Camera Kem v. Citizens Bank, N.A. et al

Filing 55

STIPULATED PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order 53 . [See Order for details] (et)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CAMERA KEM

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Plaintiff(s),

[Assigned to Hon. Josephine L. Staton]

v.

[Discovery Document: Referred to Magistrate
Judge Autumn D. Spaeth]

CITIZENS BANK, N.A., EXPERIAN
INFORMATION SOLUTIONS, INC., and
INNOVIS DATA SOLUTIONS, INC.,

STIPULATED PROTECTIVE ORDER

Defendant(s).

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Case No. 8:21-cv-02108-SPG-ADS

I.

PURPOSES AND LIMITATIONS

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A.

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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.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the following

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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

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

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affords from public disclosure and use extends only to the limited information or items

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that are entitled to confidential treatment under the applicable legal principles. The

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parties further acknowledge, as set forth in Section XIII(C), 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.

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II.

GOOD CAUSE STATEMENT

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A.

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

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information for which special protection from public disclosure and from use for any

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purpose other than prosecution of this action is warranted. This action is also likely to

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involve personal identifying information, including dates of birth and Social Security

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Numbers, which is widely understood to be confidential. Such confidential and

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proprietary materials and information consist of, among other things, confidential

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business or financial information, information regarding confidential business practices,

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or other confidential research, development, or commercial information (including

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information implicating privacy rights of third parties), information otherwise generally

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unavailable to the public, or which may be privileged or otherwise protected from

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This action is likely to involve trade secrets, customer and pricing lists and other

disclosure under state or federal statutes, court rules, case decisions, or common law.
Accordingly, to expedite the flow of information, to facilitate the prompt 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 conduct of trial,

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to address their handling at the end of the litigation, and serve the ends of justice, a

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protective order for such information is justified in this matter. It is the intent of the

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parties that information will not be designated as confidential for tactical reasons and

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that nothing be so designated without a good faith belief that it has been maintained in a

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

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public record of this case.

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III.

DEFINITIONS

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A.

Action: This pending federal law suit.

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B.

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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C.

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generated, stored or maintained) or tangible things that qualify for protection under

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

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Statement.

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D.

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support staff).

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E.

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that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

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F.

“CONFIDENTIAL” Information or Items: Information (regardless of how it is

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

Designating Party: A Party or Non-Party that designates information or items

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

medium or manner in which it is generated, stored, or maintained (including, among
other things, testimony, transcripts, and tangible things), that are produced or generated
in disclosures or responses to discovery in this matter.

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G.

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to the litigation 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 Action.

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H.

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

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I.

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legal entity not named as a Party to this action.

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J.

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Action but are retained to represent or advise a party to this Action and have appeared in

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

House Counsel: Attorneys who are employees of a party to this Action. House

Non-Party: Any natural person, partnership, corporation, association, or other

Outside Counsel of Record: Attorneys who are not employees of a party to this

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this Action on behalf of that party or are affiliated with a law firm which has appeared

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on behalf of that party, and includes support staff.

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K.

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employees, consultants, retained experts, and Outside Counsel of Record (and their

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support staffs).

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L.

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Material in this Action.

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M.

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(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

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

Producing Party: A Party or Non-Party that produces Disclosure or Discovery

Professional Vendors: Persons or entities that provide litigation support services

organizing, storing, or retrieving data in any form or medium) and their employees and
subcontractors.
N.

Protected Material: Any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”

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O.

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Producing Party.

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IV.

Receiving Party: A Party that receives Disclosure or Discovery Material from a

SCOPE

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A.

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

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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

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Material; and (3) any testimony, conversations, or presentations by Parties or their

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Counsel that might reveal Protected Material.

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B.

The protections conferred by this Stipulation and Order cover not only Protected

Any use of Protected Material at trial shall be governed by the orders of

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

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V.

the

DURATION

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A.

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

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

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

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and (2) final judgment herein after the completion and exhaustion of all appeals,

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rehearings, remands, trials, or reviews of this Action, including the time limits for filing

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any motions or applications for extension of time pursuant to applicable law.

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VI.

Even after final disposition of this litigation, the confidentiality obligations

DESIGNATING PROTECTED MATERIAL
A.

Exercise of Restraint and Care in Designating Material for Protection
1.

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

protection under this Order must take care to limit any such designation to
specific material that qualifies under the appropriate standards. The Designating

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Party must designate for protection only those parts of material, documents,

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items, or oral or written communications that qualify so that other portions of the

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material, documents, items, or communications for which protection is not

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warranted are not swept unjustifiably within the ambit of this Order.

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2.

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

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an improper purpose (e.g., to unnecessarily encumber the case development

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process or to impose unnecessary expenses and burdens on other parties) may

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expose the Designating Party to sanctions.

Mass, indiscriminate, or routinized designations are prohibited.

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3.

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that it designated for protection do not qualify for protection, that Designating

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Party must promptly notify all other Parties that it is withdrawing the

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inapplicable designation.

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B.

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

Manner and Timing of Designations

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1.

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below), or as otherwise stipulated or ordered, Disclosure or Discovery Material

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that qualifies for protection under this Order must be clearly so designated before

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the material is disclosed or produced.

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2.

Except as otherwise provided in this Order (see, e.g., Section B(2)(b)

Designation in conformity with this Order requires the following:
a.

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

documents, but excluding transcripts of depositions or other pretrial or
trial proceedings), that the Producing Party affix at a minimum, the
legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to

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each page that contains protected material. If only a portion or portions

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

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also must clearly identify the protected portion(s) (e.g., by making

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appropriate markings in the margins).

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b.

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inspection need not designate them for protection until after the

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inspecting Party has indicated which documents it would like copied and

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produced. During the inspection and before the designation, all of the

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material made available for inspection shall be deemed

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

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“CONFIDENTIAL.” After the inspecting Party has identified the

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documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection

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under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL legend” to each page

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

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

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

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markings in the margins).

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c.

For testimony given in depositions, that the Designating Party

identify the Disclosure or Discovery Material on the record, before the
close of the deposition.
d.

For information produced in form other than document and for

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

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

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

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portions of the information warrants protection, the Producing Party, to

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the extent practicable, shall identify the protected portion(s).

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C.

Inadvertent Failure to Designate

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information or items does not, standing alone, waive the Designating Party’s

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right to secure protection under this Order for such material. Upon timely

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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.

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VII.

If timely corrected, an inadvertent failure to designate qualified

CHALLENGING CONFIDENTIALITY DESIGNATIONS
A.

Timing of Challenges

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1.

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any time that is consistent with the Court’s Scheduling Order.

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B.

Any party or Non-Party may challenge a designation of confidentiality at

Meet and Confer

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1.

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Local Rule 37.1 et seq.

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C.

The Challenging Party shall initiate the dispute resolution process under

The burden of persuasion in any such challenge proceeding shall 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) may expose the
Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
the confidentiality designation, all parties shall continue to afford the material in

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question the level of protection to which it is entitled under the Producing Party’s

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designation until the Court rules on the challenge.

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VIII. ACCESS TO AND USE OF PROTECTED MATERIAL
A.

Basic Principles

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1.

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

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

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

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

A Receiving Party may use Protected Material that is disclosed or

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Receiving Party must comply with the provisions of Section XIV below.

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2.

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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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B.

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

Disclosure of “CONFIDENTIAL” Information or Items

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Designating Party, a Receiving Party may disclose any information or item

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designated “CONFIDENTIAL” only to:

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Unless otherwise ordered by the Court or permitted in writing by the

a.

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 disclose the information for this Action;
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The officers, directors, and employees (including House Counsel)

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

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c.

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disclosure is reasonably necessary for this Action and who have signed

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

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d.

The Court and its personnel;

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e.

Court reporters and their staff;

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f.

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary or this

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Action and who have signed the “Acknowledgment and Agreement to be

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Bound” attached as Exhibit A hereto;

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

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g.

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

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information;

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h.

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

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the deposing party requests that the witness sign the “Acknowledgment

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and Agreement to Be Bound;” and (ii) they will not be permitted to keep

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any confidential information unless they sign the “Acknowledgment and

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Agreement to Be Bound,” unless otherwise agreed by the Designating

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The author or recipient of a document containing the information

During their depositions, witnesses, and attorneys for witnesses,

Party or ordered by the Court. Pages of transcribed deposition testimony
or exhibits to depositions that reveal Protected Material may be
separately bound by the court reporter and may not be disclosed to
anyone except as permitted under this Stipulated Protective Order; and

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i.

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personnel, mutually agreed upon by any of the parties engaged in

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settlement discussions.

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IX.

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OTHER LITIGATION

Any mediator or settlement officer, and their supporting

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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A.

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

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“CONFIDENTIAL,” that Party must:

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IN

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

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Promptly notify in writing the Designating Party. Such notification shall

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include a copy of the subpoena or court order;

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2.

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

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subpoena or order is subject to this Protective Order. Such notification shall

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include a copy of this Stipulated Protective Order; and

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3.

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by the Designating Party whose Protected Material may be affected.

Promptly notify in writing the party who caused the subpoena or order to

Cooperate with respect to all reasonable procedures sought to be pursued

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B.

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

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

“CONFIDENTIAL” before a determination by the Court from which the subpoena or
order issued, unless the Party has obtained the Designating Party’s permission. The
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 directive

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from another court.

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X.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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PRODUCED IN THIS LITIGATION

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A.

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this Action and designated as “CONFIDENTIAL.” Such information produced by Non-

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Parties in connection with this litigation is protected by the remedies and relief provided

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by this Order. Nothing in these provisions should be construed as prohibiting a Non-

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Party from seeking additional protections.

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

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B.

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Non-Party’s confidential information in its possession, and the Party is subject to an

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agreement with the Non-Party not to produce the Non-Party’s confidential information,

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then the Party shall:

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

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1.

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some or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;

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2.

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Order in this Action, the relevant discovery request(s), and a reasonably specific

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3.

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

description of the information requested; and

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Promptly notify in writing the Requesting Party and the Non-Party that

Make the information requested available for inspection by the Non-

Party, if requested.
C.

If the Non-Party fails to seek a protective order from this court within 14 days of

receiving the notice and accompanying information, the Receiving Party may produce

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the Non-Party’s confidential information responsive to the discovery request. If the

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Non-Party timely seeks a protective order, the Receiving Party shall not produce any

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information in its possession or control that is subject to the confidentiality agreement

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with the Non-Party before a determination by the court. Absent a court order to the

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contrary, the Non-Party shall bear the burden and expense of seeking protection in this

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court of its Protected Material.

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XI.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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A.

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

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

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Stipulated Protective Order, the Receiving Party must immediately (1) notify in writing

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the Designating Party of the unauthorized disclosures, (2) use its best efforts to retrieve

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all unauthorized copies of the Protected Material, (3) inform the person or persons to

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whom unauthorized disclosures were made of all the terms of this Order, and (4) request

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such person or persons to execute the “Acknowledgment and Agreement to be Bound”

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that is attached hereto as Exhibit A.

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XII.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

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PROTECTED MATERIAL

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A.

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When a Producing Party gives notice to Receiving Parties that certain

inadvertently produced material is subject to a claim of privilege or other protection, the
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
may be established in an e-discovery order that provides for production without prior
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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

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

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incorporate their agreement in the Stipulated Protective Order submitted to the Court.

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XIII. MISCELLANEOUS
A.

Right to Further Relief

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1.

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modification by the Court in the future.

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B.

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Nothing in this Order abridges the right of any person to seek its

Right to Assert Other Objections
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By stipulating to the entry of this Protective Order, no Party waives any

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right it otherwise would have to object to disclosing or producing any

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

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

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

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C.

Filing Protected Material

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1.

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with Civil Local Rule 79-5. Protected Material may only be filed under seal

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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

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denied by the Court, then the Receiving Party may file the information in the

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A Party that seeks to file under seal any Protected Material must comply

public record unless otherwise instructed by the Court.
XIV. FINAL DISPOSITION
A.

After the final disposition of this Action, as defined in Section V, within sixty

(60) days of a written request by the Designating Party, each Receiving Party must

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

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this 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.

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Whether the Protected Material is returned or destroyed, the Receiving Party must

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

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

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where appropriate) all the Protected Material that was returned or destroyed and (2)

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affirms that the Receiving Party has not retained any copies, abstracts, compilations,

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

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

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

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

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

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Any such archival copies that contain or constitute Protected Material remain subject to

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this Protective Order as set forth in Section V.

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B.

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

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

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: July 29, 2022

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By: /s/ Elizabeth A. Wagner
Elizabeth A. Wagner

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Attorneys for Plaintiff
CAMERA KEM

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Dated: July 29, 2022

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By: /s/ Michael A. Kushner
Michael A. Kushner

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Attorneys for Defendant
EXPERIAN INFORMATION
SOLUTIONS, INC.

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Dated: July 29, 2022

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By: /s/ Robert W. Brunner
Robert W. Brunner

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Attorneys for Defendant
CITIZENS BANK, N.A.

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Dated: July 29, 2022

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By: /s/ Jason A. Spak
Jason A. Spak
Attorneys for Defendant
INNOVIS DATA SOLUTIONS,
INC.

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SIGNATURE CERTIFICATION

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Pursuant to Local Rule 5-4.3.4(a)(2), I hereby certify that all other signatories

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listed, on whose behalf this filing is submitted, concur with the contents of this filing and have

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authorized the filing.

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By: /s/ Michael A. Kushner
Michael A. Kushner

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated:

August 1, 2022

/s/ Autumn D. Spaeth
HONORABLE AUTUMN D. SPAETH
United States Magistrate Judge

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

[print or type full name], of

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[print or type full address], declare under penalty of perjury that I have read in

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its entirety and understand the Stipulated Protective Order that was issue by the United States

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District Court for the Central District of California on [DATE] in the case of

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[insert formal name of the case and the number and initials assigned to it

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by the Court]. I agree to comply with and to be bound by all the terms of this Stipulated

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

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to sanctions and punishment in the nature of contempt. I solemnly promise that I will not

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disclose in any manner any information or item that is subject to this Stipulated Protective

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Order to 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 Court for the

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

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

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appoint

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[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 proceedings related to enforcement of
this Stipulated Protective Order.
Date:
City and State where sworn and signed:
Printed Name:
Signature:

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