Orlando Sanchez v. Experian Infomation Solutions Inc.

Filing 20

ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 19 (dts)

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Douglas L. Clark (SBN 279408)
JONES DAY
12265 El Camino Real, Suite 200
San Diego, California 92130
Telephone: [phone]
Facsimile: +1. 858.314.1150
Email: [e-mail]
Attorneys for Defendants
EXPERIAN INFORMATION SOLUTIONS,
INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ORLANDO SANCHEZ,

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Plaintiff,

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v.
EXPERIAN INFORMATION
SOLUTIONS, INC.,

Case No. 5:15-cv-02450-JGB-KK
Hon. Kenly K. Kato
STIPULATED PROTECTIVE
ORDER
[DISCOVERY MATTER]

Defendants.

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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK

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IT IS HEREBY STIPULATED by and between Plaintiff Orlando Sanchez

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(“Plaintiff”) and Defendant Experian Information Solutions, Inc. (“Defendant”),

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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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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 Defendant (including, but not limited to, its computer

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

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therefrom);

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WHEREAS, an order of this Court is necessary to protect Defendant from

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annoyance, embarrassment, oppression, or undue burden or expense related to the

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disclosure of confidential, proprietary or private information of Defendant 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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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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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK

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2.

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

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materials in this action (a “Producing Party” or “Designating Party”) may designate

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such materials and the information contained therein subject to this Order by typing

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or stamping on the front of the document, or on the portion(s) of the document for

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which confidential treatment is designated, “Confidential.” No party shall be

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obliged to challenge the propriety of a CONFIDENTIAL designation, and a failure

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to do so shall not preclude a subsequent attack on the propriety of such designation

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at any time that is consistent with the Court’s Scheduling Order.

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3.

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

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other papers to be filed with the Court incorporate documents or information

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subject to this Order, including materials labeled as “Confidential,” or known to be

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“Confidential” pursuant to this order, the party filing such papers shall file them

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with the clerk under seal pursuant to the procedures set out in Civil Local Rule 79-

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5.2.2; provided, however, that a copy of such filing without the confidential

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information may be made part of the public record. Any party filing any document

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

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Confidential materials may only be filed under seal pursuant to a court order

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authorizing the sealing of the specific Confidential material at issue. If a party’s

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request pursuant to Civil Local Rule 79-5 to file Confidential material under seal is

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denied by the Court, then the party that received information or materials

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designated as “Confidential” (“Receiving Party”) may file the information in the

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public record unless otherwise instructed by the Court.

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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), unless challenged

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successfully under paragraph 11, shall not be used, directly or indirectly, by any

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person, for any business, commercial or competitive purposes or for any purpose
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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK

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whatsoever other than solely for the preparation and trial of this action in

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accordance with the provisions of this Order; provided however, nothing in this

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protective order shall be construed as authorizing a party to disobey a lawful

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subpoena or court order issued in another action.

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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 of the parties that such witnesses need to know such information;

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(e) present or former employees of the 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 (f) experts

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specifically retained as consultants or expert witnesses in connection with this

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litigation. Notwithstanding the foregoing, nothing in this protective order shall

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apply to the Court or the court personnel, who are subject only to the Court’s

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internal procedures regarding the handling of material filed or lodged, including

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material filed or lodged under seal.

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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(f) 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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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK

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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 of the 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.
8.

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

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information or materials designated “Confidential.” Any use of Confidential

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material at trial or other court hearings or proceedings shall be governed by the

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orders of the trial judge.

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9.

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 destroyed upon request of the Producing Party.

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Furthermore, the Receiving Party shall provide a written certification to the

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Producing Party that (1) identifies (by category, where appropriate) all the

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Protected Material that was returned or destroyed and (2) affirms that the Receiving

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Party has not retained any copies.
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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK

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11.

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

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(“Challenging Party”), the parties shall first try to resolve such dispute in good faith

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on an informal basis in accordance with Local Rule 37-1. If the dispute cannot be

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resolved, the parties shall seek appropriate relief from this Court in accordance with

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Local Rule 37-2. The burden of persuasion in any such challenge proceeding shall

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be on the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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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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13.

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 of justice.
SO STIPULATED.

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Dated: May 13, 2016

SEMNAR & HARTMAN, LLP

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By: /s/ Babak Semnar
Babak Semnar
Attorneys for Plaintiff
ORLANDO SANCHEZ

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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK

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Dated: May 13, 2016

JONES DAY

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By: /s/ Douglas L. Clark
Douglas L. Clark

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Attorneys for Defendant
EXPERIAN INFORMATION
SOLUTIONS, INC.

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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
listed, on whose behalf this filing is submitted, concur with the contents of this
filing and have authorized the filing.
/s/ Douglas L. Clark
Douglas L. Clark

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated: _______________
May 16, 2016

________________________________
Magistrate Judge Kenly K. Kato

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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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Orlando Sanchez v. Experian Information Solutions, Inc.
United States District Court, Central District of California
Case No. 5:15-cv-02450-JGB-KK

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I, _____________________________________, declare as follows:

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1.

My address is ____________________________________________.

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2.

My present employer is _____________________________________.

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3.

My present occupation or job description is _____________________.

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I have received a copy of the Stipulated Protective Order entered in

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this action on _______________, 2016.
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I have carefully read and understand the provisions of this Stipulated

Protective Order.

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6.

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

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7.

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 of this 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
Case No. 5:15-cv-02450-JGB-KK

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I declare under penalty of perjury under the laws of the United States that the
following is true and correct.
Executed this ____ day of _____________, 2016 at __________________.

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_______________________________
QUALIFIED PERSON

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STIPULATED PROTECTIVE ORDER
Case No. 5:15-cv-02450-JGB-KK