Belen Torrez v. Freedom Mortgage Corporation, et al

Filing 39

ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 38 (SEE ORDER FOR DETAILS) (dts)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

‘BLANK ROME LLP
Michael L. Ludwig (SBN 173850)
[e-mail]
Caroline P. Donelan (SBN 268762)
[e-mail]
2029 Century Park East, 6th Floor
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 424.239.3434
Attorneys for Defendant
FREEDOM MORTGAGE CORPORATION
JUSTICE LAW CORPORATION
Douglas Han (SBN 232858)
[e-mail]
Shunt Tatavos-Gharajeh (SBN 272164)
[e-mail]
Daniel J. Park (SBN 274973)
[e-mail]
411 North Central Avenue, Suite 500
Glendale, CA 91203
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
BELEN TORREZ

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18

EASTERN DIVISION

19
20

BELEN TORREZ, individually, and on
behalf of other members of the general
public similarly situated;

21
22
23
24
25

Plaintiff,
v.
FREEDOM MORTGAGE
CORPORATION, a New Jersey
corporation; and DOES 1 through 100,
inclusive;
Defendants.

26
27

Case No. 5:17-cv-00867-JGB-KK
FURTHER REVISED
JOINT STIPULATION FOR
ENTRY OF PROTECTIVE ORDER
[NOTE CHANGES BY COURT TO
PARAGRAPH 7]
Complaint Filed:
Removal Filed:
Trial Date:

April 13, 2017
May 4, 2017
None Set

28
103718.00203/106320805v.1

FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

1

1.

2

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production

3

of confidential, proprietary, or private information, including but not limited to

4

confidential and private medical, financial and personnel information, for which

5

special protection from public disclosure and from use for any purpose other than

6

prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate

7

to and petition the court to enter the following Stipulated Protective Order. The parties

8

acknowledge that this Order does not confer blanket protections on all disclosures or

9

responses to discovery and that the protection it affords from public disclosure and use

10

extends only to the limited information or items that are entitled to confidential

11

treatment under the applicable legal principles. The parties further acknowledge, as set

12

forth in Section 13.3, below, that this Stipulated Protective Order does not entitle them

13

to file confidential information under seal. Civil Local Rule 79-5 sets forth the

14

procedures that must be followed and the standards that will be applied when a party

15

seeks permission from the court to file material under seal.

16

2.

17

GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, confidential personnel documents

18

and compensation-structure information for which special protection from public

19

disclosure and from use for any purposes other than the prosecution of this action is

20

warranted. Such confidential and proprietary materials and information consist of,

21

among other things, confidential business or financial information, information

22

regarding confidential business practices or other confidential personnel information

23

that implicates the privacy rights of third parties, information otherwise generally

24

unavailable to the public, or which may be privileged or otherwise protected from

25

disclosure under state or federal statutes, court rules, case decisions, or common law.

26

Accordingly, to expedite the flow of information, to facilitate the prompt resolution of

27

disputes over confidentiality of discovery materials, to adequately protect information

28
1
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

the parties are entitled to keep confidential, to ensure that the parties are permitted

2

reasonable necessary uses of such material in preparation for and in the conduct of

3

trial, to address their handling at the end of litigation, and serve the ends of justice, a

4

protective order for such information is justified in this matter. It is the intent of the

5

parties that information will not be designated as confidential for tactical reasons and

6

that nothing be so designated without a good-faith belief that it has been maintained in

7

a confidential, non-public manner, and there is good cause why it should not be part of

8

the public record of this case.

9

3.

10
11
12

DEFINITIONS
3.1.

Challenging Party: a Party or Non-Party that challenges the designation

of information or items under this Order.
3.2.

“CONFIDENTIAL” Information or Items: information (regardless of

13

how it is generated, stored or maintained) or tangible things that qualify for protection

14

under Federal Rule of Civil Procedure 26(c).

15
16
17

3.3.

Counsel (without qualifier): Outside Counsel of Record and In-House

Counsel (as well as their support staff).
3.4.

Designating Party: a Party or Non-Party that designates information or

18

items that it produces in disclosures or in responses to discovery as

19

“CONFIDENTIAL.”

20

3.5.

Disclosure or Discovery Material: all items or information, regardless of

21

the medium or manner in which it is generated, stored, or maintained (including,

22

among other things, testimony, transcripts, and tangible things), that are produced or

23

generated in disclosures or responses to discovery in this matter.

24

3.6.

Expert: a person with specialized knowledge or experience in a matter

25

pertinent to the litigation who has been retained by a Party or its counsel to serve as an

26

expert witness or as a consultant in this action.

27
28
2
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

3.7.

In-House Counsel: attorneys who are employees of a party to this action.

2

In-House Counsel does not include Outside Counsel of Record or any other outside

3

counsel.

4
5

3.8.

Non-Party: any natural person, partnership, corporation, association, or

other legal entity not named as a Party to this action.

6

3.9.

Outside Counsel of Record: attorneys who are not employees of a party

7

to this action but are retained to represent or advise a party to this action and have

8

appeared in this action on behalf of that party or are affiliated with a law firm which

9

has appeared on behalf of that party.

10

3.10. Party: any party to this action, including all of its officers, directors,

11

employees, consultants, retained experts, and Outside Counsel of Record (and their

12

support staffs).

13
14

3.11. Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this action.

15

3.12. Professional Vendors: persons or entities that provide litigation support

16

services (e.g., photocopying, videotaping, translating, preparing exhibits or

17

demonstrations, and organizing, storing, or retrieving data in any form or medium)

18

and their employees and subcontractors.

19
20

3.13. Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

21

3.14. Receiving Party: a Party that receives Disclosure or Discovery Material

22

from a Producing Party.

23

4.

24

SCOPE
The protections conferred by this Stipulation and Order cover not only

25

Protected Material (as defined above), but also (1) any information copied or extracted

26

from Protected Material; (2) all copies, excerpts, summaries, or compilations of

27

Protected Material; and (3) any testimony, conversations, or presentations by Parties

28
3
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

or their Counsel that might reveal Protected Material. However, the protections

2

conferred by this Stipulation and Order do not cover the following information: (a)

3

any information that is in the public domain at the time of disclosure to a Receiving

4

Party or becomes part of the public domain after its disclosure to a Receiving Party as

5

a result of publication not involving a violation of this Order, including becoming part

6

of the public record through trial or otherwise; and (b) any information known to the

7

Receiving Party prior to the disclosure or obtained by the Receiving Party after the

8

disclosure from a source who obtained the information lawfully and under no

9

obligation of confidentiality to the Designating Party. Any use of Protected Material at

10

trial or other hearings shall be governed by the orders of the trial judge.

11

5.

12

DURATION
Even after final disposition of this litigation, the confidentiality obligations

13

imposed by this Order shall remain in effect until a Designating Party agrees

14

otherwise in writing or a court order otherwise directs. Final disposition shall be

15

deemed to be the later of (1) dismissal of all claims and defenses in this action, with or

16

without prejudice; and (2) final judgment herein after the completion and exhaustion

17

of all appeals, rehearings, remands, trials, or reviews of this action, including the time

18

limits for filing any motions or applications for extension of time pursuant to

19

applicable law.

20

6.

21

DESIGNATING PROTECTED MATERIAL
6.1.

Exercise of Restraint and Care in Designating Material for Protection.

22

Each Party or Non-Party that designates information or items for protection under this

23

Order must take care to limit any such designation to specific material that qualifies

24

under the appropriate standards. The Designating Party must designate for protection

25

only those parts of material, documents, items, or oral or written communications that

26

qualify – so that other portions of the material, documents, items, or communications

27
28
4
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

for which protection is not warranted are not swept unjustifiably within the ambit of

2

this Order.

3

Mass, indiscriminate, or routinized designations are prohibited. Designations

4

that are shown to be clearly unjustified or that have been made for an improper

5

purpose (e.g., to unnecessarily encumber or retard the case development process or to

6

impose unnecessary expenses and burdens on other parties) expose the Designating

7

Party to sanctions.

8

If it comes to a Designating Party’s attention that information or items that it

9

designated for protection do not qualify for protection, that Designating Party must

10
11

promptly notify all other Parties that it is withdrawing the mistaken designation.
6.2.

Manner and Timing of Designations. Except as otherwise provided in

12

this Order (see, e.g., second paragraph of section 6.2(a) below), or as otherwise

13

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

14

under this Order must be clearly so designated before the material is disclosed or

15

produced.

16
17

Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

18

documents, but excluding transcripts of depositions or other pretrial or trial

19

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each

20

page that contains protected material. If only a portion or portions of the material on a

21

page qualifies for protection, the Producing Party also must clearly identify the

22

protected portion(s) (e.g., by making appropriate markings in the margins).

23

A Party or Non-Party that makes original documents or materials available for

24

inspection need not designate them for protection until after the inspecting Party has

25

indicated which material it would like copied and produced. During the inspection and

26

before the designation, all of the material made available for inspection shall be

27

deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents

28
5
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

it wants copied and produced, the Producing Party must determine which documents,

2

or portions thereof, qualify for protection under this Order. Then, before producing the

3

specified documents, the Producing Party must affix the “CONFIDENTIAL” legend

4

to each page that contains Protected Material. If only a portion or portions of the

5

material on a page qualifies for protection, the Producing Party also must clearly

6

identify the protected portion(s) (e.g., by making appropriate markings in the

7

margins).

8
9
10

(b)

for testimony given in deposition or in other pretrial or trial

proceedings, that the Designating Party identify on the record, before the close of the
deposition, hearing, or other proceeding, all protected testimony.

11

(c)

for information produced in some form other than documentary

12

and for any other tangible items, that the Producing Party affix in a prominent place

13

on the exterior of the container or containers in which the information or item is stored

14

the legend “CONFIDENTIAL.” If only a portion or portions of the information or

15

item warrant protection, the Producing Party, to the extent practicable, shall identify

16

the protected portion(s).

17

6.3.

Inadvertent Failures to Designate. If timely corrected, an inadvertent

18

failure to designate qualified information or items does not, standing alone, waive the

19

Designating Party’s right to secure protection under this Order for such material.

20

Upon timely correction of a designation, the Receiving Party must make reasonable

21

efforts to assure that the material is treated in accordance with the provisions of this

22

Order.

23

7.

24

CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

Timing of Challenges. Any Party or Non-Party may challenge a

25

designation of confidentiality at any time that is consistent with the Court’s

26

Scheduling Order. Unless a prompt challenge to a Designating Party’s confidentiality

27

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary

28
6
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

economic burdens, or a significant disruption or delay of the litigation, a Party does

2

not waive its right to challenge a confidentiality designation by electing not to mount a

3

challenge promptly after the original designation is disclosed. Any motion

4

challenging a confidentiality designation, to retain a confidentiality designation, or

5

seeking to modify or amend the proposed Protective Order must be brought into strict

6

compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation

7

requirement).

8
9

7.2.

Meet and Confer. The Challenging Party shall initiate the dispute

resolution process by providing written notice of each designation it is challenging

10

and describing the basis for each challenge. To avoid ambiguity as to whether a

11

challenge has been made, the written notice must recite that the challenge to

12

confidentiality is being made in accordance with this specific paragraph of the

13

Protective Order. The parties shall attempt to resolve each challenge in good faith and

14

must begin the process by conferring directly (in voice to voice dialogue; other forms

15

of communication are not sufficient) within 14 days of the date of service of notice.

16

In conferring, the Challenging Party must explain the basis for its belief that the

17

confidentiality designation was not proper and must give the Designating Party an

18

opportunity to review the designated material, to reconsider the circumstances, and, if

19

no change in designation is offered, to explain the basis for the chosen designation. A

20

Challenging Party may proceed to the next stage of the challenge process only if it has

21

engaged in this meet and confer process first or establishes that the Designating Party

22

is unwilling to participate in the meet and confer process in a timely manner.

23

7.3.

Judicial Intervention. If the Parties cannot resolve a challenge without

24

court intervention, the Designating Party shall file and serve a motion to retain

25

confidentiality within 21 days of the initial notice of challenge or within 14 days of

26

the parties agreeing that the meet and confer process will not resolve their dispute,

27

whichever is earlier, and must strictly comply with Local Rules 37-1 and 37-2

28
7
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

(including the Joint Stipulation requirement). Failure by the Designating Party to

2

make such a motion including the required declaration within 21 days (or 14 days, if

3

applicable) shall automatically waive the confidentiality designation for each

4

challenged designation. In addition, the Challenging Party may file a motion

5

challenging a confidentiality designation at any time that is consistent with the Court’s

6

Scheduling Order if there is good cause for doing so, including a challenge to the

7

designation of a deposition transcript or any portions thereof. Any motion brought

8

pursuant to this provision must strictly comply with Local Rules 37-1 and 37-2

9

(including the Joint Stipulation requirement).

10

The burden of persuasion in any such challenge proceeding shall be on the

11

Designating Party. Frivolous challenges, and those made for an improper purpose

12

(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

13

expose the Challenging Party to sanctions. Unless the Designating Party has waived

14

the confidentiality designation by failing to file a motion to retain confidentiality as

15

described above, all parties shall continue to afford the material in question the level

16

of protection to which it is entitled under the Producing Party’s designation until the

17

court rules on the challenge.

18

8.

19

ACCESS TO AND USE OF PROTECTED MATERIAL
8.1.

Basic Principles. A Receiving Party may use Protected Material that is

20

disclosed or produced by another Party or by a Non-Party in connection with this case

21

only for prosecuting, defending, or attempting to settle this litigation. Such Protected

22

Material may be disclosed only to the categories of persons and under the conditions

23

described in this Order. When the litigation has been terminated, a Receiving Party

24

must comply with the provisions of section 13 below (FINAL DISPOSITION).

25

Protected Material must be stored and maintained by a Receiving Party at a

26

location and in a secure manner that ensures that access is limited to the persons

27

authorized under this Order.

28
8
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

8.2.

Disclosure of “CONFIDENTIAL” Information or Items. Unless

2

otherwise ordered by the court or permitted in writing by the Designating Party, a

3

Receiving Party may disclose any information or item designated “CONFIDENTIAL”

4

only to:

5

(a)

the Receiving Party’s Outside Counsel of Record in this action, as

6

well as employees of said Outside Counsel of Record to whom it is reasonably

7

necessary to disclose the information for this litigation and who have signed the

8

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;

9

(b)

the officers, directors, and employees (including House Counsel)

10

of the Receiving Party to whom disclosure is reasonably necessary for this litigation

11

and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

12

A);

13

(c)

experts (as defined in this Order) of the Receiving Party to whom

14

disclosure is reasonably necessary for this litigation and who have signed the

15

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

16

(d)

the court and its personnel, including the Court’s court reporters,

17

who are subject only to the Court’s internal procedures regarding the handling of

18

material filed or lodged, including material filed or lodged under seal;

19

(e)

court reporters and their staff, professional jury or trial consultants,

20

mock jurors, and Professional Vendors to whom disclosure is reasonably necessary

21

for this litigation and who have signed the “Acknowledgment and Agreement to Be

22

Bound” (Exhibit A);

23

(f)

during their depositions, witnesses in the action to whom

24

disclosure is reasonably necessary and who have signed the “Acknowledgment and

25

Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating

26

Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to

27

depositions that reveal Protected Material must be separately bound by the court

28
9
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

reporter and may not be disclosed to anyone except as permitted under this Stipulated

2

Protective Order.

3

(g)

the author or recipient of a document containing the information or

4

a custodian or other person who otherwise possessed or knew the information.

5

9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

6

OTHER LITIGATION

7

If a Party is served with a subpoena or a court order issued in other litigation

8

that compels disclosure of any information or items designated in this action as

9

“CONFIDENTIAL,” that Party must:

10
11

(a)

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;

12

(b)

promptly notify in writing the party who caused the subpoena or

13

order to issue in the other litigation that some or all of the material covered by the

14

subpoena or order is subject to this Protective Order. Such notification shall include a

15

copy of this Stipulated Protective Order; and

16
17

(c)

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

18

If the Designating Party timely seeks a protective order, the Party served with

19

the subpoena or court order shall not produce any information designated in this

20

action as “CONFIDENTIAL” before a determination by the court from which the

21

subpoena or order issued, unless the Party has obtained the Designating Party’s

22

permission. The Designating Party shall bear the burden and expense of seeking

23

protection in that court of its confidential material – and nothing in these provisions

24

should be construed as authorizing or encouraging a Receiving Party in this action to

25

disobey a lawful directive from another court.

26

///

27

///

28
10
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1
2
3

10.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced by

4

a Non-Party in this action and designated as “CONFIDENTIAL.” Such information

5

produced by Non-Parties in connection with this litigation is protected by the

6

remedies and relief provided by this Order. Nothing in these provisions should be

7

construed as prohibiting a Non-Party from seeking additional protections.

8
9

(b)

In the event that a Party is required, by a valid discovery request,

to produce a Non-Party’s confidential information in its possession, and the Party is

10

subject to an agreement with the Non-Party not to produce the Non-Party’s

11

confidential information, then the Party shall:

12

(1)

promptly notify in writing the Requesting Party and the

13

Non-Party that some or all of the information requested is subject to a confidentiality

14

agreement with a Non-Party;

15

(2)

promptly provide the Non-Party with a copy of the

16

Stipulated Protective Order in this litigation, the relevant discovery request(s), and a

17

reasonably specific description of the information requested; and

18
19
20

(3)

make the information requested available for inspection by

the Non-Party.
(c)

If the Non-Party fails to object or seek a protective order from this

21

court within 14 days of receiving the notice and accompanying information, the

22

Receiving Party may produce the Non-Party’s confidential information responsive to

23

the discovery request. If the Non-Party timely seeks a protective order, the Receiving

24

Party shall not produce any information in its possession or control that is subject to

25

the confidentiality agreement with the Non-Party before a determination by the court.

26

Absent a court order to the contrary, the Non-Party shall bear the burden and expense

27

of seeking protection in this court of its Protected Material.

28
11
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

11.

2

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

3

Protected Material to any person or in any circumstance not authorized under this

4

Stipulated Protective Order, the Receiving Party must immediately (a) notify in

5

writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

6

to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

7

persons to whom unauthorized disclosures were made of all the terms of this Order,

8

and (d) request such person or persons to execute the “Acknowledgment and

9

Agreement to Be Bound” that is attached hereto as Exhibit A.

10

12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

11

PROTECTED MATERIAL

12

When a Producing Party gives notice to Receiving Parties that certain

13

inadvertently produced material is subject to a claim of privilege or other protection,

14

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

15

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

16

may be established in an e-discovery order that provides for production without prior

17

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

18

parties reach an agreement on the effect of disclosure of a communication or

19

information covered by the attorney-client privilege or work product protection, the

20

parties may incorporate their agreement in the stipulated protective order submitted to

21

the court.

22

13.

23
24
25

MISCELLANEOUS
13.1. Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the court in the future.
13.2. Right to Assert Other Objections. By stipulating to the entry of this

26

Protective Order no Party waives any right it otherwise would have to object to

27

disclosing or producing any information or item on any ground not addressed in this

28
12
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

Stipulated Protective Order. Similarly, no Party waives any right to object on any

2

ground to use in evidence of any of the material covered by this Protective Order.

3

13.3. Filing Protected Material. Without written permission from the

4

Designating Party or a court order secured after appropriate notice to all interested

5

persons, a Party may not file in the public record in this action any Protected Material.

6

Protected Material may only be filed under seal pursuant to a court order authorizing

7

the sealing of the specific Protected Material at issue. A Party seeking to file under

8

seal any Protected Material must comply with Civil Local Rule 79-5. A sealing order

9

will issue only upon a request establishing that the Protected Material at issue is

10

privileged, protectable as a trade secret, or otherwise entitled to protection under the

11

law. If a Receiving Party's request to file Protected Material under seal is denied by

12

the court, then the Receiving Party may file the information in the public record unless

13

otherwise instructed by the court.

14

14.

15

FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph

16

4, each Receiving Party must return all Protected Material to the Producing Party or

17

destroy such material. As used in this subdivision, “all Protected Material” includes

18

all copies, abstracts, compilations, summaries, and any other format reproducing or

19

capturing any of the Protected Material. Whether the Protected Material is returned or

20

destroyed, the Receiving Party must submit a written certification to the Producing

21

Party (and, if not the same person or entity, to the Designating Party) by the 60 day

22

deadline that (1) identifies (by category, where appropriate) all the Protected Material

23

that was returned or destroyed and (2) affirms that the Receiving Party has not

24

retained any copies, abstracts, compilations, summaries or any other format

25

reproducing or capturing any of the Protected Material. Notwithstanding this

26

provision, Counsel are entitled to retain an archival copy of all pleadings, motion

27

papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

28
13
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1

deposition and trial exhibits, expert reports, attorney work product, and consultant and

2

expert work product, even if such materials contain Protected Material. Any such

3

archival copies that contain or constitute Protected Material remain subject to this

4

Protective Order as set forth in Section 5 (DURATION).

5
6
7

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATE: November 14, 2017

BLANK ROME LLP

8

By:/s/ Caroline P. Donelan
Howard M. Knee
Caroline P. Donelan
Attorneys for Defendant
FREEDOM MORTGAGE CORPORATION

9
10
11
12
13

DATE: November 14, 2017

JUSTICE LAW CORPORATION

14
15

By:/s/ Douglas Han
Douglas Han
Shunt Tatavos-Gharajeh
Daniel J. Park
Attorneys for Plaintiff
BELEN TORREZ

16
17
18
19
20
21

SIGNATURE ATTESTATION

22
23
24
25

I hereby certify that authorization for the filing of this document has been
obtained from each of the other signatories shown above and that all signatories have
authorized placement of their electronic signature on this document.

26
27

/s/ Caroline P. Donelan

28

14
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

1
2
3

PURSUANT TO STIPULATION, IT IS SO ORDERED.

4
5
6

DATED: November 14, 2017

____________________________________
Hon. Kenly Kiya Kato
United States Magistrate Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

15
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1

EXHIBIT A

1
2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of

4

_________________ [print or type full address], declare under penalty of perjury that

5

I have read in its entirety and understand the Stipulated Protective Order that was

6

issued by the United States District Court for the Southern District of California on

7

[date] in the case of Belen Torrez v. Freedom Mortgage Corporation, Case No. 5:17-

8

cv-00867-JGB-KK. I agree to comply with and to be bound by all the terms of this

9

Stipulated Protective Order and I understand and acknowledge that failure to so

10

comply could expose me to sanctions and punishment in the nature of contempt. I

11

solemnly promise that I will not disclose in any manner any information or item that

12

is subject to this Stipulated Protective Order to any person or entity except in strict

13

compliance with the provisions of this Order.

14

I further agree to submit to the jurisdiction of the United States District Court

15

for the Southern District of California for the purpose of enforcing the terms of this

16

Stipulated Protective Order, even if such enforcement proceedings occur after

17

termination of this action.

18

I hereby appoint __________________________ [print or type full name] of

19

_______________________________________ [print or type full address and

20

telephone number] as my California agent for service of process in connection with

21

this action or any proceedings related to enforcement of this Stipulated Protective

22

Order.

23
24

Date: ______________________________________

25

City and State where sworn and signed: _________________________________

26

Printed name: _______________________________

27

Signature: __________________________________

28
16
FURTHER REVISED JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

103718.00203/106320805v.1