Daniel Melcher et al v. Nationstar Mortgage LLC et al

Filing 30


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1 2 3 4 5 6 TROUTMAN PEPPER HAMILTON SANDERS LLP Jared D. Bissell, Bar No. 272687 jared.bissell@troutman.com 11682 El Camino Real, Suite 400 San Diego, CA 92130 Telephone: 858-509-6000 Facsimile: 858-509-6040 Note changes made by the Court. Attorneys for Defendant NATIONSTAR MORTGAGE LLC d/b/a MR. COOPER 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 DANIEL MELCHER, LINDA MELCHER, 12 13 14 15 16 17 Plaintiffs, v. Case No. 8:20-cv-00051-JVS-KES STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION; AND PROPOSED ORDER NATIONSTAR MORTGAGE LLC, D/B/A MR. COOPER; EQUIFAX INC.; EXPERIAN INFORMATION SOLUTIONS, INC.; TRANS UNION LLS, and DOES 1-10 inclusive, Defendants. 18 19 20 21 THE PARTIES—Plaintiffs, DANIEL MELCHER and LINDA MELCHER 22 (“Plaintiffs”), and Defendant, NATIONSTAR MORTGAGE LLC D/B/A MR. 23 COOPER (“Defendant”)—by and through their respective counsel, hereby stipulate 24 for the purpose of jointly requesting the honorable Court enter a protective order re 25 confidential documents in this matter (and pursuant to Fed. R. Civ. P. 5.2, 7, and 26, 26 as well as U.S. Dist. Ct., C.D. Cal. L.R. 79) as follows: 27 28 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production 3 of confidential, proprietary, or private information for which special protection from 4 public disclosure and from use for any purpose other than prosecuting this litigation 5 would be warranted. Accordingly, the parties hereby stipulate to and petition the 6 court to enter the following Stipulation and Order. The parties acknowledge that this 7 Stipulation and Order does not confer blanket protections on all disclosures or 8 responses to discovery and that the protection it affords extends only to the limited 9 information or items that are entitled, under the applicable legal principles, to 10 treatment as confidential. The parties further acknowledge, as set forth below, that 11 this Stipulation and Order creates no entitlement to file confidential information 12 under seal; Central District Local Rule 79-5.2.2 sets forth the procedures that must 13 be followed and reflects the standards that will be applied when a Party seeks 14 permission from the court to file material under seal. 15 Nothing in this Stipulation and Order shall be construed so as to require or 16 mandate that any Party disclose or produce privileged information or records that 17 could be designated as Confidential Documents/Protected Material hereunder. 18 2. 19 DEFINITIONS 2.1. Party: any Party to this action, including all of its officers, directors, 20 employees, consultants, retained experts, house counsel, and outside counsel (and 21 their support staff). 22 2.2. Disclosure or Discovery Material: all items or information, regardless 23 of the medium or manner generated, stored or maintained (including, among other 24 things, testimony, transcripts, or tangible things) that are produced or generated in 25 disclosures or responses to discovery by any Party in this matter. 26 27 2.3. “Confidential” Information or Items: information (regardless of the medium or how generated, stored, or maintained) or tangible things that qualify for 28 -2STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 protection under standards developed under Federal Rule of Civil Procedure 26(c) 2 and/or applicable federal privileges. 3 2.4. Receiving Party: a Party that receives Disclosure or Discovery Material 4 from a Producing Party, including a Party that has noticed or subpoenaed and is 5 taking a deposition or comparable testimony. 6 2.5. Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this action, including a Party that is defending a deposition 8 noticed or subpoenaed by another Party; additionally, for the limited purpose of 9 designating testimony subject to this Stipulation and Order pursuant to section 5.2(b) 10 (infra), a “Producing Party” shall also be construed to include a Party that is attending 11 and/or participating in a Non-Party deposition noticed/subpoenaed by another Party. 12 2.6. Designating Party: a Party or Non-Party that designates information or 13 items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL.” 15 2.7. Protected Material: any Disclosure or Discovery Material that is 16 designated as “CONFIDENTIAL” under the provisions of this Stipulation and 17 Protective Order. (The term “Confidential Document” shall be synonymous with the 18 term “Protected Material” for the purposes of this Stipulation and Protective Order.) 19 2.8. Outside Counsel: attorneys who are not employees of a Party but who 20 are retained to represent or advise a Party in this action (as well as their support 21 staffs). 22 23 24 25 2.9. House Counsel: attorneys who are employees of a Party (as well as their support staffs). 2.10. Counsel (without qualifier): Outside Counsel and House Counsel (as well as their support staffs). 26 2.11. Expert: a person with specialized knowledge or experience in a matter 27 pertinent to the litigation who has been retained by a Party or its counsel to serve as 28 an expert witness or as a consultant in this action and who is not a past or a current -3STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 employee of a Party and who, at the time of retention, is not anticipated to become 2 an employee of a Party or a competitor of a Party’s; as well as any person retained, 3 designated, or disclosed by a Party as an expert pursuant to Federal Rule of Civil 4 Procedure 26(a)(2). 5 2.12. Professional Vendors: persons or entities that provide litigation support 6 services (e.g., photocopying; videotaping; translating; preparing exhibits or 7 demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and 8 their employees and subcontractors. 9 3. SCOPE 10 The protections conferred by this Stipulation and Order cover not only 11 Protected Material/Confidential Documents (as defined above), but also (1) any 12 information copied or extracted from Protected Material; (2) all copies, excerpts, 13 summaries, or compilations of Protected Material; and (3) any testimony, 14 conversations, or presentations by Parties or their Counsel that might reveal Protected 15 Material. However, the protections conferred by this Stipulation and Order do not 16 cover the following information: (a) any information that is in the public domain at 17 the time of disclosure to a Receiving Party or becomes part of the public domain after 18 its disclosure to a Receiving Party as a result of publication not involving a violation 19 of this Order, including becoming part of the public record through trial or otherwise; 20 and (b) any information known to the Receiving Party prior to the disclosure or 21 obtained by the Receiving Party after the disclosure from a source who obtained the 22 information lawfully and under no obligation of confidentiality to the Designating 23 Party. Any use of Protected Material at trial shall not be governed by this Order, and 24 may be governed by a separate agreement or order. 25 4. DURATION 26 Even after final disposition of this litigation, the confidentiality obligations 27 imposed by this Order shall remain in effect until a Designating Party agrees 28 otherwise in writing or a court order otherwise directs. Final disposition shall be -4STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 deemed to be the later of (1) dismissal of all claims and defenses in this action, with 2 or without prejudice; and (2) final judgment herein after the completion and 3 exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action, 4 including the time limits for filing any motions or applications for extension of time 5 pursuant to applicable law. 6 5. 7 8 DESIGNATING DOCUMENTS 5.1. PROTECTED MATERIAL/CONFIDENTIAL Exercise of Restraint and Care in Designating Material for Protection. 9 Each Party or Non-Party that designates information or items for protection under 10 this Order must take care to limit any such designation to specific material that 11 qualifies under the appropriate standards. A Designating Party must take care to 12 designate for protection only those parts of material, documents, items, or oral or 13 written communications that qualify – so that other portions of the material, 14 documents, items or communications for which protection is not warranted are not 15 swept unjustifiably within the ambit of this Order. 16 5.2. Manner and Timing of Designations. Except as otherwise provided in 17 this Order, or as otherwise stipulated or ordered, material that qualifies for protection 18 under this Order must be clearly so designated in said responses or on the record at 19 the deposition and requesting the preparation of a separate transcript of such material. 20 In addition, a Party or Non-Party may designate in writing, within thirty (30) 21 days after receipt of said responses or of the deposition transcript for which the 22 designation is proposed, that specific pages of the transcript and/or specific responses 23 be treated as “CONFIDENTIAL.” Any other Party may object to such proposal, in 24 writing or on the record. 25 After any designation made according to the procedure set forth in this 26 paragraph, the designated documents or information shall be treated according to the 27 designation until the matter is resolved according to the procedures described in 28 section 6, infra, and counsel for all parties shall be responsible for marking all -5STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 previously unmarked copies of the designated material in their possession or control 2 with the specified designation. 3 A Party that makes original documents or materials available for inspection 4 need not designate them as Confidential Information until after the inspecting Party 5 has indicated which materials it would like copied and produced. During the 6 inspection and before the designation and copying, all of the material made available 7 for inspection shall be considered Confidential Information. 5.3. 8 Inadvertent Failures to Designate. If timely corrected (preferably, 9 though not necessarily, within 30 days of production or disclosure of such material), 10 an inadvertent failure to designate qualified information or items as 11 “CONFIDENTIAL” does not, standing alone, waive the Designating Party’s right to 12 secure protection under this Order for such material. If material is appropriately 13 designated as “CONFIDENTIAL” after the material was initially produced, the 14 Receiving Party, on timely notification of the designation, must make reasonable 15 efforts to assure that the material is treated in accordance with this Order. 5.4. 16 Alteration of Confidentiality Stamp. A Receiving Party shall not alter, 17 edit, or modify any Protected Material so as to conceal, obscure, or remove a 18 “CONFIDENTIAL” stamp or legend thereon; nor shall a Receiving Party take any 19 other action so as to make it appear that Protected Material is not subject to the terms 20 and provisions of this Stipulation and Order. 21 However, nothing in this section shall be construed so as to prevent a 22 Receiving Party from challenging a confidentiality designation subject to the 23 provisions of section 6, infra. 24 6. 25 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1. Timing of Challenges. Any Party or Non-Party may challenge a 26 designation of confidentiality at any time prior to the first day of trial of the matter 27 allowed by the scheduling order. Unless a prompt challenge to a Designating 28 Party’s confidentiality designation is necessary to avoid foreseeable substantial -6STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 unfairness, unnecessary economic burdens, or a later significant disruption or delay 2 of the litigation, a Party does not waive its right to challenge a confidentiality 3 designation by electing not to mount a challenge promptly after the original 4 designation is disclosed. 5 6.2. Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process by providing written notice of each designation it is challenging 7 and describing the basis for each challenge. To avoid ambiguity as to whether a 8 challenge has been made, the written notice must recite that the challenge to 9 confidentiality is being made in accordance with this specific paragraph of the 10 Protective Order. The parties shall attempt to resolve each challenge in good faith 11 and must begin the process by conferring directly (in voice to voice dialogue; other 12 forms of communication are not sufficient) within 14 days of the date of service of 13 notice. In conferring, the Challenging Party must explain the basis for its belief that 14 the confidentiality designation was not proper and must give the Designating Party 15 an opportunity to review the designated material, to reconsider the circumstances, 16 and, if no change in designation is offered, to explain the basis for the chosen 17 designation. A Challenging Party may proceed to the next stage of the challenge 18 process only if it has engaged in this meet and confer process first or establishes that 19 the Designating Party is unwilling to participate in the meet and confer process in a 20 timely manner. 21 6.3. Judicial Intervention. If the Parties cannot resolve a challenge without 22 court intervention, the Challenging Party shall file and serve a motion to remove 23 confidentiality no less than seven (7)—and no more than twenty-one (21)—days after 24 the parties agreeing that the meet and confer process will not resolve their dispute, or 25 by the first day of trial of this matter, whichever date is earlier, unless the parties 26 agree in writing to a longer time. Each such motion must be accompanied by a 27 competent declaration affirming that the movant has complied with the meet and 28 confer requirements imposed in the preceding paragraph. In addition, the Challenging -7STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 Party may file a motion challenging a confidentiality designation at any time allowed 2 by the scheduling order if there is good cause for doing so, including a challenge to 3 the designation of a deposition transcript or any portions thereof. Any motion brought 4 pursuant to this provision must be accompanied by a competent declaration affirming 5 that the movant has complied with the meet and confer requirements imposed by the 6 preceding paragraph. 7 The burden of persuasion in any such challenge proceeding shall be on the 8 Designating Party, regardless of whether the Designating Party is the moving Party 9 or whether such Party sought or opposes judicial intervention. Frivolous challenges, 10 and those made for an improper purpose (e.g., to harass or impose unnecessary 11 expenses and burdens on other parties) may expose the Challenging Party to 12 sanctions. Unless the Designating Party has waived the confidentiality designation 13 by failing to oppose a motion to remove confidentiality as described above, all parties 14 shall continue to afford the material in question the level of protection to which it is 15 entitled under the Producing Party’s designation until the court rules on the challenge. 16 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a 17 Designating Party may remove Protected Material/Confidential Documents from 18 some or all of the protections and provisions of this Stipulation and Order at any time 19 by any of the following methods: 20 a. Express Written Withdrawal. A Designating Party may withdraw 21 a “CONFIDENTIAL” designation made to any specified Protected 22 Material/Confidential Documents from some or all of the protections of this 23 Stipulation and Order by an express withdrawal in a writing signed by such 24 Party (or such Party’s Counsel, but not including staff of such Counsel) that 25 specifies and itemizes the Disclosure or Discovery Material previously 26 designated as Protected Material/Confidential Documents that shall no longer 27 be subject to all or some of the provisions of this Stipulation and Order. Such 28 express withdrawal shall be effective when transmitted or served upon the -8STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 Receiving Party. If a Designating Party is withdrawing Protected Material 2 from only some of the provisions/protections of this Stipulation and Order, 3 such Party must state which specific provisions are no longer to be enforced 4 as to the specified material for which confidentiality protection hereunder is 5 withdrawn: otherwise, such withdrawal shall be construed as a withdrawal of 6 such material from all of the protections/provisions of this Stipulation and 7 Order; 8 b. Express Withdrawal on the Record. A Designating Party may 9 withdraw a “CONFIDENTIAL” designation made to any specified Protected 10 Material/Confidential Documents from all of the provisions/protections of this 11 Stipulation and Order by verbally consenting in court proceedings on the 12 record to such withdrawal – provided that such withdrawal specifies the 13 Disclosure or Discovery Material previously designated as Protected 14 Material/Confidential Documents that shall no longer be subject to any of the 15 provisions of this Stipulation and Order. A Designating Party is not permitted 16 to withdraw Protected Material from only some of the protections/provisions 17 of this Stipulation and Order by this method; 18 c. Implicit Withdrawal by Publication or Failure to Oppose 19 Challenge. A Designating Party shall be construed to have withdrawn a 20 “CONFIDENTIAL” 21 Material/Confidential Documents from all of the provisions/protections of this 22 Stipulation 23 Material/Confidential Records part of the public record – including but not 24 limited to attaching such as exhibits to any filing with the court without 25 moving, prior to such filing, for the court to seal such records; or (2) failing to 26 timely oppose a Challenging Party’s motion to remove a “CONFIDENTIAL” 27 designation to specified Protected Material/Confidential Documents. Nothing 28 in this Stipulation and Order shall be construed so as to require any Party to and designation Order by made either to (1) any specified making such -9STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION Protected Protected 1 file Protected Material/Confidential Documents under seal, unless expressly 2 specified herein. 3 4 7. ACCESS TO, AND USE OF, PROTECTED MATERIAL 7.1. Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this 6 case only for preparing, prosecuting, defending, or attempting to settle this litigation 7 – up to and including final disposition of the above-entitled action – and not for any 8 other purpose, including any other litigation or dispute outside the scope of this 9 action. Such Protected Material may be disclosed only to the categories of persons 10 and under the conditions described in this Stipulation and Order. When the above 11 entitled litigation has been terminated, a Receiving Party must comply with the 12 provisions of section 12, below (FINAL DISPOSITION). 13 Protected Material must be stored and maintained by a Receiving Party at a 14 location and in a secure manner that ensures that access is limited to the persons 15 authorized under this Stipulation and Order. 16 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 17 otherwise ordered by the court or permitted in writing by the Designating Party, a 18 Receiving Party may disclose any information or item designated CONFIDENTIAL 19 only to: 20 21 a. Counsel for the respective parties to this litigation, including in- house counsel and co-counsel retained for this litigation; 22 b. Employees of such counsel; 23 c. Individual parties or officers or employees of a Party, to the extent 24 25 deemed necessary by counsel for the prosecution or defense of this litigation; d. Consultants or expert witnesses retained for the prosecution or 26 defense of this litigation, provided that each such person shall execute a copy 27 of the Certification annexed to this Order (which shall be retained by counsel 28 to the Party so disclosing the Confidential Information and made available for - 10 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 inspection by opposing counsel during the pendency or after the termination 2 of the action only upon good cause shown and upon order of the Court) before 3 being shown or given any Confidential Information, and provided that if the 4 Party chooses a consultant or expert employed by the defendant or one of its 5 competitors, the Party shall notify the opposing Party, or designating Non- 6 Party, before disclosing any Confidential Information to that individual and 7 shall give the opposing Party an opportunity to move for a protective order 8 preventing or limiting such disclosure; 9 e. Any authors or recipients of the Confidential Information; 10 f. The Court, court personnel, and court reporters; and 11 g. Witnesses (other than persons described in Paragraph 4(e)). A 12 witness shall sign the Certification before being shown a confidential 13 document. Confidential Information may be disclosed to a witness who will 14 not sign the Certification only in a deposition at which the Party who 15 designated the Confidential Information is represented or has been given 16 notice that Confidential Information produced by the Party may be used. At 17 the request of any Party, the portion of the deposition transcript involving the 18 Confidential Information shall be designated “Confidential” pursuant to 19 section 5, supra. Witnesses shown Confidential Information shall not be 20 allowed to retain copies. 21 7.3. Notice of Confidentiality. Prior to producing or disclosing Protected 22 Material/Confidential Documents to persons to whom this Stipulation and Order 23 permits disclosure or production (see section 7.2, supra but not 7.2(f)), a Receiving 24 Party shall provide a copy of this Stipulation and Order to such persons so as to put 25 such persons on notice as to the restrictions imposed upon them herein: except that, 26 for court reporters, Professional Vendors, and for witnesses being provided with 27 Protected Material during a deposition, it shall be sufficient notice for Counsel for 28 the Receiving Party to give the witness a verbal admonition (on the record, for - 11 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 witnesses) regarding the provisions of this Stipulation and Order and such provisions’ 2 applicability to specified Protected Material at issue. 7.4. 3 Reservation of Rights. Nothing in this Stipulation and Order shall be 4 construed so as to require any Producing Party to designate any records or materials 5 as “CONFIDENTIAL.” Nothing in this Stipulation and Order shall be construed so 6 as to prevent the admission of Protected Material into evidence at the trial of this 7 action, or in any appellate proceedings for this action, solely on the basis that such 8 Disclosure 9 Material/Confidential Documents. Notwithstanding the foregoing, nothing in this 10 Stipulation and Order shall be construed as a waiver of any privileges or of any rights 11 to object to the use or admission into evidence of any Protected Material in any 12 proceeding; nor shall anything herein be construed as a concession that any privileges 13 asserted or objections made are valid or applicable. Nothing in this Stipulation and 14 Order shall be construed so as to prevent the Producing Party (or its Counsel or 15 custodian of records) from having access to and using Protected Material designated 16 by that Party in the manner in which such persons or entities would typically use such 17 materials in the normal course of their duties or profession – except that the waiver 18 of confidentiality provisions shall apply (see section 6.4(c), supra). 19 8. 20 or Discovery Material has been designated PROTECTED MATERIAL SUBPOENAED PRODUCED IN OTHER LITIGATION OR as Protected ORDERED 21 If a Party is served with a subpoena or a court order issued in other litigation 22 that compels disclosure of any information or items designated in this action as 23 “CONFIDENTIAL,” that Party must: 24 a. promptly notify in writing the Designating Party, preferably 25 (though not necessarily) by facsimile or electronic mail. Such notification shall 26 include a copy of the subpoena or court order; 27 28 b. promptly notify in writing the Party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by - 12 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 the subpoena or order is subject to this Protective Order. Such notification shall 2 include a copy of this Stipulated Protective Order; and c. 3 cooperate with respect to all reasonable procedures sought to be 4 pursued by all sides in any such situation, while adhering to the terms of this 5 order. 6 If the Designating Party timely seeks a protective order, the Party served with 7 the subpoena or court order shall not produce any information designated in this 8 action as “CONFIDENTIAL” before a determination by the court from which the 9 subpoena or order issued, unless the Party has obtained the Designating Party’s 10 permission. The Designating Party shall bear the burden and expense of seeking 11 protection in that court of its confidential material – and nothing in these provisions 12 should be construed as authorizing or encouraging a Receiving Party in this action to 13 disobey a lawful directive from another court. 14 The purpose of this section is to ensure that the affected Party has a meaningful 15 opportunity to preserve its confidentiality interests in the court from which the 16 subpoena or court order issued. 17 9. 18 19 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 9.1. The terms of this Stipulation and Order are applicable to information 20 produced by a Non-Party in this action and designated as “CONFIDENTIAL.” Such 21 information produced by Non-Parties in connection with this litigation is protected 22 by the remedies and relief provided by this Stipulation and Order. Nothing in these 23 provisions should be construed as prohibiting a Non-Party from seeking additional 24 protections. 25 9.2. A Party may designate as “CONFIDENTIAL” documents or discovery 26 materials produced by a Non-Party by providing written notice to all parties of the 27 relevant document numbers or other identification within thirty (30) days after 28 receiving such documents or discovery materials. - 13 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 9.3. 1 In the event that a Party is required, by a valid discovery request, to 2 produce a Non-Party’s confidential information in its possession, and the Party is 3 subject to an agreement with the Non-Party not to produce the Non-Party’s 4 confidential information, then the Party shall: a. 5 promptly notify in writing the Requesting Party and the Non- 6 Party that some or all of the information requested is subject to a 7 confidentiality agreement with a Non-Party; b. 8 promptly provide the Non-Party with a copy of the Stipulation and Order in this litigation, the relevant discovery request(s), and a reasonably 9 specific description of the information requested; and 10 c. 11 12 Non-Party. 13 9.4. make the information requested available for inspection by the If the Non-Party fails to object or seek a protective order from this court 14 within 14 days of receiving the notice and accompanying information, the Receiving 15 Party may produce the Non-Party’s confidential information responsive to the 16 discovery request. If the Non-Party timely seeks a protective order, the Receiving 17 Party shall not produce any information in its possession or control that is subject to 18 the confidentiality agreement with the Non-Party before a determination by the 19 court.1 Absent a court order to the contrary, the Non-Party shall bear the burden and 20 expense of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 10.1. Unauthorized Disclosure of Protected Material. If a Receiving Party 23 learns that, by inadvertence or otherwise, it has disclosed Protected Material to any 24 person or in any circumstance not authorized under this Stipulation and Order, the 25 Receiving Party must immediately (a) notify in writing the Designating Party of the 26 27 28 1 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this court. - 14 - STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected 2 Material, (c) inform the person or persons to whom unauthorized disclosures were 3 made of all the terms of this Order, and (d) request such person or persons consent to 4 be bound by the Stipulation and Order. 5 10.2. Inadvertent Production of Privileged or Otherwise Protected Material. 6 When a Producing Party gives notice to Receiving Parties that certain inadvertently 7 produced material is subject to a claim of privilege or other protection, the obligations 8 of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 9 26(b)(5)(B). This provision is not intended to modify whatever procedure may be 10 established in an e-discovery order that provides for production without prior 11 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 12 parties reach an agreement on the effect of disclosure of a communication or 13 information covered by the attorney-client privilege or work product protection, the 14 parties may incorporate their agreement in the stipulated protective order submitted 15 to the court. 16 11. PUBLICATION OF PROTECTED MATERIAL 17 11.1. Filing of Protected Material Under Seal 18 A Party that files with the Court, or seeks to use at trial, materials designated 19 as “CONFIDENTIAL,” and who seeks to have the record containing such 20 information sealed, shall submit to the Court a motion or an application to seal, 21 pursuant to Federal Rule of Civil Procedure 26 and Central District Local Rule 22 79-5.2.2, to the extent applicable. 23 11.2. Filing of Protected Material Not Under Seal 24 A Party that files with the Court, or seeks to use at trial, materials designated 25 as “CONFIDENTIAL” by anyone other than itself, and who does not seek to have 26 the record containing such information sealed, shall comply with either of the 27 following requirements: Local Rule 79-5.2.2(b). 28 - 15 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION a. 1 At least ten (10) business days prior to the filing or use of the 2 Confidential Information, the submitting Party shall give notice to all other 3 parties, and to any non-Party that designated the materials as Confidential 4 Information pursuant to this Order, of the submitting Party’s intention to file 5 or use the Confidential Information, including specific identification of the 6 Confidential Information. Any affected Party or Non-Party may then file a 7 motion to seal, pursuant to California Rule of Court 2.551(b); or b. 8 At the time of filing or desiring to use the Confidential 9 Information, the submitting Party shall submit the materials pursuant to the 10 lodging-under seal provision of California Rule of Court 2.551(d). Any 11 affected Party or Non-Party may then file a motion to seal, pursuant to the 12 California Rule of Court 2.551(b), within ten (10) business days after such 13 lodging. Documents lodged pursuant to California Rule of Court 2.551(d) shall 14 bear a legend stating that such materials shall be unsealed upon expiration of 15 ten (10) business days, absent the filing of a motion to seal pursuant to Rule 16 2.551(b) or Court Order. 17 11.3. Public Dissemination of Protected Material 18 A Receiving Party shall not publish, release, post, or disseminate Protected 19 Material to any persons except those specifically delineated and authorized by this 20 Stipulation and Order (see section 8, supra); nor shall a Receiving Party publish, 21 release, leak, post, or disseminate Protected Material/Confidential Documents to any 22 news media, member of the press, website, or public forum (except as permitted under 23 sections 11.1 and 11.2, supra, regarding filings with the court in this action and under 24 seal). 25 12. FINAL DISPOSITION 26 Unless otherwise ordered or agreed in writing by the Producing Party, within 27 thirty (30) days after the final termination of this action -- defined as the dismissal or 28 entry of judgment by the above named court, or if an appeal is filed, the disposition - 16 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 of the appeal -- upon written request by the Producing Party, each Receiving Party 2 must return all Protected Material to the Producing Party – whether retained by the 3 Receiving Party or its Counsel, Experts, Professional Vendors, or any Non-Party to 4 whom the Receiving Party produced or shared such records or information except 5 the Court and Court personnel. As used in this subdivision, “all Protected 6 Material” includes all copies, abstracts, compilations, summaries or any other form 7 of reproducing or capturing any of the Protected Material, regardless of the medium 8 (hardcopy, electronic, or otherwise) in which such Protected Material is stored or 9 retained. 10 In the alternative, at the discretion of the Receiving Party, the Receiving Party 11 may destroy some or all of the Protected Material instead of returning it – unless such 12 Protected Material is an original, in which case, the Receiving Party must obtain the 13 Producing Party’s written consent before destroying such original Protected Material. 14 Whether the Protected Material is returned or destroyed, the Receiving Party must 15 submit a written certification to the Producing Party (and, if not the same person or 16 entity, to the Designating Party) within thirty (30) days of the aforementioned written 17 request by the Designating Party that specifically identifies (by category, where 18 appropriate) all the Protected Material that was returned or destroyed and that affirms 19 that the Receiving Party has not retained any copies, abstracts, compilations, 20 summaries or other forms of reproducing or capturing any of the Protected material 21 (in any medium, including but not limited to any hardcopy, electronic or digital copy, 22 or otherwise). Notwithstanding this provision, Counsel are entitled to retain an 23 archival copy of all pleadings, motion papers, transcripts, legal memoranda filed with 24 the court in this action, as well as any correspondence or attorney work product 25 prepared by Counsel for the Receiving Party, even if such materials contain Protected 26 Material; however, any such archival copies that contain or constitute Protected 27 Material remain subject to this Protective Order as set forth in Section 4 28 - 17 STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION 1 (DURATION), above. This court shall retain jurisdiction in the event that a 2 Designating Party elects to seek court sanctions for violation of this section. 3 13. 13.1. Right to Further Relief. Nothing in this Stipulation and Order abridges 4 5 MISCELLANEOUS the right of any person to seek its modification by the Court in the future. 6 13.2. Right to Assert Other Objections. By stipulating to the entry of this 7 Protective Order no Party waives any right it otherwise would have to object to 8 disclosing or producing any information or item on any ground not addressed in this 9 Stipulation and Order. Similarly, no Party waives any right to object on any ground 10 to use in evidence any of the material covered by this Protective Order. 13.3. This Stipulation may be signed in counterpart and a facsimile or 11 12 electronic signature shall be as valid as an original signature. 13 14 IT IS SO STIPULATED 15 16 Dated: September 11, 2020 17 /s/ Adrian R. Bacon Adrian R. Bacon Attorney for Plaintiffs Daniel Melcher and Linda Melcher 18 19 20 21 Dated: 22 September 11, 2020 TROUTMAN PEPPER HAMILTON SANDERS LLP /s/ Jared D. Bissell2 Jared D. Bissell 23 24 Attorney for Defendant Nationstar Mortgage LLC d/b/a Mr. Cooper 25 26 27 28 2 Pursuant to Central District Local Rule 5-4.3.4(2), filing counsel attests that all other signatories listed, and on whose behalf this filing is submitted, concurred in this filing and have approved its contents. - 18 - STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION ORDER 1 2 3 4 5 The Court, having considered the Parties’ Stipulation and Protective Order, and good cause appearing, it is hereby ORDERED that: 1. The Parties’ Stipulation and Protective Order is hereby approved as modified. 6 7 IT IS SO ORDERED. 8 9 Dated: September 11, 2020 Hon. Karen E. Scott 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 19 - STIPULATION AND PROTECTIVE ORDER RE: CONFIDENTIAL INFORMATION

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