Liset Viamontes v. Advance America, Cash Advance Centers, Inc. et al

Filing 23

PROTECTIVE ORDER by Magistrate Judge Shashi H. Kewalramani re Stipulation for Protective Order 22 . (see document for details) (hr)

1
2
3
4
5
6

HARDY RAY MURPHY, CA Bar No. 187149
[e-mail]
JERALD L. MONSON, CA Bar No. 287419
[e-mail]
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: 213-239-9045

Attorneys for Defendant
ADVANCE AMERICA, CASH
ADVANCE CENTERS OF
8 CALIFORNIA, LLC
7

9

UNITED STATES DISTRICT COURT

10
11
12
13

CENTRAL DISTRICT OF CALIFORNIA
LISET VIAMONTES, an individual,
and on behalf of others similarly
situated,

Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

Plaintiff,

[Filed concurrently with [Proposed] Order
on Stipulated Protective Order]

ADVANCE AMERICA, CASH
ADVANCE CENTERS, INC., a
17 Delaware corporation; ADVANCE
AMERICA, CASH ADVANCE
18 CENTERS OF CALIFORNIA, LLC, a
Delaware corporation; and DOES 1
19 through 50, inclusive,

Complaint Filed: September 25, 2019
Trial Date:
October 26, 2021
District Judge: Hon. Jesus G. Bernal
Courtroom 1, Riverside
Magistrate Judge: Hon. Shashi H.
Kewalramani
Courtroom 3 or 4,
Riverside

14
15

v.

16

20

Defendants.

21
22
23
24
25
26
27
28
Stipulated
Protective.docx

Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

STIPULATION

2

Plaintiff, LISET VIAMONTES (“Plaintiff”) and defendants, ADVANCE

3

AMERICA and CASH ADVANCE CENTERS OF CALIFORNIA, LLC

4

(“Defendants”) by and through their counsel of record, hereby stipulate and agree to

5

the entry of a Protective Order in order to facilitate the exchange of information and

6

documents which may be subject to confidentiality limitations on disclosure due to

7

federal laws, state laws, and privacy rights, as follows:

8

1.

9

A. PURPOSES AND LIMITATIONS
The grounds for this Protective Order are that discovery in this action involves

10

the disclosure of potentially confidential, proprietary, or private information for

11

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

12

than prosecuting this litigation would be warranted. Accordingly, the Parties hereby

13

stipulate to and petition to Court to enter the following Stipulated Protective Order.

14

The Parties acknowledge that this Order does not confer blanket protections on all

15

disclosures or responses to discovery and that the protection it affords from public

16

disclosure and use extends only to the limited information or items that are entitled

17

to confidential treatment under the applicable legal principles. The Parties further

18

acknowledge that this Stipulated Protective Order does not entitle them to file

19

confidential information under seal. United States District Court, Central District of

20

California, Local Rule 79-5 sets forth the procedures that must be followed and the

21

standards that will be applied when a party seeks permission from the Court to file

22

material under seal.

23

B. GOOD CAUSE STATEMENT

24

The information that may be produced in this action and may be designated

25
26

manuals, handbooks, and policies; (2) proprietary and confidential operations

27

information, including management training materials; (3) internal business

28
Stipulated
Protective.docx

under this Protective Order includes, but is not limited to: (1) proprietary procedures,

information; (4) medical records and private financial information of Plaintiff;
1
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

(5) private information belonging to third parties, including, but not limited to, past

2

and present employees of Defendants; (6) proprietary compensation information,

3

including employee benefits offerings; and (7) other similar proprietary, confidential,

4

or private information.
This Protective Order is needed to ensure fair and efficient completion of

5
6

discovery while protecting the parties’ and third parties’ rights in such confidential,

7

sensitive information and minimizing judicial intervention in the discovery process.

8

Prejudice or harm to a party or third party may result if no protective order is

9

granted. Defendants contend business competitors of Defendants could obtain an

10

unfair advantage, Defendants could be economically prejudiced, and the privacy

11

rights of Defendants’ past and present employees could be violated if any of the

12

confidential information identified above is published for purposes outside those

13

permitted in this Protective Order. Nothing in this Agreement shall be construed as a

14

stipulation that any particular documents are confidential or covered by privacy

15

rights, only that Plaintiff and Defendants (collectively, the “Parties”) recognize that

16

each party may assert such rights and, accordingly, agree to abide by the procedures

17

set forth herein. The entry of this Stipulation and Protective Order does not alter,

18

waive, modify, or abridge any right, privilege or protection otherwise available to

19

any Party with respect to the discovery of matters, including but not limited to any

20

Party’s right to assert the attorney-client privilege, the attorney work product

21

doctrine, or other privileges, or any Party’s right to contest any such assertion.

22

2.

23

DEFINITIONS
2.1

Party: any party to this action, including all of his/its attorneys, officers,

24

directors, employees, consultants, retained experts, and outside counsel (and their

25

support staff).

26
27

2.2

Disclosure Or Discovery Material: all items or information, regardless

of the medium or manner generated, stored, or maintained (including, among other

28
Stipulated
Protective.docx

2
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

things, testimony, transcripts, or tangible things) that are produced or generated in

2

disclosures or responses to discovery in this matter.

3
4
5

2.3

Testimony: all depositions, declarations or other testimony taken or

used in this matter.
2.4

Confidential: any information which is in the possession of a

6

Designating Party who believes in good faith that such information is entitled to

7

confidential treatment under applicable law.

8
9
10
11
12
13
14
15
16

2.5

Protected Material: any Disclosure or Discovery Material or Testimony

that is designated as “Confidential.”
2.6

Receiving Party: a Party that receives Disclosure or Discovery Material

from a Producing Party.
2.7

Producing Party: a Party or non-party that produces Disclosure or

Discovery Material in this action.
2.8

Designating Party: a Party or non-party that designates Disclosure or

Discovery Material or Testimony as “Confidential.”
2.9

Counsel: Outside Counsel and House Counsel (as well as their support

17

staffs), with House Counsel defined as attorneys who are and/or were employees of a

18

Party, and Outside Counsel defined as attorneys who are not employees of a Party

19

but who are retained to represent or advise a Party in this action.

20

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

21

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

22

an expert witness or as a consultant in this action and who is not a past or a current

23

employee of a Party or of a competitor of a Party and who, at the time of retention, is

24

not anticipated to become an employee of a Party or a competitor of a Party, whether

25

or not retained to testify at any oral hearing. This definition includes, but is not

26

limited to, a professional jury or trial consultant retained in connection with this

27

litigation.

28
Stipulated
Protective.docx

3
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

2.11 Professional Vendors: persons or entities that provide litigation support

1
2

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

3

demonstrations; organizing, storing, or retrieving data in any form or medium; etc.)

4

and their employees and subcontractors.

5

3.

SCOPE
The protections conferred by this Protective Order cover not only Protected

6
7

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

8

as well as all copies, excerpts, summaries, or compilations thereof, plus testimony,

9

conversations, or presentations by parties or counsel to or in court or in other settings

10

that might reveal Protected Material.

11

4.

DURATION

12

Even after the termination of this litigation, the confidentiality obligations

13

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

14

agrees otherwise in writing or a Court order otherwise directs.

15

5.

16

DESIGNATING PROTECTED MATERIAL
5.1

Exercise Of Restraint And Care In Designating Material For Protection.

17

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

18

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

19

qualifies under the appropriate standards. A Designating Party must take care to

20

designate for protection only those parts of materials, documents, items, or oral or

21

written communications that qualify – so that other portions of the materials,

22

documents, items, or communications for which protection is not warranted are not

23

swept unjustifiably within the ambit of this Protective Order. Mass, indiscriminate,

24

or routine designations are prohibited.

25

If it comes to a Party’s or a non-party’s attention that information or items that

26

it designated for protection do not qualify for protection, that Party or non-party must

27

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

28
Stipulated
Protective.docx

4
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

5.2

Manner And Timing Of Designations. Except as otherwise provided in

2

this Protective Order (e.g., second paragraph of Section 5.2(a), below), or as

3

otherwise stipulated or ordered, material that qualifies for protection under this

4

Protective Order must be clearly designated before the material is disclosed or

5

produced.

6

Designation in conformity with this Protective Order requires:

7

(a)

For Information In Documentary Form (Apart From Transcripts Of

8

Depositions Or Other Pretrial Or Trial Proceedings): that the Designating Party affix

9

the legend “CONFIDENTIAL” on each page that contains designated Confidential

10
11

Disclosure or Discovery Material or Testimony.
(b)

For Testimony Given In Deposition Or In Other Pretrial Or Trial

12

Proceedings: that the Designating Party either: (i) identify on the record, before the

13

close of deposition, hearing or other proceeding, all Confidential Disclosure or

14

Discovery Material or Testimony, by specifying portions of the Testimony that

15

qualify as “Confidential;” or (ii) designate the entirety of the Testimony at the

16

deposition as “Confidential” (before the deposition is concluded) with the right to

17

identify more specific portions of the Testimony as to which protection is sought

18

within 30 days following receipt of the deposition transcript. In circumstances where

19

portions of the Testimony are designated for protection, the transcript pages

20

containing Confidential Disclosure or Discovery Material or Testimony must be

21

separately bound by the court reporter, who must affix to the top of each page the

22

legend “Confidential,” as instructed by the Designating Party.

23

(c)

For Information Produced In Some Form Other Than Documentary,

24
25

place on the exterior of the container or containers in which the information or item

26

is stored the legend “CONFIDENTIAL.” If only portions of the information or item

27

warrant protection, the Designating Party, to the extent practicable, shall identify the

28
Stipulated
Protective.docx

And For Any Other Tangible Items: that the Designating Party affix in a prominent

protected portions.
5
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

(d)

For Information In Documentary Form That Was Produced On Or

2

Before The Date Upon Which This Protective Order Was Entered Into: that each

3

Party shall have thirty (30) days from the date of execution of this Protective Order

4

to designate documents as “CONFIDENTIAL” by affixing the legend

5

“CONFIDENTIAL” on each page that contains protected material.

6

5.3

Inadvertent Failures To Designate. The inadvertent production by any

7

of the undersigned Parties or non-Parties to the Proceedings of any Disclosure or

8

Discovery Material or Testimony in this Proceeding without a “Confidential”

9

designation, shall be without prejudice to any claim that such item is “Confidential”

10
11

production. In the event that any Disclosure or Discovery Material or Testimony that

12

is subject to a “Confidential” designation is inadvertently not designated as

13

“Confidential”, the Party that inadvertently did not designate the Disclosure or

14

Discovery Material or Testimony as “Confidential” shall give written notice of such

15

within twenty (20) days of discovery of such, together with a further copy of the

16

subject Disclosure or Discovery Material or Testimony designated as “Confidential”

17

(the “Inadvertent Production Notice”). Upon receipt of such Inadvertent Production

18

Notice, the Receiving Party(ies) shall promptly destroy the inadvertently produced

19

Disclosure or Discovery Material or Testimony and all copies thereof, or, at the

20

expense of the producing Party, return such together with all copies of such

21

Disclosure or Discovery Material or Testimony to counsel for the producing Party

22

and shall retain only the “Confidential” designated Disclosure or Discovery Material

23

or Testimony. Should the receiving Party(ies) choose to destroy such inadvertently

24

produced Disclosure or Discovery Material or Testimony, the receiving Party(ies)

25

shall notify the producing Party in writing of such destruction within ten (10) days of

26

receipt of written notice of the inadvertent production. This provision is not intended

27

to apply to any inadvertent production of any Disclosure or Discovery Material or

28
Stipulated
Protective.docx

and such Party shall not be held to have waived any rights by such inadvertent

Testimony protected by attorney-client or work product privileges. In the event that
6
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

this provision conflicts with any applicable law regarding waiver of confidentiality

2

through the inadvertent production of Disclosure or Discovery Material or

3

Testimony, such law shall govern.

4

6.

5

CHALLENGING CONFIDENTIALITY DESIGNATION
6.1

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

6

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

7

Scheduling Order.

8
9

6.2

Meet and Confer. In the event that any Party objects to the designation

of any Disclosure or Discovery Material or Testimony as “Confidential”, said Party

10

shall advise the Designating Party, in writing, of such objections, the specific

11

Disclosure or Discovery Material or Testimony to which each objection pertains, and

12

the specific reasons and support for such objections (the “Designation Objections”).

13

The Designating Party shall have thirty (30) days (or longer if agreed upon by the

14

Parties in writing) from receipt of the written Designation Objections to either (a)

15

agree in writing to de-designate Disclosure or Discovery Material or Testimony

16

pursuant to any or all of the Designation Objections, or (b) respond in writing with

17

the justification for maintaining the designation (the “Response”).

18

If the Parties are still unable to resolve the issue following the Response, the

19

Designating Party shall have thirty (30) days from the Response date to file a motion

20

(either regularly noticed or ex parte if warranted) with the Court seeking to uphold

21

any or all designations on Disclosure or Discovery Material or Testimony addressed

22

by the Designation Objections (the “Designation Motion”). The Designating Party

23

shall have the burden on any Designation Motion of establishing the applicability of

24

its “Confidential” designation. In the event that the Designation Objections are not

25

timely addressed, then such Disclosure or Discovery Material or Testimony shall be

26

de-designated in accordance with the Designation Objections applicable to such

27

material.

28
Stipulated
Protective.docx

7
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

6.3

1

Burden of Persuasion. The burden on persuasion in any challenge shall

2

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

3

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

4

Parties) may expose the challenger to sanctions.
Any Designation Motion shall file under seal the challenged Disclosure or

5
6

Discovery Material or Testimony. Pending a resolution of the Designation Motion

7

by the Court, any and all existing designations on the Disclosure or Discovery

8

Material or Testimony at issue in such Designation Motion shall remain in place.

9

7.

10

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

11

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

12

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

13

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

14

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

15

Receiving Party must comply with the provisions of Section 12, below.

16

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

17

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

18

authorized under this Protective Order.

19

7.2

Disclosure Of Protected Material. Unless otherwise ordered by the

20

court or permitted in writing by the Designating Party, a Receiving Party may

21

disclose Protected Material only to:

22

(a)

any named party to this litigation, including his or its/their counsel and

23

any present employee, officer, or director of Defendants or its/their agents to whom

24

it is reasonably necessary that the designated material be shown for purposes of this

25

litigation and who have reviewed and agreed to be bound by this Protective Order;

26

(b)

experts (as defined in this Protective Order) to whom disclosure is

27
28
Stipulated
Protective.docx

reasonably necessary for this litigation and who have signed the “Acknowledgment
and Agreement to Be Bound” (Exhibit A);
8
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

(c)

the Court, its personnel, and trial jurors;

2

(d)

court reporters, their staffs, and professional vendors to whom

3

disclosure is reasonably necessary for this litigation and who have reviewed and

4

agreed to be bound by this Protective Order;
(e)

5

any former employee, officer, or director of any named party to this

6

litigation, including any former employee, officer, or director of Defendants or its

7

agents to whom disclosure is reasonably necessary and who have signed the

8

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

9

(f)

the author of the Protected Material; and

10

(g)

any other person agreed to in writing by the Parties (and the

11

Designating Party if not a Party) to whom disclosure is reasonably necessary and

12

who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A).

13

(i)

any mediator or settlement officer and their supporting personnel.

14

The Parties recognize that discovery is continuing and additional persons to

15

whom disclosure of Protected Material is reasonably necessary for purposes of this

16

litigation may be discovered. The Parties agree to meet and confer with one another

17

(and the Designating Party if not a Party) in the event that any Party wishes to add a

18

person or persons to whom Protected Material may be disclosed. In the event the

19

Parties are unable to agree, the Party seeking disclosure of Protected Material to

20

additional person(s) may bring a motion (or an ex parte application (if good cause

21

exists)) requiring that the Court amend the Protective Order or otherwise allow

22

disclosure of Protected Material to said person(s).

23

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

24
25

If a Receiving Party is served with a subpoena or an order issued in other

26

litigation that would compel disclosure of any Protected Material, the Receiving

27

Party must so notify the Designating Party, in writing (by email, if possible)

28
Stipulated
Protective.docx

PRODUCED IN OTHER LITIGATION

immediately and in no event more than three (3) court days after receiving the
9
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

subpoena or order. Such notification must include a copy of the subpoena or court

2

order.
The Receiving Party also must immediately inform, in writing, the party who

3
4

caused the subpoena or order to issue in the other litigation that some or all the

5

material covered by the subpoena or order is the subject of this Protective Order. In

6

addition, the Receiving Party must deliver a copy of this Protective Order promptly

7

to the party in the other action that caused the subpoena or order to issue. In addition,

8

the Receiving Party may not produce any Protected Material until fifteen (15)

9

calendar days after the Receiving Party has given written notice to the Designating

10

Party, and only if the Designating Party has taken no steps to protect the Protected

11

Material from further disclosure.
If the Designating Party timely seeks a protective order, the Party served with

12
13

the subpoena or court order shall not produce any Protected Material before a

14

determination by the court from with the subpoena or order issued, unless the Party

15

has obtained the Designating Party’s permission.
The purpose of imposing these duties is to alert the interested parties to the

16
17

existence of this Protective Order and to afford the Designating Party in this case an

18

opportunity to try to protect its confidentiality interests in the court from which the

19

subpoena or order issued. The Designating Party shall bear the burdens and the

20

expenses of seeking protection in that court of its confidential material – and nothing

21

in these provisions should be construed as authorizing or encouraging a Receiving

22

Party in this action to disobey a lawful directive from another court.

23

9.

24

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

25
26

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

27

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

28
Stipulated
Protective.docx

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

all copies of the Protected Material, (c) inform the person or persons to whom
10
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

unauthorized disclosures were made of all the terms of this Protective Order, and (d)

2

request such person or persons to execute the “Acknowledgment and Agreement to

3

Be Bound” that is attached hereto as Exhibit A.

4

10.

FILING PROTECTED MATERIAL
10.1. Procedures In Connection With Filing Protected Material. A Receiving

5
6

Party may not file in the public record in this action any Protected Material without

7

complying with United States District Court, Central District of California, Local

8

Rule 79-5 regarding lodging and/or filing material under seal.
Each Party agrees not to oppose any motion to seal Protected Material, except

9
10

and only to the extent that a Party challenges or has previously challenged, in any

11

manner, the designation of the Protected Material that is the subject of the motion to

12

seal.

13

10.2. Procedure In The Event Of A Violation. If any Receiving Party or other

14

Party learns that, by inadvertence or otherwise, it has filed in the public record

15

Protected Material that has been designated as “Confidential” without a sealing order

16

or under any circumstance not authorized under this Protective Order, the Receiving

17

Party or other Party must immediately use its best efforts to retrieve and remove

18

from the public record all copies of such Protected Material, including by

19

withdrawing from the public record any such improperly filed documents. In the

20

event that a Designating Party and/or a Producing Party notifies a Receiving Party or

21

other Party, in writing, that such Party has filed Protected Material without a sealing

22

order or under any circumstance not authorized under this Protective Order, the

23

Receiving Party or other Party must make efforts to withdraw from the public record

24

any such improperly filed documents containing and/or attaching unsealed Protected

25

Material within twenty-four (24) hours of the notice provided by the Designating

26

Party and/or a Producing Party. However, the Parties agree any such action,

27

including withdrawal, shall not affect the timeliness of the original filing and the

28
Stipulated
Protective.docx

11
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

Parties agree to work together to substitute the unsealed Protected Material with

2

sealed Protected Material.
As an alternative to the procedures described in this Section 10.2, the Parties

3
4

may mutually agree to utilize a different, but reasonable, method of handling the

5

unauthorized disclosure of Protected Material at the time such issue arises.
All Parties and other persons subject to the terms of this Protective Order

6
7

agree that the Court shall retain jurisdiction for the purposes of enforcing this

8

Protective Order – including, but not limited to, for the purpose of evaluating any

9

application for injunctive relief and/or other relief.

10

11.

USING PROTECTED MATERIAL AT TRIAL
Not later than thirty (30) calendar days before the date set for trial, the Parties

11
12

shall meet and confer regarding the procedures for use of Protected Material at trial

13

and shall move the Court for entry of an appropriate order. In the event that the

14

Parties cannot agree upon the procedures for use of Protected Material at trial, either

15

Party may object to the disclosure of Protected Material at trial, and the Court shall

16

resolve any outstanding disputes over such disclosure.

17

12.

18

FINAL DISPOSITION
Unless otherwise ordered or agreed to in writing by the Producing Party,

19
20

action the Producing Party may request and within fifteen (15) days of such request

21

each Receiving Party must return all Protected Material to the Producing Party. As

22

used in this subdivision, “all Protected Material” includes all copies, abstracts,

23

compilations, summaries, or any other form of reproducing or capturing any of the

24

Protected Material. With permission, in writing, from the Designating Party, the

25

Receiving Party may destroy some or all of the Protected Material instead of

26

returning it. Whether the Protected Material is returned or destroyed, the Receiving

27

Party must submit a written certification to the Producing Party (and, if not the same

28
Stipulated
Protective.docx

within sixty (60) calendar days after the settlement or other final termination of this

person or entity, to the Designating Party) by the sixty-day deadline that identifies
12
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

(by category, when appropriate) all the Protected Material that was returned or

2

destroyed and that affirms that the Receiving Party has not retained any copies,

3

abstracts, compilations, summaries, or other forms of reproducing or capturing any

4

of the Protected Material. Notwithstanding this provision, Counsel are entitled to

5

retain an archival copy of all pleadings, motion papers, transcripts, legal memoranda,

6

correspondence, or attorney work product, even if such materials contain Protected

7

Material. Any such archival copies that contain or constitute Protected Material

8

remain subject to this Protective Order as set forth in Section 4, above.

9

13.

10
11
12

MISCELLANEOUS
13.1 Right To Further Relief. Nothing in this Protective 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

13

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

14

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

15

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

16

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

17

DATED November 18, 2020

18

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

19
20
21
22
23

By: /s/ Hardy Ray Murphy
Hardy Ray Murphy
Jerald L. Monson
Attorneys for Defendant
ADVANCE AMERICA, CASH ADVANCE
CENTERS OF CALIFORNIA, LLC

24
25
26
27
28
Stipulated
Protective.docx

13
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

MATERN LAW GROUP, PC

DATED: November 18, 2020

2

By: /s/ Scott A. Brooks
Matthew J. Matern
Scott A. Brooks

3
4

Attorneys for Plaintiff
LISET VIAMONTES

5
6
7
8

Pursuant to Local Rule 5-4.3.4(a)(2), I, Jerald L. Monson, attest that all other

9

signatories listed, and on whose behalf the filing is submitted, concur in the filing’s

10

content and have authorized the filing.

11

DATED: November 19, 2020

12

By: /s/ Jerald L. Monson
Hardy Ray Murphy
Jerald L. Monson

13
14

Attorneys for Defendants
ADVANCE AMERICA, CASH ADVANCE
CENTERS OF CALIFORNIA, LLC

15
16
17
18
19
20
21
22
23
24

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

ORDER
Pursuant to the Parties’ Stipulation, the Court finds good cause to approve the
Stipulated Protective Order.
IT IS FURTHER ORDERED THAT:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_______________________________________________________________.
IT IS SO ORDERED.

25
26
27

DATED: November 20 , 2020

By:
HON. SHASHI H. KEWALRAMANI
United States Magistrate Judge

28
Stipulated
Protective.docx

Case No. 5:19-cv-02389 JGB (SHKx)
14
STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of

3
4

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

5

of perjury that:
I have read, in its entirety, and understand the Stipulated Protective Order that

6
7

was issued by the United States District Court, Central District of California, in the

8

case of Liset Viamontes v. Advance America, Cash Advance Centers, Inc., et al.,

9

Case No. 5:19-cv-02389 JGB (SHKx).

10

I am executing this Acknowledgment And Agreement To Be Bound in order

11

to satisfy the terms, provisions, and conditions set forth in the Stipulated Protective

12

Order, and prior to the disclosure to me of any information, items, and/or documents

13

that have been designated as “Confidential” pursuant to the Stipulated Protective

14

Order.
I will comply with, and agree to be bound by, all of the terms, provisions, and

15
16

conditions set forth in the Stipulated Protective Order, and I understand and

17

acknowledge that failure to so comply could expose me to sanctions and punishment

18

in the nature of contempt of court.
I will not disclose, in any manner, any information, documents, and/or items

19
20
21

in strict compliance with the terms, provisions, and conditions of this Stipulated

22

Protective Order.

23

///

24

///

25

///

26

///

27

///

28
Stipulated
Protective.docx

that are subject to this Stipulated Protective Order to any person and/or entity except

///
15
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER

1

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

2

Central District of California for the purpose of enforcing the terms of this Stipulated

3

Protective Order, even if such enforcement proceedings occur after disposition of

4

this action.

5
6
7
8
9
10

DATED: _________________________ By: _______________________________
Signature
________________________________
Printed Name
________________________________
City and State where sworn and signed

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulated
Protective.docx

16
Case No. 5:19-cv-02389 JGB (SHKx)
STIPULATED PROTECTIVE ORDER