Juan Carlos Mata v. Veros Auto Credit, Inc.

Filing 50

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jay C. Gandhi re Stipulation for Protective Order 43 . (kh)

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CARLSON & MESSER LLP
David J. Kaminski (SBN 128509)
[e-mail]
Stephen A. Watkins (SBN 205175)
[e-mail]
5959 W. Century Boulevard, Suite 1214
Los Angeles, California 90045
[phone] Telephone
[phone] Facsimile
Attorneys for Defendant
VEROS CREDIT, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JUAN CARLOS MATA on behalf of ) CASE NO. 8:16-cv-00098-DOC-JCG
)
himself and all others similarly
) STIPULATED PROTECTIVE
situated,
) ORDER
)
Plaintiffs,
)
v.
)
)
VEROS CREDIT, LLC
)
)
Defendant
)
)

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{00056037;1}

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PROTECTIVE ORDER
Case No. 8:16-cv-00098-DOC-JCG

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1.

PURPOSES AND LIMITATIONS

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

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A.

proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the parties hereby stipulate to and petition the Court to enter the following
Stipulated Protective Order. The parties acknowledge that this Order does not confer

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blanket protections on all disclosures or responses to discovery and that the protection it
affords from public disclosure and use extends only to the limited information or items
that are entitled to confidential treatment under the applicable legal principles. The

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parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

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Protective Order does not entitle them to file confidential information under seal; Civil

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

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will be applied when a party seeks permission from the court to file material under seal.
B.

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GOOD CAUSE STATEMENT

Defendant is a leading provider of auto financing solutions, and its policies and

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procedures help Defendant compete in that industry. Defendant seeks to maintain their
confidentiality as these documents relate to its competitive advantage. Plaintiff is

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seeking disclosure of those confidential policies and procedures in this lawsuit.
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Defendant seeks to maintain their confidentiality given their obvious relationship to
Defendant’s ability to generate revenue.

Defendant has taken significant steps to

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protect its confidential and sensitive business information. Public disclosure of these
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{00056037;1}

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PROTECTIVE ORDER
Case No. 8:16-cv-00098-DOC-JCG

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policies and procedures would enable Defendant’s competitors to employ Defendant’s
marketing tactics and possibly eliminate any practical competitive advantage.

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Information relating to how Defendant maintains its competitive advantage

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pursuant to its marketing policies and procedures are generally not disseminated to third
parties. Defendant’s contracts with third party vendors, primarily the financial terms
are typically not disseminated to third parties and may be subject to contractual

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limitations on disclosure. Public disclosure of these contracts may permit competitors
to base competing offers based on disclosed terms. Technical manuals regarding the
system used to make calls on behalf of Defendant are also not generally disclosed to

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third parties.
Moreover, Defendant’s financial status, is generally not disclosed to third parties

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as it also relates to its competitive advantage. Defendant asserts a privacy right in such

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materials.

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owners or employees. Defendant asserts such documents are also subject to a right of

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Plaintiff may also ultimately seek financial documents of Defendant’s

privacy.

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Therefore, this action involves trade secrets, confidential policies and procedures,

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and other valuable research, development, commercial, financial, technical and/or

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proprietary information or other private information for which special protection from
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public disclosure and from use for any purpose other than prosecution of this action is
warranted. Such confidential and proprietary materials and information consist of,

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among other things, confidential business or financial information, information
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{00056037;1}

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PROTECTIVE ORDER
Case No. 8:16-cv-00098-DOC-JCG

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regarding confidential business practices, and may also consist of other confidential
research, development, or commercial information (including information implicating
privacy rights of third parties), information otherwise generally unavailable to the

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public, or which may be privileged or otherwise protected from disclosure under state
or federal statutes, court rules, case decisions, or common law.

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

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resolution of disputes over confidentiality of discovery materials, to adequately protect
information the parties are entitled to keep confidential, to ensure that the parties are
permitted reasonable necessary uses of such material in preparation for and in the

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

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of justice, a protective order for such information is justified in this matter. It is the

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intent of the parties that information will not be designated as confidential for tactical

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reasons and that nothing be so designated without a good faith belief that it has been

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maintained in a confidential, non-public manner, and there is good cause why it should

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not be part of the public record of this case.

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2.

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DEFINITIONS
2.1

Action: this pending federal law suit.

2.2

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

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information or items under this Order.

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2.3

“CONFIDENTIAL” Information or Items: information (regardless of how

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it is generated, stored or maintained) or tangible things that qualify for protection under
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{00056037;1}

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PROTECTIVE ORDER
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Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
Statement.

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2.4

Counsel: Outside Counsel of Record and In-House Counsel (as well as their

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support staff, including contract or part-time attorneys).
2.5

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items

that

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

produces

in

disclosures

or

in

responses

to

discovery

as

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“CONFIDENTIAL.”
2.6

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

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

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

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in disclosures or responses to discovery in this matter.

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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 an

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expert witness or as a consultant in this Action.

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2.8

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

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

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2.9

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

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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 to

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this Action but are retained to represent or advise a party to this Action and have
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{00056037;1}

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PROTECTIVE ORDER
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appeared in this Action on behalf of that party or are affiliated with a law firm which
has appeared on behalf of that party, and includes support staff, contract and part-time
attorneys.

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2.11 Party: any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, and 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

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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

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

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(e.g.,

photocopying,

videotaping,

translating,

preparing

exhibits

or

their employees and subcontractors.

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2.14 Protected Material: any Disclosure or Discovery Material that is designated

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as “CONFIDENTIAL.”

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

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from a Producing Party.
3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected
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Material (as defined above), but also (1) any information copied or extracted from
Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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{00056037;1}

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PROTECTIVE ORDER
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Material; and (3) any testimony, conversations, or 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

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judge. This Order does not govern the use of Protected Material at trial.
4.

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DURATION
Once a case proceeds to trial, all of the information to be introduced that was

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previously designated as confidential or maintained pursuant to this protective order
becomes public and will be presumptively available to all members of the public,
including the press, unless compelling reasons supported by specific factual findings to

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proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v.

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City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing

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“good cause” showing for sealing documents produced in discovery from “compelling

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reasons” standard when merits-related documents are part of court record).
Accordingly, the terms of this protective order do not extend beyond the

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commencement of the trial.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or Non-Party that designates information or items for protection under this Order
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must take care to limit any such designation to specific material that qualifies under the
appropriate standards. The Designating Party must designate for protection only those

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parts of material, documents, items, or oral or written communications that qualify so
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{00056037;1}

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PROTECTIVE ORDER
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that other portions of the material, documents, items, or communications for which
protection is not warranted are not swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that

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are shown to be clearly unjustified or that have been made for an improper purpose
(e.g., to unnecessarily encumber the case development process or to impose
unnecessary expenses and burdens on other parties) may expose the Designating Party

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to sanctions.
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, that Designating Party must

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promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2

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Manner and Timing of Designations. Except as otherwise provided in this

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

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ordered, Disclosure or Discovery Material that qualifies for protection under this Order

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must be clearly so designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a)

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

but excluding transcripts of depositions or other pretrial or trial proceedings), that the

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Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
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“CONFIDENTIAL legend”), to each page that contains protected material. If only a
portion or portions of the material on a page qualifies for protection, the Producing

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{00056037;1}

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PROTECTIVE ORDER
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Party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).

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

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not designate them for protection until after the inspecting Party has indicated which
documents it would like copied and produced. During the inspection and before the
designation, all of the material made available for inspection shall be deemed

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“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
copied and produced, the Producing Party must determine which documents, or
portions thereof, qualify for protection under this Order. Then, before producing the

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

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

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

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

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for testimony given in depositions that the Designating Party identify the

Disclosure or Discovery Material on the record, before the close of the deposition all

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protected testimony.

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(c)

for information produced in some form other than documentary and for any

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other tangible items, that the Producing Party affix in a prominent place on the exterior
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of the container or containers in which the information is stored the legend
“CONFIDENTIAL.” If only a portion or portions of the information warrants

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{00056037;1}

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PROTECTIVE ORDER
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protection, the Producing Party, to the extent practicable, shall identify the protected
portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure

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to designate qualified information or items does not, standing alone, waive the
Designating Party’s right to secure protection under this Order for such material. Upon
timely correction of a designation, the Receiving Party must make reasonable efforts to

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assure that the material is treated in accordance with the provisions of this Order.
6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1

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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 Scheduling

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Order.

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6.2

Meet and Confer.

The Challenging Party shall initiate the dispute

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resolution process under Local Rule 37.1, et seq. Any discovery motion must strictly

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comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.6.3.

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6.3

Burden. The burden of persuasion in any such challenge proceeding shall

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be on the Designating Party. Frivolous challenges, and those made for an improper
purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)

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may expose the Challenging Party to sanctions. Unless the Designating Party has
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waived or withdrawn the confidentiality designation, all parties shall continue to afford
the material in question the level of protection to which it is entitled under the

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Producing Party’s designation until the Court rules on the challenge.
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{00056037;1}

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PROTECTIVE ORDER
Case No. 8:16-cv-00098-DOC-JCG

7.

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ACCESS TO AND USE OF PROTECTED MATERIAL

7.1

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

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
Protected Material may be disclosed only to the categories of persons and under the
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).
Protected Material must be stored and maintained by a Receiving Party at a

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

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authorized under this Order.
7.2

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Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise

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

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may disclose any information or item designated “CONFIDENTIAL” only to:
(a)

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

employees of said Outside Counsel of Record to whom it is reasonably necessary to

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disclose the information for this Action;

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(b)

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

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Receiving Party to whom disclosure is reasonably necessary for this Action;
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(c)

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

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

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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{00056037;1}

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PROTECTIVE ORDER
Case No. 8:16-cv-00098-DOC-JCG

(d)

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court reporters and their staff;

(f)

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the court and its personnel;

(e)

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professional jury or trial consultants, mock jurors, and Professional

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Vendors to whom disclosure is reasonably necessary for this Action and 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

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

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during their depositions, witnesses, and attorneys for witnesses, in the

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

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requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will

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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 agreed

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by the Designating Party or ordered by the court. Pages of transcribed deposition

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

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

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under this Stipulated Protective Order; and

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(i)

any mediator or settlement officer, and their supporting personnel, mutually

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agreed upon by any of the parties engaged in settlement discussions.
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8.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

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{00056037;1}

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PROTECTIVE ORDER
Case No. 8:16-cv-00098-DOC-JCG

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
“CONFIDENTIAL,” that Party must:

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(a)

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promptly notify in writing the Designating Party. Such notification shall

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 order to

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issue in the other litigation that some or all of the material covered by the subpoena or
order is subject to this Protective Order. Such notification shall include a copy of this
Stipulated Protective Order; and

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(c)

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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 with the

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

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“CONFIDENTIAL” before a determination by the court from which the subpoena or

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order issued, unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that court
of its confidential material and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this Action to disobey a lawful
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directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION
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{00056037;1}

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(a)

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The terms of this Order are applicable to information produced by a Non-

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

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provided by this Order. Nothing in these provisions should be 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, to

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produce a Non-Party’s confidential information in its possession, and the Party is
subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
information, then the Party shall:

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(1)

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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)

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promptly provide the Non-Party with a copy of the Stipulated Protective

Order in this Action, the relevant discovery request(s), and a reasonably specific
description of the information requested; and

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(3)

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make the information requested available for inspection by the Non-

Party, if requested.

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(c) If the Non-Party fails to seek a protective order from this court within 14 days
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of receiving the notice and accompanying information, the Receiving Party may
produce the Non-Party’s confidential information responsive to the discovery request.

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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
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{00056037;1}

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any information in its possession or control that is subject to the confidentiality
agreement with the Non-Party before a determination by the court. Absent a court order
to the contrary, the Non-Party shall bear the burden and expense of seeking protection

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

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

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

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

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

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Bound” that is attached hereto as Exhibit A.

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR

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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, the
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obligations of the Receiving Parties are those set forth in Federal Rule of Civil
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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{00056037;1}

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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
parties reach an agreement on the effect of disclosure of a communication or
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 to
the court.

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If a Designating Party inadvertently discloses information in connection with the

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pending litigation to another Party that the Designating Party thereafter claims to be
privileged or protected by the attorney-client privilege or attorney work product
protection (“Disclosed Protected Information”), the disclosure of the Disclosed

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Protected Information shall not constitute or be deemed a waiver or forfeiture of any

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claim of privilege or work product protection that the Designating Party would

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otherwise be entitled to assert with respect to the Disclosed Protected Information and

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its subject matter in this proceeding or in any other federal or state proceeding.
A Designating Party may assert in writing attorney-client privilege or work

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product protection with respect to Disclosed Protected Information. The Receiving

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Party must—unless it contests the claim of attorney-client privilege or work product
protection in accordance with sub-paragraph (c)—within five business days of receipt

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of that writing, (i) return or destroy all copies of the Disclosed Protected Information,
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and (ii) provide a certification of counsel that all of the Disclosed Protected Information
has been returned or destroyed. Within five business days after assertion of attorney-

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client privilege or work product protection with respect to Disclosed Protected
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{00056037;1}

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Information, the Designating Party must produce a privilege log with respect to the
Disclosed Protected Information.

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12.

MISCELLANEOUS

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

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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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Protective Order no Party waives any right it otherwise would have to object to
disclosing or producing any information or item on any ground not addressed in this
Stipulated Protective Order. Similarly, no Party waives any right to object on any

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grounds to use in evidence of any of the material covered by this Protective Order.
12.3 Filing Protected Material. A Party that seeks to file under seal any Protected

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

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under seal pursuant to a court order authorizing the sealing of the specific Protected

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

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

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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 all
Protected Material to the Producing Party or destroy such material. As used in this

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subdivision, “all Protected Material” includes all copies, abstracts, compilations,
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summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving Party
must submit a written certification to the Producing Party (and, if not the same person

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or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
category, where appropriate) all the Protected Material that was returned or destroyed
and (2) affirms that the Receiving Party has not retained any copies, abstracts,

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compilations, summaries or any other format reproducing or capturing any of the
Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

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legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney

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

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

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

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14. Any violation of this Order may be punished by any and all appropriate

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measures including, without limitation, contempt proceedings and/or monetary

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sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: October 18, 2016

LAW OFFICES OF KIRA RUBEL

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s/ Kira Rubel
Kira Rubel
Attorneys for Plaintiff
JUAN CARLOS MATA

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{00056037;1}

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PROTECTIVE ORDER
Case No. 8:16-cv-00098-DOC-JCG

1

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

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

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_____________________________

[print

or

type

full

name],

of

perjury that I have read in its entirety and understand the Stipulated Protective Order that was
issued by the United wStates District Court for the Central District of California on [date] in
the case of John Carlos Mata v. Veros Credit, LLC, 8:16-cv-00098-DOC-JCG. I agree to

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comply with and to be bound by all the terms of this Stipulated Protective Order and I
understand and acknowledge that failure to so comply could expose me to sanctions and

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punishment in the nature of contempt. I solemnly promise that I will not disclose in any

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manner any information or item that is subject to this Stipulated Protective Order to any person

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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 Court for the

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

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

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I

hereby

appoint

__________________________

[print

or

type

full

name]

of

_______________________________________ [print or type full address and telephone
number] as my California agent for service of process in connection with this action or any

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proceedings related to enforcement of this Stipulated Protective Order.

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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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{00056037;1}

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PROTECTIVE ORDER
8:16-cv-00098-DOC-JCG