Nathan Thew v. JPMorgan Chase Bank, N.A.

Filing 26

PROTECTIVE ORDER by Magistrate Judge Sheri Pym. [NOTE CHANGES MADE BY THE COURT TO 7.3] (SEE ORDER FOR DETAILS). (kca)

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1 2 3 4 5 6 7 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) SHANNON E. DUDIC (State Bar No. 261135) HOLLY A. FARLESS (State Bar No. 312818) 2029 Century Park East Los Angeles, CA 90067-3086 Telephone: 310.556.5800 Facsimile: 310.556.5959 Email: lacalendar@stroock.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A. 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 NATHAN THEW, individually and ) on behalf of others similarly ) situated, ) ) Plaintiff, ) ) vs. ) ) JP MORGAN CHASE BANK, ) N.A., ) ) Defendant. ) Case No. 5:17-cv-01340-JAK (SPx) [Assigned to Hon. Sheri Pym] STIPULATED PROTECTIVE ORDER [NOTE CHANGES MADE BY THE COURT TO ¶ 7.3] 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 In anticipation of discovery that may reach confidential and proprietary 2 business information, plaintiff Nathan Thew and defendant JPMorgan Chase Bank, 3 N.A., hereby stipulate as follows: 4 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production 5 6 of confidential, proprietary, or private information for which special protection from 7 public disclosure and from use for any purpose other than prosecuting this litigation 8 may be warranted. Accordingly, the parties hereby stipulate to and petition the court 9 to enter the following Stipulated Protective Order. The parties acknowledge that this 10 Order does not confer blanket protections on all disclosures or responses to discovery 11 and that the protection it affords from public disclosure and use extends only to the 12 limited information or items that are entitled to confidential treatment under the 13 applicable legal principles. The parties further acknowledge, as set forth in Section 14 12.3, below, that this Stipulated Protective Order does not entitle them to file 15 confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 16 that must be followed and the standards that will be applied when a party seeks 17 permission from the court to file material under seal. 18 2. 19 GOOD CAUSE STATEMENT This action is likely to involve trade secrets and other valuable research, 20 development, commercial, financial, technical and/or proprietary information for 21 which special protection from public disclosure and from use for any purpose other 22 than prosecution of this action is warranted. Such confidential and proprietary 23 materials and information consist of, among other things, confidential business or 24 financial information, information regarding confidential business practices, or other 25 confidential research, development, or commercial information (including 26 information implicating privacy rights of third parties), information otherwise 27 generally unavailable to the public, or which may be privileged or otherwise 28 protected from disclosure under state or federal statutes, court rules, case decisions, -1STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 or common law. Accordingly, to expedite the flow of information, to facilitate the 2 prompt resolution of disputes over confidentiality of discovery materials, to 3 adequately protect information the parties are entitled to keep confidential, to ensure 4 that the parties are permitted reasonable necessary uses of such material in 5 preparation for and in the conduct of trial, to address their handling at the end of the 6 litigation, and serve the ends of justice, a protective order for such information is 7 justified in this matter. It is the intent of the parties that information will not be 8 designated as confidential for tactical reasons and that nothing be so designated 9 without a good faith belief that it has been maintained in a confidential, non-public 10 manner, and there is good cause why it should not be part of the public record of this 11 case. 12 3. 13 14 15 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 16 how it is generated, stored or maintained) or tangible things that qualify for 17 protection under Federal Rule of Civil Procedure 26(c). 18 19 20 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 21 items that it produces in disclosures or in responses to discovery as 22 “CONFIDENTIAL.” 23 3.5 Disclosure or Discovery Material: all items or information, regardless 24 of the medium or manner in which it is generated, stored, or maintained (including, 25 among other things, testimony, transcripts, and tangible things), that are produced or 26 generated in disclosures or responses to discovery in this matter. 27 28 -2STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 3.6 1 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this action. 3.7 4 In-House Counsel: attorneys who are employees of a party to this 5 action. In-House Counsel does not include Outside Counsel of Record or any other 6 outside counsel. 7 3.8 8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 3.9 9 Outside Counsel of Record: attorneys who are not employees of a party 10 to this action but are retained to represent or advise a party to this action and have 11 appeared in this action on behalf of that party or are affiliated with a law firm which 12 has appeared on behalf of that party. 3.10 Party: any party to this action, including all of its officers, directors, 13 14 employees, consultants, retained experts, and Outside Counsel of Record (and their 15 support staffs). 3.11 Producing Party: a Party or Non-Party that produces Disclosure or 16 17 Discovery Material in this action. 3.12 Professional Vendors: persons or entities that provide litigation support 18 19 services (e.g., photocopying, videotaping, translating, preparing exhibits or 20 demonstrations, and organizing, storing, or retrieving data in any form or medium) 21 and their employees and subcontractors. 3.13 Protected Material: any Disclosure or Discovery Material that is 22 23 designated as “CONFIDENTIAL.” 3.14 Receiving Party: a Party that receives Disclosure or Discovery Material 24 25 from a Producing Party. 26 4. SCOPE 27 The protections conferred by this Stipulation and Order cover not only 28 Protected Material (as defined above), but also (1) any information copied or -3STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 extracted from Protected Material; (2) all copies, excerpts, summaries, or 2 compilations of Protected Material; and (3) any testimony, conversations, or 3 presentations by Parties or their Counsel that might reveal Protected Material. 4 However, the protections conferred by this Stipulation and Order do not cover the 5 following information: (a) any information that is in the public domain at the time of 6 disclosure to a Receiving Party or becomes part of the public domain after its 7 disclosure to a Receiving Party as a result of publication not involving a violation of 8 this Order, including becoming part of the public record through trial or otherwise; 9 and (b) any information known to the Receiving Party prior to the disclosure or 10 obtained by the Receiving Party after the disclosure from a source who obtained the 11 information lawfully and under no obligation of confidentiality to the Designating 12 Party. Any use of Protected Material at trial shall be governed by a separate 13 agreement or order. 14 5. DURATION Even after final disposition of this litigation, the confidentiality obligations 15 16 imposed by this Order shall remain in effect until a Designating Party agrees 17 otherwise in writing or a court order otherwise directs. Final disposition shall be 18 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 19 or without prejudice; and (2) final judgment herein after the completion and 20 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 21 including the time limits for filing any motions or applications for extension of time 22 pursuant to applicable law. 23 6. 24 DESIGNATING PROTECTED MATERIAL 6.1 Exercise of Restraint and Care in Designating Material for Protection. 25 Each Party or Non-Party that designates information or items for protection under 26 this Order must take care to limit any such designation to specific material that 27 qualifies under the appropriate standards. The Designating Party must designate for 28 protection only those parts of material, documents, items, or oral or written -4STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 communications that qualify – so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept 3 unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized 4 designations are prohibited. Designations that are shown to be clearly unjustified or 5 that have been made for an improper purpose (e.g., to unnecessarily encumber or 6 retard the case development process or to impose unnecessary expenses and burdens 7 on other parties) expose the Designating 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 5.2(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 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 17 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 21 a 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 26 and before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 28 documents it wants copied and produced, the Producing Party must determine which -5STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 documents, or portions thereof, qualify for protection under this Order. Then, before 2 producing the specified documents, the Producing Party must affix the 3 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 4 portion or portions of the material on a page qualifies for protection, the Producing 5 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 6 markings in the margins). (b) for testimony given in deposition or in other pretrial or trial 7 8 proceedings, that the Designating Party identify on the record, before the close of the 9 deposition, hearing, or other proceeding, all protected testimony. (c) for information produced in some form other than documentary and 10 11 for any other tangible items, that the Producing Party affix in a prominent place on 12 the exterior of the container or containers in which the information or item is stored 13 the legend “CONFIDENTIAL.” If only a portion or portions of the information or 14 item warrant protection, the Producing Party, to the extent practicable, shall identify 15 the protected portion(s). 6.3 16 Inadvertent Failures to Designate. If timely corrected, an inadvertent 17 failure to designate qualified information or items does not, standing alone, waive the 18 Designating Party’s right to secure protection under this Order for such material. 19 Upon timely correction of a designation, the Receiving Party must make reasonable 20 efforts to assure that the material is treated in accordance with the provisions of this 21 Order. 22 7. 23 CHALLENGING CONFIDENTIALITY DESIGNATIONS 7.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 designation of confidentiality at any time. Unless a prompt challenge to a 25 Designating Party’s confidentiality designation is necessary to avoid foreseeable, 26 substantial unfairness, unnecessary economic burdens, or a significant disruption or 27 delay of the litigation, a Party does not waive its right to challenge a confidentiality 28 -6STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 designation by electing not to mount a challenge promptly after the original 2 designation is disclosed. 3 7.2 Meet and Confer. The Challenging Party shall initiate the dispute 4 resolution process by providing written notice of each designation it is challenging 5 and describing the basis for each challenge. To avoid ambiguity as to whether a 6 challenge has been made, the written notice must recite that the challenge to 7 confidentiality is being made in accordance with this specific paragraph of the 8 Protective Order. The parties shall attempt to resolve each challenge in good faith 9 and must begin the process by conferring directly (in voice to voice dialogue; other 10 forms of communication are not sufficient) within 14 days of the date of service of 11 notice. In conferring, the Challenging Party must explain the basis for its belief that 12 the confidentiality designation was not proper and must give the Designating Party 13 an opportunity to review the designated material, to reconsider the circumstances, 14 and, if no change in designation is offered, to explain the basis for the chosen 15 designation. A Challenging Party may proceed to the next stage of the challenge 16 process only if it has engaged in this meet and confer process first or establishes that 17 the Designating Party is unwilling to participate in the meet and confer process in a 18 timely manner. 19 7.3 Judicial Intervention. If the Parties cannot resolve a challenge without 20 court intervention, the Designating Party shall file and serve a motion to retain 21 confidentiality under Civil Local Rule 37 (and in compliance with Civil Local Rule 22 79-5, if applicable) within 21 days of the initial notice of challenge or within 14 days 23 of the parties agreeing that the meet and confer process will not resolve their dispute, 24 whichever is earlier. Each such motion must be accompanied by a competent 25 declaration affirming that the movant has complied with the meet and confer 26 requirements imposed in the preceding paragraph. Failure by the Designating Party 27 to make such a motion including the required declaration within 21 days (or 14 days, 28 if applicable), unless otherwise agreed or ordered, shall automatically waive the -7STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 confidentiality designation for each challenged designation. In addition, the 2 Challenging Party may file a motion challenging a confidentiality designation at any 3 time if there is good cause for doing so, including a challenge to the designation of a 4 deposition transcript or any portions thereof. Any motion brought pursuant to this 5 provision must be accompanied by a competent declaration affirming that the movant 6 has complied with the meet and confer requirements imposed by the preceding 7 paragraph. The burden of persuasion in any such challenge proceeding shall be on the 8 9 Designating Party. Frivolous challenges, and those made for an improper purpose 10 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 11 expose the Challenging Party to sanctions. Unless the Designating Party has waived 12 the confidentiality designation by failing to file a motion to retain confidentiality as 13 described above, all parties shall continue to afford the material in question the level 14 of protection to which it is entitled under the Producing Party’s designation until the 15 court rules on the challenge. 16 8. 17 ACCESS TO AND USE OF PROTECTED MATERIAL 8.1 Basic Principles. A Receiving Party may use Protected Material that is 18 disclosed or produced by another Party or by a Non-Party in connection with this 19 case only for prosecuting, defending, or attempting to settle this litigation. Such 20 Protected Material may be disclosed only to the categories of persons and under the 21 conditions described in this Order. When the litigation has been terminated, a 22 Receiving Party must comply with the provisions of section 13 below (FINAL 23 DISPOSITION). 24 Protected Material must be stored and maintained by a Receiving Party at a 25 location and in a secure manner that ensures that access is limited to the persons 26 authorized under this Order. 27 28 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a -8STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as 3 4 well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this litigation and who have signed the 6 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; 7 (b) the officers, directors, and employees (including In-House Counsel) 8 of the Receiving Party to whom disclosure is reasonably necessary for this litigation 9 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 10 A); (c) Experts (as defined in this Order) of the Receiving Party to whom 11 12 disclosure is reasonably necessary for this litigation and who have signed the 13 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff, professional jury or trial consultants, 16 mock jurors, and Professional Vendors to whom disclosure is reasonably necessary 17 for this litigation and who have signed the “Acknowledgment and Agreement to Be 18 Bound” (Exhibit A); 19 (f) during their depositions, witnesses in the action to whom disclosure 20 is reasonably necessary and who have signed the “Acknowledgment and Agreement 21 to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 22 ordered by the court. Pages of transcribed deposition testimony or exhibits to 23 depositions that reveal Protected Material must be separately bound by the court 24 reporter and may not be disclosed to anyone except as permitted under this Stipulated 25 Protective Order. (g) the author or recipient of a document containing the information or 26 27 a custodian or other person who otherwise possessed or knew the information. 28 -9STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 2 OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this action as 5 “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification 6 7 shall include a copy of the subpoena or court order; 8 (b) promptly notify in writing the party who caused the subpoena or 9 order to issue in the other litigation that some or all of the material covered by the 10 subpoena or order is subject to this Protective Order. Such notification shall include a 11 copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be 12 13 pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 14 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material – and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this action to 21 disobey a lawful directive from another court. 22 10. 23 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 a 24 25 Non-Party in this action and designated as “CONFIDENTIAL.” Such information 26 produced by Non-Parties in connection with this litigation is protected by the 27 remedies and relief provided by this Order. Nothing in these provisions should be 28 construed as prohibiting a Non-Party from seeking additional protections. - 10 STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 (b) In the event that a Party is required, by a valid discovery request, to 1 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: 5 (1) promptly notify in writing the Requesting Party and the Non- 6 Party that some or all of the information requested is subject to a confidentiality 7 agreement with a Non-Party; 8 (2) promptly provide the Non-Party with a copy of the Stipulated 9 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 10 specific description of the information requested; and (3) make the information requested available for inspection by 11 12 the Non-Party. (c) If the Non-Party fails to object or seek a protective order from this 13 14 court within 14 days of receiving the notice and accompanying information, the 15 Receiving Party may produce the Non-Party’s confidential information responsive to 16 the discovery request. If the Non-Party timely seeks a protective order, the 17 Receiving Party shall not produce any information in its possession or control that is 18 subject to the confidentiality agreement with the Non-Party before a determination 19 by the court. Absent a court order to the contrary, the Non-Party shall bear the 20 burden and expense of seeking protection in this court of its Protected Material. 21 11. 22 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 23 Protected Material to any person or in any circumstance not authorized under this 24 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 25 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 26 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 27 persons to whom unauthorized disclosures were made of all the terms of this Order, 28 - 11 STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 and (d) request such person or persons to execute the “Acknowledgment and 2 Agreement to Be Bound” that is attached hereto as Exhibit A. 3 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 4 PROTECTED MATERIAL 5 When a Producing Party gives notice to Receiving Parties that certain 6 inadvertently produced material is subject to a claim of privilege or other protection, 7 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 8 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 9 may be established in an e-discovery order that provides for production without prior 10 privilege review. 11 13. 12 13 14 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 15 Protective Order no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in this 17 Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 ground to use in evidence of any of the material covered by this Protective Order. 19 13.3 Filing Protected Material. Without written permission from the 20 Designating Party or a court order secured after appropriate notice to all interested 21 persons, a Party may not file in the public record in this action any Protected 22 Material. A Party that seeks to file under seal any Protected Material must comply 23 with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant 24 to a court order authorizing the sealing of the specific Protected Material at issue. 25 Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request 26 establishing that the Protected Material at issue is privileged, protectable as a trade 27 secret, or otherwise entitled to protection under the law. If a Receiving Party’s 28 request to file Protected Material under seal pursuant to Civil Local Rule 79-5 is - 12 STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 denied by the court, then the Receiving Party may file the information in the public 2 record pursuant to Civil Local Rule 79-5 unless otherwise instructed by the court. 3 14. FINAL DISPOSITION 4 Within 60 days after the final disposition of this action, as defined in 5 paragraph 4, each Receiving Party must return all Protected Material to the 6 Producing Party or destroy such material. As used in this subdivision, “all Protected 7 Material” includes all copies, abstracts, compilations, summaries, and any other 8 format reproducing or capturing any of the Protected Material. Whether the 9 Protected Material is returned or destroyed, the Receiving Party must submit a 10 written certification to the Producing Party (and, if not the same person or entity, to 11 the Designating Party) by the 60 day deadline that (1) identifies (by category, where 12 appropriate) all the Protected Material that was returned or destroyed and (2) affirms 13 that the Receiving Party has not retained any copies, abstracts, compilations, 14 summaries or any other format reproducing or capturing any of the Protected 15 Material. Notwithstanding this provision, Counsel are entitled to retain an archival 16 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney 18 work product, and consultant and expert work product, even if such materials contain 19 Protected Material. Any such archival copies that contain or constitute Protected 20 Material remain subject to this Protective Order as set forth in Section 4 21 (DURATION). 22 23 IT IS SO STIPULATED. Dated: December 1, 2017 24 25 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND SHANNON E. DUDIC HOLLY A. FARLESS By: /s/ Shannon E. Dudic Shannon E. Dudic 26 Attorneys for Defendant JPMorgan Chase Bank, N.A. 27 28 - 13 STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 2 Dated: December 1, 2017 3 4 HYDE & SWIGART JOSHUA B. SWIGART YANA A. HART LAW OFFICE OF DANIEL G. SHAY DANIEL G. SHAY 5 KAZEROUNI LAW GROUP, APC ABBAS KAZEROUNIAN JASON A IBEY 6 7 8 By: 9 /s/ Jason A. Ibey Jason A. Ibey Attorneys for Plaintiff Nathan Thew 10 11 12 13 IT IS SO ORDERED. Dated: December 5, 2017 Hon. Sheri Pym United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 14 - STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 1 EXHIBIT A 2 AGREEMENT TO BE BOUND I, ______________________________ [print or type full name], of 3 4 ___________________________________ [print or type full address], declare under 5 penalty of perjury that I have read in its entirety and understand the Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on _________________________ [date] in the case of Nathan Thew v. 8 JPMorgan Chase Bank, N.A., Case No. 5:17-cv-01340-JAK (SPx). I agree to 9 comply with and to be bound by all the terms of this Protective Order, and I 10 understand and acknowledge that failure to so comply could expose me to sanctions 11 and punishment for contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Protective Order to any person 13 or entity except in strict compliance with this Order. 14 I further agree to submit to the jurisdiction of the United States District Court 15 for the Central District of California for the purpose of enforcing this Order, even if 16 such enforcement proceedings occur after termination of this action. I hereby appoint ____________________ [print or type full name] of 17 18 ________________________________________ [print or type full address and 19 telephone number] as my California agent for service of process in connection with 20 this action or any proceedings related to enforcement of this Order. 21 Date: 22 City and State where sworn and signed: 23 Printed name: 24 Signature: 25 [printed name] [signature] 26 27 28 -1STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 ECF CERTIFICATION 1 2 Pursuant to L.R. 5-4.3.4(a)(2), I hereby certify that the content of this 3 document is acceptable to Jason A. Ibey, counsel for Plaintiff, and that I have 4 obtained Mr. Ibey’s authorization to affix his electronic signature to this document. 5 6 /s/ Shannon E. Dudic Shannon E. Dudic 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356 CERTIFICATE OF SERVICE 1 2 I hereby certify that on December 1, 2017, a copy of the foregoing 3 STIPULATED PROTECTIVE ORDER was filed electronically and served by 4 mail on anyone unable to accept electronic filing. Notice of this filing will be sent by 5 e-mail to all parties by operation of the court’s electronic filing system or by mail to 6 anyone unable to accept electronic filing as indicated on the Notice of Electronic 7 Filing. Parties may access this filing through the court’s CM/ECF System. 8 /s/ Shannon E. Dudic Shannon E. Dudic 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- STIPULATED PROTECTIVE ORDER Case No. 5:17-cv-01340-JAK (SPx) LA 52110356

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