Michael Rex et al v. Chase Home Finance LLC et al

Filing 47

STIPULATION AND PROTECTIVE ORDER re Confidential Information by Magistrate Judge Robert N. Block (ts)

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BINGHAM MCCUTCHEN LLP
Peter Obstler (SBN 171623)
[e-mail]
Zachary J. Alinder (SBN 209009)
[e-mail]
Three Embarcadero Center
San Francisco, California 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
Attorneys for Defendants
JPMorgan Chase Bank, N.A., for itself and
as successor by merger to Chase Home
Finance LLC and Chase Home Finance,
Inc.

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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MICHAEL REX AND NAOMI REX,

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HARBIN & McCARRON
Bruce Harbin, Esq. (SBN 110616)
1801 Park Court Place, Bldg. G
Santa Ana, CA 92701
Telephone: [phone]
Facsimile: [phone]

UNITED STATES DISTRICT COURT

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MOWER & CARREON, LLP
Jon R. Mower, Esq. (SBN 72034)
Dan J. Bulfer, Esq. (SBN 280064)
8001 Irvine Center Drive, Suite 1450
Irvine, CA 92618
Telephone: [phone]
Facsimile: [phone]

Plaintiffs,
v.
CHASE HOME FINANCE LLC, a
Delaware Corporation; CHASE HOME
FINANCE, INC., a Delaware
Corporation; JPMORGAN CHASE
BANK, N.A., a Delaware Corporation;
and DOES 1 through 10, inclusive,

No. SACV12-609 DOC (RNBx)
STIPULATION AND
[PROPOSED] PROTECTIVE
ORDER RE: CONFIDENTIAL
INFORMATION
Action Filed December 14, 2012

Defendants.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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WHEREAS the parties in the action pending in the United States District

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Court, Central District of California, Southern Division, entitled Michael Rex, et

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al. v. Chase Home Finance, LLC, Case No. SACV12-609 DOC (RNBx) (“the

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Litigation”), anticipate that during the course of the Litigation documents and/or

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information of a sensitive, private and confidential nature may be produced in the

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course of discovery or otherwise disclosed or provided, and the parties wish to

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protect the confidentiality of such documents or information while ensuring that

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discovery may be pursued with a minimum of delay and expense,

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THEREFORE MICHAEL REX and NAOMI REX (“Plaintiffs”) and

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CHASE HOME FINANCE LLC, CHASE HOME FINANCE, INC., and

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JPMORGAN CHASE BANK, N.A. (“Defendants”) (collectively with Plaintiffs

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the “Parties”) hereby stipulate and agree to the following proposed Protective

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Order Re: Confidential Information (“Protective Order”), subject to court approval:

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1.

PURPOSES AND LIMITATIONS
1.1

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The Parties agree and stipulate that disclosures made and discovery

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activity in connection with the Litigation are likely to involve production of

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confidential, proprietary, and/or private information for which special protection

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from public disclosure and from use for any purpose, other than the Litigation will

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be warranted.

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appropriate to protect each Party’s confidential, proprietary, and/or private

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information.

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2.

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Accordingly, the Parties agree that the following Order is

DEFINITIONS
2.1

“CONFIDENTIAL” Information or Items: Information (regardless of

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

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protection under Federal Rule of Civil Procedure 26(c), including without

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limitation: (1) information protected pursuant to Federal Rule of Civil Procedure

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5.2; (2) information protected by any federal, California, or other privacy statute,

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such as the California Right to Financial Privacy Act and information containing
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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protected nonpublic personal information (“NPPI”); (3) information protected by

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an existing and valid contractual obligation requiring the Designating Party to

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maintain the confidentiality of the information; and (4) any other commercially or

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personally sensitive or proprietary information including, but not limited to,

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financial or business plans or projections, proprietary technical information and

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specifications, current or future business and marketing information, plans, and

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strategies, studies or analyses by internal or outside experts, and confidential

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financial data or results. Nothing in this paragraph shall preclude a Party from

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redacting personal information, including social security numbers or dates of birth,

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as required by governing law or contract or otherwise pursuant to the applicable

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policies of the Party

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2.2

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

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Counsel, as well as their support staff, including but not limited to attorneys,

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paralegals, secretaries, law clerks, and investigators.

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2.3

Designating Party: A Party that designates information or items that it

produces in any disclosure or production as “CONFIDENTIAL.”
2.4

Disclosure or Discovery Material: All items or information regardless

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

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among other things, data, documents, testimony, transcripts, and tangible things),

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that are produced or generated in disclosures or responses to discovery requests in

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this matter.

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2.5

Expert: A person with specialized knowledge or experience in a

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matter pertinent to the litigation, along with his or her employees and support

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personnel, who has been retained by a Party or its Counsel to serve as an Expert

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witness or as a consultant in this Litigation.

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2.6

Filing Party:

A Party that seeks to file or lodge with the Court

Disclosure or Discovery Materials designated as “CONFIDENTIAL” Information,

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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or any pleadings, memorandums, declarations, and other documents that disclose

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“CONFIDENTIAL” Information.

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Party:

Any Party to this Litigation, including all of its officers,

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directors, employees, consultants, retained Experts, and Outside Counsel of Record

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(and their support staffs).

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2.8

Producing Party:

A Party that produces Disclosure or Discovery

Material in this Litigation.
2.9

Professional Vendors:

Persons or entities that provide litigation

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support 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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2.10 Protected Material: Any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL.”

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2.11 Receiving Party:

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Material from a Producing Party.

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A Party that receives Disclosure or Discovery

2.12 “NPPI” means:
(a)

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“Nonpublic personal information,” as defined in Title V of the

Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809;
(b)

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“Nonpublic personal information,” as defined in any and all

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regulations promulgated pursuant to Title V of the Gramm-Leach-Bliley Act,

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including but not limited to 16 C.F.R. Parts 313, 314, and 332 and 12 C.F.R Part

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364; and

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(c)

Any information covered by state and federal laws and

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regulations protecting the privacy and security of personal information, including

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but not limited to the California Financial Information Privacy Act, Cal. Fin. Code

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§ 4050 et seq.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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3.

SCOPE
3.1

The protections conferred by this Stipulation and Order cover not only

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

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

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

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presentations by Parties or their Counsel that reveal Protected Material.

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3.2

However, the protections conferred by this Stipulation and Order do

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not cover the following information: (i) any information that is in the public

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domain at the time of disclosure to a Receiving Party or becomes part of the public

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domain after its disclosure to a Receiving Party as a result of publication not

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involving a violation of this Order; (ii) any information known to the Receiving

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

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from a source who obtained the information lawfully and under no obligation of

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confidentiality to the Designating Party; and (iii) any information obtained outside

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of the Litigation that none of the Parties designate as “CONFIDENTIAL” within

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thirty (30) days after production. Any use of Protected Material produced for

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purposes of this Litigation shall only be used for purposes of Litigation, and shall

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be returned or destroyed following conclusion of the Litigation as described further

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below.

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3.3

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

disclosure or use of its own Protected Material for any purpose.
3.4

Nothing in this Order shall be construed to prejudice any Party’s right

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to use any Protected Material in court or in any court filing with the written

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consent of the Designating Party.

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construed to prevent Counsel from advising their clients with respect to this case

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based in whole or in part upon Protected Materials, provided Counsel does not

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disclose the Protected Material itself except as provided in this Order.

Likewise, nothing in this Order shall be

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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4.

DURATION
4.1

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The confidentiality obligations imposed by this Order shall remain in

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effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Within 90 (ninety) days after the conclusion of the Litigation,

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including any appeals and post-trial motion practice, each Receiving Party shall

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confirm in writing to the Producing Party at the Notice address below that it has

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returned or securely destroyed all Protected Material, as well as (a) any

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information copied or extracted from Protected Material; (b) all copies, excerpts,

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summaries, or compilations of Protected Material; and, (c) any testimony,

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conversations, or presentations by Parties or their Counsel that might reveal

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Protected Material; except as follows in Section 4.2.
4.2

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Notwithstanding the obligations above, each Party may keep and

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retain for their records one copy of any statement, client communication or legal

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memorandum prepared for purposes of the Litigation containing specified

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materials (the “Retained Work Product Materials”), expressly limited to (a)

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attorney work product summaries of Protected Material or (b) copies of Protected

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Material as contained in exhibits to any statement, communication or pleading,

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provided that the one retained copy will be for archival purposes only. Such

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Retained Work Product Materials shall not be used directly or derivatively for any

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other purpose, including, but not limited to, any past, pending or future litigation or

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legal proceedings of any kind whatsoever.

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5.

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contains NPPI:

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5.1

With respect to Confidential Information produced by Defendants that

In no event shall the Receiving Party disclose the NPPI of any

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Consumer contained in any Confidential Information to any Party or non-Party

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other than the Consumer, except as permitted under Title V of the Gramm-Leach-

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Bliley Act, §§ 6801-6809, and its implementing regulations;

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

5.2

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Defendants shall not be liable for any disclosure by any Party other

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than Defendants or by any non-Party of Confidential Information produced in this

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Matter containing NPPI;
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Any production by Defendants of Confidential Information containing

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NPPI of any Plaintiff to any Plaintiff is a permissible disclosure under Title V of

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the Gramm-Leach-Bliley Act, including pursuant to 15 U.S.C. § 6802(e)(2) and 15

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U.S.C. § 6802(e)(3)(E);
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Any production by Defendants of Confidential Information containing

NPPI of any Plaintiff to any Plaintiff is a permissible disclosure under Cal. Fin.
Code § 4056(b)(2) and Cal. Fin. Code § 4056(b)(3)(E); and
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Review of Confidential Information containing NPPI by Counsel,

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Experts or consultants for any Party shall not waive, in whole or in part, any Party

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or non-Party’s claim of confidentiality. Likewise, the inadvertent, unintentional or

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in camera disclosure of Confidential Information containing NPPI shall not be

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deemed a waiver, in whole or in part, of any Party or any non-Party’s claims of

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confidentiality.

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6.

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DESIGNATING PROTECTED MATERIAL
6.1

Designation As Representation by Counsel.

Counsel for any

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Designating Party may designate any Disclosure or Discovery Material as

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“Confidential Information” under the terms of this Protective Order only if such

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counsel in good faith believes that the Disclosure or Discovery Material contains

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such information and is subject to protection under Federal Rule of Civil Procedure

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26(c). The designation by any Designating Party of any Discovery Material as

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Confidential Information constitutes a representation that an attorney for the

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Designating Party reasonably believes there is a valid basis for such designation.

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6.2

Manner and Timing of Designations. Designation in conformity with

this Order requires:

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6
STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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(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 the legend “CONFIDENTIAL” to

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each page that contains Protected Material. For electronic documents produced in

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native format, or otherwise produced in a manner where individual page marking is

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not practical, the Producing Party must affix the “CONFIDENTIAL” legend to the

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disc or electronic media on which the information is produced.

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produced through an FTP site or share can be designated by letter from the

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Producing Party. A Party or non-Party that makes original documents or materials

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available for inspection need not designate them for protection until after the

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inspecting Party has indicated which material it would like copied and produced.

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During the inspection and before the designation, all of the material made available

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for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

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identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under this

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Order. Then, before producing the specified documents, the Producing Party must

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affix the “CONFIDENTIAL” legend to each page that contains Protected Material;

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(b)

Information

for all other information or tangible items, that the Producing

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Party affix in a prominent place on the exterior of the container or containers in

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which the information or item is stored the legend “CONFIDENTIAL.” If only a

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portion or portions of the information or item warrant protection, the Producing

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Party, to the extent practicable, shall identify the protected portion(s); and

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(c)

for deposition testimony that the designation be made during

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the taking of the deposition by a statement on the record, by counsel at the time of

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such disclosure, or by written notice sent to counsel of record for all Parties within

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ten (10) business days after receiving a copy of the final transcript thereof,

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identifying the specific pages thereof designated as Confidential Information.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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6.3

Inadvertent Failures to Designate. If a Producing Party discovers that

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“CONFIDENTIAL” Information or items that it produced were not designated as

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Protected Material, the Producing Party may notify all other Parties of the error

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and identify the affected information or items and their new designation or re-

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designation. Thereafter, the information or items so designated or re-designated

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will be treated as Protected Material. After providing such notice, the Producing

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Party shall provide re-labeled copies of the information or items reflecting the

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change in designation.

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6.4

An inadvertent failure to designate qualified information or items

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shall not waive the Designating Party’s right to secure protection under this Order

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for such material. Upon correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order. Upon receiving the Protected Material with the correct

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confidentiality designation, the Receiving Parties shall return or securely destroy,

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all Discovery Material reasonably accessible to the Receiving Party that was not

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designated properly. Unauthorized or inadvertent disclosure does not change the

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status of Discovery Material or waive the right to hold the disclosed document or

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information as Protected Material.

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6.5

Challenging Designations.

Unless a prompt challenge to a

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Designating Party’s confidentiality designation is necessary to avoid foreseeable

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substantial unfairness, unnecessary economic burdens, or a later significant

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disruption or delay of the litigation, a Receiving Party does not waive its right to

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challenge a confidentiality designation by electing not to mount a challenge

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promptly after the Designating Party discloses the designation. Until the Parties

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informally resolve a challenge to the confidentiality designations or the Court rules

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on the challenge, all parties shall continue to afford the material in question the

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level of protection to which it is entitled under the Designating Party’s designation.

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This provision applies only to challenge proceedings, and shall not be construed to
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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affect the burden of proof for a motion to seal. Notwithstanding any provision of

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this Stipulated Protective Order, however, any motion challenging a Designating

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Party’s confidentiality designation shall comply with the Federal Rules of Civil

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Procedure, all applicable local rules, as well as any “local local” rules or

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procedures established by the Court, including, without limitation, Local Rules 37-

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1 and 37-2 (setting forth the requirement of a Joint Stipulation of disputed issues).

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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

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is disclosed or produced by another Party in connection with this Litigation only

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for litigation and settlement purposes while the Litigation is still ongoing, and not

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for any other purpose whatsoever. Such Protected Material may be disclosed only

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to the categories of persons and under the conditions described in this Order.

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When the Litigation has been terminated, a Receiving Party must comply with the

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provisions of section 4.1 above.

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7.2

Protected Material must be stored and maintained by a Receiving

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

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persons authorized under this Order.

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7.3

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:

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(a)

Party

may

disclose

any

information

or

item

designated

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

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including attorneys who are principals of, employed by, or working for said

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Outside Counsel of Record;

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(b)

Experts (as defined in this Order) retained to assist in this action,

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provided that disclosure is only to the extent reasonably necessary to perform such

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work and provided that: (i) such Expert has signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A); and (ii) such Expert is not a current officer,
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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director, or employee of a Party or of a competitor of a Party, nor is anticipated at

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the time of retention to become an officer, director, or employee of a Party or of a

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competitor of a Party;
(c)

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the Court and its staff and administrative personnel, and Court

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reporters, videographers and stenographers employed to take depositions, and any

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essential personnel retained by the Court;
(d)

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Professional Vendors to whom disclosure is reasonably

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necessary for this litigation, as long as they have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);
(e)

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the author or recipient of a document containing the

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

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information, including as relevant to loan files, each named plaintiff may view

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their own loan files; and
(f)

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any other person, upon order of the Court or with the prior

written consent of the Producing Party.
7.4

Procedure for Filing of “CONFIDENTIAL” Information with the

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Court. In the event that any portion of any Disclosure or Discovery Material

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designated as Confidential Information is submitted to the Court for any purpose,

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the Filing Party shall do all of the following:
(a)

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A Filing Party shall sanitize or redact the documents and/or

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“CONFIDENTIAL” Information so as to remove any reference to NPPI or other

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CONFIDENTIAL Information when this can be accomplished without destroying

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the purpose for which the documents and/or “CONFIDENTIAL” Information is to

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be filed.

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document to the Designating Party, who shall then have three (3) business days

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(the “Review Period”) to review the sanitized document for remaining NPPI or

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other CONFIDENTIAL Information. Upon the expiration of the Review Period,

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or upon the Designating Party’s sooner notification to the Filing Party that the
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Following sanitization, the Filing Party shall present the sanitized

STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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Designating Party is satisfied that the sanitized document contains no NPPI or

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other “CONFIDENTIAL” information, the sanitized document may be filed upon

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the public record as if it were any other filing.

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(b)

Within three (3) business days before the filing, the Filing Party

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will notify the Designating Party by Bates number or other reasonable description,

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of the specific documents and/or “CONFIDENTIAL” Information that the Filing

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Party intends to lodge with the Court under seal.

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notify the Filing Party within one (1) business day after receiving this notice if the

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Designating Party agrees that some, part, or all of the documents and/or

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“CONFIDENTIAL” Information need not be lodged with the Court under seal. A

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Designating Party shall not unreasonably withhold its agreement that some, part, or

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all of the documents and/or “CONFIDENTIAL” Information need not be lodged

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with the Court under seal, however a Designating Party is under no obligation to

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waive any claim of confidentiality that is made in good faith.

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(c)

The Designating Party will

In accordance with Local Rule 79-5, the Filing Party will

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present to the Court the document(s) submitted for filing under seal, a written

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application, and a proposed order. Further, in accordance with Local Rule 79-5,

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the original and judge’s copy of the documents to be filed under seal shall be

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sealed in separate envelopes with a copy of the title page attached to the front of

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each envelope. The Parties recognize that one of the manifest purposes of this

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Stipulated Protective Order is to avoid the expense associated with litigating

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discovery disputes over confidentiality-related issues and as such the Parties agree

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that they will not oppose any written application seeking the sealing of documents

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absent a substantial justification to do so.

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(d)

In accordance with Local Rule 79-5, the Filing Party will

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present to the Clerk for filing, in paper format, any materials containing

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“CONFIDENTIAL” Information and will electronically file a Notice of Manual

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Filing in accordance with Local Rule 5-4.2.
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION OR GOVERNMENT

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INVESTIGATION

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8.1

If a Party is served with a document request, investigatory demand for

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documents, subpoena or a court order (“Document Demand”) issued in other

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litigation or government investigation that compels disclosure of any information

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or items designated in this Litigation as “CONFIDENTIAL,” prior to final

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disposition of that Protected Material, that Party must:

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(a)

promptly notify in writing the Designating Party and provide

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that Party with a reasonable opportunity to move for a protective order regarding

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the production of Protected Materials implicated by the Document Demand.

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Provided, however, that in no event shall the obligation to afford the Designating

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Party a reasonable opportunity to move for a protective order require any party to

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violate or otherwise disobey a lawful subpoena;

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(b)

promptly notify in writing the Party who caused the Document

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

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the Document Demand is subject to this Order. Such notification shall include a

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copy of this Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be

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

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

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Document Demand shall not produce any information designated in this action as

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“CONFIDENTIAL” earlier than the date and time called for on the Document

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Demand, and shall cooperate in good faith with the Designating Party’s reasonable

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efforts to obtain a protective order.

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Protective Order, however, neither Fed. R. Civ. P. 26 nor Fed. R. Civ. P. 45

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provide that compliance with a lawful subpoena is automatically stayed by the

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filing of a motion for a protective order. Accordingly, the Parties agree that it is
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Notwithstanding any provision of this

STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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the Designating Party’s responsibility to timely move for, and obtain, an

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appropriate order staying the operation of a Document Demand pending the

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resolution of the Designating Party’s motion for a protective order.

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contained in this Protective Order should be construed as authorizing or

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encouraging a party in this action to disobey a lawful subpoena issued in another

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action.

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9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
9.1

8

Nothing

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

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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notify in writing the Designating Party of the unauthorized disclosures; (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material; (c) inform

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the person or persons to whom unauthorized disclosures were made of all the terms

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of this Order; and (d) request such person or persons to execute the

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

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Exhibit A.

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10.

INADVERTENT

PRODUCTION

OF

PRIVILEGED

OR

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OTHERWISE PROTECTED MATERIAL

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10.1 If information subject to a claim of attorney-client privilege, work

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product protection or other privilege or protection is inadvertently produced, such

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production shall not constitute waiver of such privilege or protection pursuant to

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Federal Rule of Evidence 502. When a Producing Party gives notice to Receiving

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Parties that certain inadvertently produced material is subject to a claim of

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privilege or other protection, the obligations of the Receiving Parties are those set

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forth in the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

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11.

MISCELLANEOUS

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11.1 Right to Further Relief. Nothing in this Order abridges the right of

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any person to seek its modification by agreement of the Parties or by the Court in
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

the future.

Provided, however, that no modification of this Protective Order

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pursuant to the agreement of the Parties shall have the force or effect of a Court

3

order unless the Court approves the modification.

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11.2 Termination of Matter and Retention of Jurisdiction. The Parties

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agree that the terms of this Protective Order shall survive and remain in effect after

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the Final Disposition of the above-captioned matter.

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jurisdiction after Final Disposition of this matter to hear and resolve any disputes

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arising out of this Protective Order.

The Court shall retain

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11.3 Successors. This Order shall be binding upon the Parties hereto, their

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attorneys, and their successors, executors, personal representatives, administrators,

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legal representatives, assigns, subsidiaries, divisions, employees, agents, retained

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consultants and Experts, and any persons or organizations over which they have

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direct control.
11.4 Federal Reserve Communications.

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Nothing in this agreement is

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intended to or shall (1) restrict Defendants from providing information to Federal

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Reserve supervisory staff; (2) require or permit, without the prior approval of the

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Federal Reserve, Defendants to disclose to any other Party or non-Party that any

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information will be or was provided to Federal Reserve supervisory staff; or (3)

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require or permit, without the prior approval of the Federal Reserve, Defendants to

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inform any other Party or non-Party of a current or upcoming Federal Reserve

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examination or any nonpublic Federal Reserve supervisory initiative or action.

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12.

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ENFORCEMENT
The Parties and signatories to this Stipulated Protective Order intend that

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this Protective Order shall be fully enforceable in this Litigation.

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that intent, each of the Parties and signatories to this Protective Order consents to

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the jurisdiction of this Court to enforce any provision of this Protective Order to

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the fullest extent permitted by law, subject to the following terms and conditions:

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

To effectuate

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12.1 Because the aggrieved party does not have an adequate remedy at law

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and would suffer irreparable harm absent the ability to enforce the Protective Order

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through restraining order or injunction, the Parties agree that any aggrieved party

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shall be entitled to enforce the Protective Order through a restraining order or

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injunction requiring the violating party to immediately cease and desist from the

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violation and take all necessary actions to remedy the violation and ensure that the

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violation is corrected so as to ensure that any improperly used or disclosed

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information retains the confidentiality protections that existed prior to the

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occurrence of the violation. Such equitable remedies shall be in addition to, and

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not exclusive of, all other legal rights and remedies available to such Party under

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the law.

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12.2 Within 48 hours of notification of a violation of the Protective Order,

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the Parties shall meet and confer in an attempt to resolve the dispute informally. If

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the meet and confer fails to resolve the dispute, the aggrieved Party shall be

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entitled to immediately seek relief from this Court. If any Party notifies the other

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Parties that they believe a violation of the Protective Order has occurred, the other

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Parties, including the Party accused of violating the Order, shall immediately cease

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and desist from the conduct giving rise to the enforcement claim and shall take all

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necessary steps to mitigate any further alleged harm and maintain the status quo

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prior to the alleged violation, until such time as the Court rules on the merits of the

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aggrieved Party’s claim that the Order was violated.

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12.3

For the avoidance of doubt, notwithstanding the right of the aggrieved

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right to apply for emergency injunctive relief, the Parties expressly reserve all of

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their other legal and equitable rights to enforce the Protective Order.

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: May 8, 2013

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By:/s/ Zachary J. Alinder
PETER OBSTLER
ZACHARY J. ALINDER
Attorneys for Defendants Chase Home
Finance, LLC; Chase Home Finance, Inc.,
and JPMorgan Chase Bank, N.A.

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BINGHAM MCCUTCHEN LLP

Dated: May 8, 2013

MOWER & CARREON, LLP

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By:/s/ Dan J. Bulfer
JON R. MOWER
DAN J. BULFER
Attorneys for Plaintiffs Michael Rex and
Naomi Rex

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Dated: May 8, 2013

HARBIN & McCARRON
By: /s/ Bruce Harbin
BRUCE HARBIN
Attorneys for Plaintiffs Michael Rex and
Naomi Rex

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

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ATTESTATION OF SIGNATURE

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I, Dan J. Bulfer, am the ECF User whose ID and Password were used to

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electronically file this Stipulation and [Proposed] Protective Order re: Confidential

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Information. Pursuant to Central District of California Local Rule 5-4.3.4(a)(2), I

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hereby attest that all other signatories listed, and on whose behalf this filing is

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submitted, concur in the content of this filing and have authorized the electronic

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filing thereof.
/s/ Dan J. Bulfer
Dan J. Bulfer, Esq.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

2013

___________________________________
Hon. Robert N. Block
United States Magistrate Judge

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER

1

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

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address], declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was agreed to by the Parties to the

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litigation entitled Michael Rex, et al. v. Chase Home Finance, LLC, Case No.

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SACV12-609 DOC (RNBx) (“Litigation”). I agree to comply with and to be

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bound by all the terms of this Stipulated Protective Order (“Order”) and I

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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 Order to

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any person or entity except in strict compliance with the provisions of this Order.

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

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Court in which the Litigation is pending for the purpose of enforcing the terms of

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this Order, even if such enforcement proceedings occur after termination of this

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action.

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Date: ______________________________

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City and State where sworn and signed: __________________

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Printed name: ______________________ ___________

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Signature: __________________________________

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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
RE: CONFIDENTIAL INFORMATION