I will return and

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deliver all information, documents or other materials produced subject to this

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Stipulated Protective Order, and all documents or things which I have prepared

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relating to the information, documents or other materials that are subject to the

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Stipulated Protective Order, to my counsel in this action, or to counsel for the party

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by whom I am employed or retained or from whom I received the documents.

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10.

I hereby submit to the jurisdiction of this Court for the purposes of

enforcing the Stipulated Protective Order in this action.

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STIPULATED PROTECTIVE ORDER I
Case No. 2:17-cv-08704 DSF(JEMx)

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I declare under penalty of perjury under the laws ofthe United States that the
f
ollowing is true and correct.
Executed this

day of

,2018, at

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QUALIFIED PERSON
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STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-08704 DSF(JEMx)

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CERTIFICATE OF SERVICE

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I,Jennifer Sun, declare:

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I am a citizen of the United States and employed in Orange County,

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California. I am over the age of eighteen years and not a party to the within-entitled

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action. My business address is 3161 Michelson Drive, Suite 800, Irvine, California

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92612.4408. On July 24, 2018, I served a copy of the[PROPOSED)

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STIPULATED PROTECTIVE ORDER by electronic transmission.

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I am familiar with the United States District Court for the Central District of

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California's practice for collecting and processing electronic filings. Under that

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practice, documents are electronically filed with the court. The court's CM/ECF

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assigned judge, and any registered users in the case. The NEF will constitute

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service ofthe document. Registration as a CM/ECF user constitutes consent to

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electronic service through the court's transmission facilities. Under said practice,

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the following CM/ECF users were served:

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~ Robert F. Brennan
[e-mail], [e-mail],
[e-mail], [e-mail],
[e-mail]
• Matthew F. Kennedy
[e-mail]

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Executed on July 24, 2018, at Irvine, California.

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/
s/Jennifer Sun
T
ier un

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STIPULATED PROTECTIVE ORDER
Case No. 2:17-cv-08704 DSF(JEMx)