Hannah Weinstein et al v. Equifax Information Services LLC et al
Filing
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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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specifically retained as consultants or expert witnesses in connection with this
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litigation.
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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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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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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
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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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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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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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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
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ollowing is true and correct.
Executed this
day of
,2018, at
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QUALIFIED PERSON
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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
rbrennan@brennanlaw.com, aarellano@brennanlaw.com,
nmendoza@brennanlaw.com, sjones@brennanlaw.com,
rbichler@brennanlaw.com
• Matthew F. Kennedy
matthewfkenn@gmail.com
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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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