Marlin Smith et al v. Nissan Motor Acceptance Corporation et al

Filing 57

STIPULATED PROTECTIVE ORDER by Magistrate Judge Margo A. Rocconi re Stipulation for Protective Order 56 . See Order for details. (es)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MARLIN SMITH AND FLORIA
SMITH,

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Plaintiffs,

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v.

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NISSAN MOTOR ACCEPTANCE
CORPORATION; SENTRY CREDIT,
INC.; EXPERIAN INFORMATION
SOLUTIONS, INC.; EQUIFAX
INFORMATION SERVICES, LLC;
and TRANSUNION, LLC.,

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Case No. 5:21-cv-02139-DMG-MAR
Hon. District Judge Dolly M. Gee
Hon. Magistrate Judge Margo A.
Rocconi
[PROPOSED] STIPULATED
PROTECTIVE ORDER1
Action Filed: November 10, 2021
Trial Date: N/A

Defendants.

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1.

INTRODUCTION

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1.1

PURPOSES AND LIMITATIONS

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Discovery in this action is likely to involve production of confidential,

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proprietary, or private information for which special protection from public

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disclosure and from use for any purpose other than prosecuting this litigation may be

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warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter

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the following Stipulated Protective Order. The parties acknowledge that this Order

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This Stipulated Protective Order is substantially based on the model stipulated protective order provided under
Magistrate Judge Margo A. Rocconi’s Procedures.

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does not confer blanket protections on all disclosures or responses to discovery and

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that the protection it affords from public disclosure and use extends only to the

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limited information or items that are entitled to confidential treatment under the

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applicable legal principles. The parties further acknowledge, as set forth in Section

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12.3, below, that this Stipulated Protective Order does not entitle them to file

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confidential information under seal; Civil Local Rule 79-5 sets forth the procedures

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

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permission from the court to file material under seal.

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1.2

GOOD CAUSE STATEMENT

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This action is likely to involve trade secrets, private financial information, or

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company specific policies and procedure and/or proprietary information for which

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

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prosecution of this action is warranted. The parties submit this Protective Order to

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reduce the risk of Plaintiff’s personal information being compromised, as well as

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Defendants’ trade secrets from being exposed. Without a Protective Order, the first

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primary risk is that current or potential competitors could apply reverse engineering

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techniques to create or enhance their own systems and remove the competitive edge

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currently enjoyed by Defendants. A second major risk is that unscrupulous credit

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clinics could use Defendants’ system information to help their clients to avoid the

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impact of negative, but accurate, credit histories. The third risk arising from

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producing documents without benefit of a protective order is that of identity theft,

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which also impacts Plaintiff. This information would be of great use to someone

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seeking to steal another’s identity for fraudulent purposes.

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Such confidential and proprietary materials and information consist of, among

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other things, confidential business or financial information, information regarding

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confidential business practices, or other confidential research, development, or

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commercial information (including information implicating privacy rights of third

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parties), information otherwise generally unavailable to the public, or which may be
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privileged or otherwise protected from disclosure under state or federal statutes, court

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rules, case decisions, or common law. Accordingly, to expedite the flow of

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information, to facilitate the prompt resolution of disputes over confidentiality of

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discovery materials, to adequately protect information the parties are entitled to keep

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confidential, to ensure that the parties are permitted reasonable necessary uses of such

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material in preparation for and in the conduct of trial, to address their handling at the

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end of the litigation, and serve the ends of justice, a protective order for such

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information is justified in this matter. It is the intent of the parties that information

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will not be designated as confidential for tactical reasons and that nothing be so

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designated without a good faith belief that it has been maintained in a confidential,

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

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record of this case.

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2.

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DEFINITIONS
2.1

Action: Smith, Marlin, et al. v. Nissan Motor Acceptance Corporation,

et al., Case No.: 5:21-cv-02139-DMG-MAR.
2.2

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

of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information (regardless of

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

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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good

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Cause Statement.

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2.4

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Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
2.5

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

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

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“CONFIDENTIAL.”

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2.6

Disclosure or Discovery Material: all items or information, regardless

of the medium or manner in which it is generated, stored, or maintained (including,
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among other things, testimony, transcripts, and tangible things), that are produced or

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generated in disclosures or responses to discovery in this matter, or informally as part

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of settlement negotiations or for the purpose of alternative dispute resolution,

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including, but not limited to, mediation.

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2.7

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

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

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an expert witness or as a consultant in this Action.

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2.8

House Counsel: attorneys who are employees of a Party to this Action.

House Counsel does not include Outside Counsel of Record or any other outside
counsel.
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Non-Party: any natural person, partnership, corporation, association, or

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

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2.10 Outside Counsel of Record: attorneys who are not employees of a Party

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to this Action but are retained to represent or advise a Party to this Action and have

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appeared in this Action on behalf of that Party or are affiliated with a law firm which

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has appeared on behalf of that Party, and includes support staff.

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2.11 Party: any party to this Action as of the date of execution of this Order,

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including all of its officers, directors, employees, consultants, retained experts, and

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Outside Counsel of Record (and their support staffs).

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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.13 Professional Vendors: persons or entities that provide litigation support

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

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

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and their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL.” Protected Material shall not include any

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Disclosure or Discovery Material that shows on its face that it has been actually

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published or otherwise disseminated to the public.

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2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

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from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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

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

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.

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This Order is made without prejudice to any Party’s right to seek additional

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or further protection of any Disclosure or Discovery Material or to otherwise seek a

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modification of this Order in any way, including, but not limited to, an order that

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certain matter not be produced at all.

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Nothing in this Order shall restrict or prevent a Producing Party’s own use or

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disclosure of its own Protected Material for any purpose, and nothing in this Order

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shall restrict or prevent any Producing Party from showing its own Protected Material

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to any individual who prepared the Protected Material.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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

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in writing or a court order otherwise directs. Final disposition will be deemed to be

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the later of (1) dismissal of all claims and defenses in this Action, with or without

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prejudice; and (2) final judgment herein after the completion and exhaustion of all

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

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

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applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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protection only those parts of material, documents, items, or oral or written

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

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or communications for which protection is not warranted are not swept unjustifiably

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within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

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Party to sanctions.

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

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

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

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5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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

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

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produced.

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Designation in conformity with this Order requires:
(a)

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

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

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proceedings), that the Producing Party affix at a minimum, the legend
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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that

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

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

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portion(s) (e.g., by making appropriate markings in the margins). For electronic or

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digital files being produced, the Producing Party may affix each viewable page or

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image with the “CONFIDENTIAL” designation and mark the medium, container,

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and/or communication in which the electronic or digital files were contained. If a

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Producing Party believes in good faith that, despite the provisions of this Protective

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Order, there is a substantial risk of identifiable harm to the Producing Party if

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particular documents it designates as “Confidential” are disclosed to all other parties

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or non-parties to this action, the Producing Party may designate those particular

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documents as “Confidential—Attorneys’ Eyes Only.”

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

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

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which documents it would like copied and produced. During the inspection and

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

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

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

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

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

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legend” to each page that contains Protected Material. If only a portion or portions

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

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

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margins).

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(b)

Where electronic or digital files and documents are produced in

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native electronic format, such files and documents shall be marked as

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“CONFIDENTIAL” by appending to the file names or designators information

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indicating that the file contains Protected Material. When electronic or digital files
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or documents are printed for use at a deposition, a Court proceeding, or for any other

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use in any manner approved by this Order, the Party printing the files or documents

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shall mark the printed copies with the appropriate designation set by the Designating

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Party. Parties may designate depositions and other testimony with the appropriate

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designation by indicating on the record at the time the testimony is given or by

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sending written notice of which portions of the transcript of the testimony are so

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designated within thirty days of receipt of the transcript of the testimony. Any

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Protected Material that is used in the taking of a deposition, or otherwise used or

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referenced in testimony, shall remain subject to the provisions of this Order, along

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with the transcript pages of the testimony dealing with such Protected Material. In

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such cases the court reporter or transcriber shall be informed of this Order and shall

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be required to operate in a manner consistent with this Order, including but not

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limited to, by agreeing that all Protected Material shall remain Protected Material and

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shall not be disclosed by them, except pursuant to the terms of this Order, and that

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any notes or transcriptions of such testimony (and any accompanying exhibits) will

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be retained by the reporter or delivered to counsel of record. In the event the

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deposition or testimony is recorded by video and/or audio, the original and all copies

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of the recording file shall be marked by the technician to indicate that the contents of

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the file are subject to this Order, substantially along the lines of “This file contains

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confidential testimony used in this case and is not to be viewed or the contents thereof

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to be displayed or revealed except pursuant to the terms of the operative Protective

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Order in this matter or pursuant to written stipulation of the parties.” Counsel for any

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Producing Party shall have the right to exclude from oral depositions (other than the

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deponent, deponent’s counsel and the reporter and videographer, if any) any person

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who is not authorized by this Order to receive or access Protected Material. Such

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right of exclusion shall be applicable only during periods of examination or testimony

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regarding such Protected Material.

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(c)

for information produced in some form other than documentary

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

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

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

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protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s).

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5.3

Inadvertent Failures to Designate. The inadvertent or unintentional

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production or disclosure by a Party of Disclosure or Discovery Material containing

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“CONFIDENTIAL.”

Information

or

Items

but

was

not

designated

as

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“CONFIDENTIAL” despite the Producing Party’s reasonable efforts to prescreen

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such Disclosure or Discovery Material prior to production, will not waive the

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Producing Party’s right to designate all or a portion of the Disclosure or Discovery

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material with the appropriate designation described herein provided that the

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Producing Party notifies all Receiving Parties that such Disclosure or Discovery

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Material should have been designated as “CONFIDENTIAL” within ten (10) court

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days from the Producing Party’s discovery of the inadvertent or unintentional failure

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to designate. The Producing Party shall thereafter reproduce the Protected Material

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with the correct designation within five (5) court days upon its notification to the

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Receiving Parties. Upon receipt of the Protected Material with the correct

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designation, the Receiving Parties shall return or securely destroy, at Producing

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Party’s option, all Disclosure or Discovery Material that was not properly designated.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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

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Scheduling Order. Any Party or Non-Party shall not be obligated to challenge the

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designation of Disclosure or Discovery Material under this Order at the time the

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designation is made, and a failure to do so shall not preclude a subsequent challenge

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thereto.
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6.2

Meet and Confer. The Challenging Party will initiate the dispute

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resolution process under Local Rule 37.1 et seq. Any challenge shall particularly

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identify the documents or information that the Challenging Party contends should not

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be designated as “CONFIDENTIAL” and shall state the specific grounds for the

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challenge and/or objection. The Parties may conduct the prefiling conference of

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counsel telephonically or via a video platform.

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6.3

The burden of persuasion in any such challenge proceeding will be on

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

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

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

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or withdrawn the confidentiality designation, all Parties will continue to afford the

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material in question the level of protection to which it is entitled under the Producing

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Party’s designation until the Court rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

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

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

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

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conditions described in this Order. When the Action has been terminated, a Receiving

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

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

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location in the United States and in a secure manner that ensures that access is limited

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to the persons authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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Receiving

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“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

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(a)

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

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as well as such Outside Counsel of Record’s immediate paralegals and staff to whom

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it is reasonably necessary to disclose the information for this Action;

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(b)

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

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

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(c)

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

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

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), provided that such

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Expert is not a current officer, director, board member, or employee of a competitor

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of a Party;

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(d)

the Court and its personnel;

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(e)

court reporters, stenographers, videographers, and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this Action and

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

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(g)

the author or recipient of a document containing the information

or a custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses,

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in the Action to whom disclosure is reasonably necessary provided: (1) the deposing

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party requests that the witness sign the form attached as Exhibit A hereto; and (2)

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they will not be permitted to keep any confidential information unless they sign the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise

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agreed by the Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material may be

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separately bound by the court reporter and may not be disclosed to anyone except as

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permitted under this Stipulated Protective Order;

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(i)

the Parties; and

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(j)

any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the Parties engaged in settlement

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discussions.

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8.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION

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

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compels disclosure of any information or items designated in this Action as

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“CONFIDENTIAL,” that Party must:

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(a)

promptly notify in writing the Designating Party. Such

notification will include a copy of the subpoena or court order;

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(b)

promptly notify in writing the party who caused the subpoena or

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

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

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copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

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

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

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

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

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

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

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protection in that court of its Protected Material and nothing in these provisions

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

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to disobey a lawful directive from another court.

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9.

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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 Non-Party in this Action and designated as “CONFIDENTIAL.” Such
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information produced by Non-Parties in connection with this Action is protected by

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

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

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(b)

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

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

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

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confidential information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the

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

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(2)

promptly provide the Non-Party with a copy of the

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

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reasonably specific description of the information requested; and

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(3)

make the information requested available for inspection by

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the Non-Party, if requested.

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(c)

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

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

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

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

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

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

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

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of seeking protection in this court of its Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

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

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

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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

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

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

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

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inadvertence disclosure by the Receiving Party does not change the status of the

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Protected Material or otherwise waive the Designating Party’s right to maintain the

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“CONFIDENTIAL” designation for such Protected Material

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11.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain

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

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

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

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

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

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

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

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parties may incorporate their agreement in the stipulated protective order submitted

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to the court.

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12.

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

person to seek its modification by the Court in the future.

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12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

26

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

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

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12.3 Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Civil Local Rule 79-5. Protected Material may

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only be filed under seal pursuant to a court order authorizing the sealing of the

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specific Protected Material at issue. If a Party’s request to file Protected Material

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under seal is denied by the court, then the Receiving Party may file the information

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in the public record unless otherwise instructed by the Court.

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13.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 4, within 60

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days of a written request by the Designating Party, each Receiving Party must return

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all Protected Material to the Producing Party. As used in this subdivision, “all

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Protected Material” includes all copies, abstracts, compilations, summaries, and any

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other format reproducing or capturing any of the Protected Material. Whether the

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Protected Material is returned or destroyed, the Receiving Party must submit a

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written certification to the Producing Party (and, if not the same person or entity, to

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the Designating Party) by the 60 day deadline that (1) identifies (by category, where

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appropriate) all the Protected Material that was returned and (2) affirms that the

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Receiving Party has not retained any copies, abstracts, compilations, summaries or

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any other format reproducing or capturing any of the Protected Material.

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Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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

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and consultant and expert work product, even if such materials contain Protected

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

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remain subject to this Protective Order as set forth in Section 4 (DURATION).

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14.

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contempt proceedings, financial or evidentiary sanctions, reference to disciplinary

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authorities, or other appropriate action at the discretion of the Court.

Any willful violation of this Order may be punished by civil or criminal

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CASE NO.: 5:21-cv-02139-DMG-MAR
STIPULATED PROTECTIVE ORDER

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: August 11, 2022

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KAZEROUNI LAW GROUP, APC
By: /s/Ryan McBride
RYAN L. MCBRIDE
Attorneys for Plaintiffs

DATED: August 11, 2022
By: /s/Paige Christie
PAIGE CHRISTIE
Attorneys for Defendant EXPERIAN
INFORMATION SOLUTIONS, INC.

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DATED: August 11, 2022

By: /s/Kristin Marker
KRISTIN MARKER
Attorney for Defendant TRANS UNION,
LLC

DATED: August 11, 2022

By: /s/Eric Barton
ERIC BARTON
THOMAS P. QUINN, JR.
Attorneys for Defendant EQUIFAX
INFORMATION SERVICES, LLC

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RDERED.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: _____________________
August 16, 2022

By:

HON MARGO
HON.
MARGO A
A. R
ROCCONI
United States Magistrate Judge

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CASE NO.: 5:21-cv-02139-DMG-MAR
STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

________________________

[print

or

type

full

name],

of

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

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

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that was issued by the United States District Court for the Central District of

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California on ___________ [date] in the case of Smith, Marlin, et al. v. Nissan

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Motor Acceptance Corporation, et al., Case No. 5:21-cv-02139-DMG-MAR. I agree

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to comply with and to be bound by all the terms of this Stipulated Protective Order

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and I understand and acknowledge that failure to so comply could expose me to

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sanctions and punishment in the nature of contempt. I solemnly promise that I will

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not disclose in any manner any information or item that is subject to this Stipulated

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Protective Order to any person or entity except in strict compliance with the

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provisions of this Stipulated Protective Order. Upon termination of this action, or

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upon request, I will return and deliver all information, documents or other materials

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produced subject to this Stipulated Protective Order, and all documents or things

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which I have prepared relating to the information, documents or other materials that

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are subject to the Stipulated Protective Order, to my counsel in this action, or to

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counsel for the party by whom I am employed or retained or from whom I received

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the documents.

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///

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///

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///

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///

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///

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///

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///

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///
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CASE NO.: 5:21-cv-02139-DMG-MAR
STIPULATED PROTECTIVE ORDER

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

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

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Stipulated Protective Order, even if such enforcement proceedings occur after

4

termination of this action. I hereby appoint ________________________ [print or

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type full name] of ________________________ [print or type full address and

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

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

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Order.

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Date:

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City and State where signed:
Printed name:
Signature:

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CASE NO.: 5:21-cv-02139-DMG-MAR
STIPULATED PROTECTIVE ORDER