Federal Deposit Insurance Corporation as Receiver for Washington Mutual Bank v. Trustworthy Mortgage Corporation

Filing 26

STIPULATED PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order 25 . [See document for further details] (et)

Case 8:22-cv-01075-JWH-JDE Document 26 Filed 11/07/22 Page 1 of 22 Page ID #:133

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
WASHINGTON MUTUAL BANK,

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Plaintiff,

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STIPULATED PROTECTIVE ORDER
[Note Changes by the Court]

vs.

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Case No. 8:22-cv-1075-JWH-JDE

TRUSTWORTHY MORTGAGE
CORPORATION,

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Defendant.

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Pursuant to the parties’ Stipulation, the existing record, the applicable
authorities, and for good cause shown, the Court finds and orders as follows.
I.

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

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

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Case 8:22-cv-01075-JWH-JDE Document 26 Filed 11/07/22 Page 2 of 22 Page ID #:134

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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

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

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

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The parties further acknowledge, as set forth in Section XIV(C), below, that this

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Stipulated Protective Order does not entitle them to file confidential information under

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seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the

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standards that will be applied when a party seeks permission from the Court to file

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material under seal.

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II.

GOOD CAUSE STATEMENT
This action is likely to involve personally identifiable information and other

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confidential financial information of bank customers, trade secrets, and other valuable

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commercial, financial, technical and/or proprietary information for which special

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

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of this action is warranted. Although the Court makes no findings as to any individual

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item by way of this Order, such confidential and proprietary materials and information

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may consist of, among other things:

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(1)

Regulatory: Protected Material (as defined below) related in any

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way to the regulation or supervision of Washington Mutual Bank, in whatever

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form, whether preliminary or final, including reports of examination or

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inspection, regulatory correspondence, reports, orders, memoranda, or

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agreements by, from or with the Federal Deposit Insurance Corporation

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(“FDIC”) in its corporate capacity, the Comptroller of the Currency, the Office of

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Thrift Supervision, or any other federal or state regulatory authority, and any

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information containing confidential material obtained from any documents and

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records related to the supervision or regulation of Washington Mutual Bank

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(“WaMu”). The Parties (as defined below) understand and agree that the release

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of such regulatory information may require approval from independent

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government agencies, and that no regulatory information, however obtained, if

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covered by this Order, will be disclosed to non-parties not covered by this Order.

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(2) Statutory: Protected Material may include information that is

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confidential pursuant to the Freedom of Information Act, 5 U.S.C. § 552, 12

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C.F.R. Part 309, 12 C.F.R. § 21.11 or any other applicable federal or state laws,

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including consumer Personally Identifiable Information (“PII”) and other

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nonpublic personal information (“Non-Party Borrower Information”) as defined

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or protected by the Gramm-Leach-Bliley Act, 15 U.S.C. § 6802, et seq., Freedom

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of Information Act, Privacy Act, Bank Secrecy Act, and their implementing

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regulations.

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(3) Bank and Bank Customers: Protected Material may include material

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related to WaMu, its employees (i.e., personnel or employment records), its

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customers, any trading company involved in placing orders for commodities

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futures or options, or any other entity, including Automated Clearing House

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items or transactions, chargebacks, merchant processing, bank account

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information, signature cards, bank statements, general ledger entries, deposit or

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reserve information, commodity trading statements, loans and lending

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transactions, loan applications, financial statements and credit reports, business

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and personal state and federal income tax forms, correspondence, and related

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loan documentation relating to any extension of credit or loan to any borrower.

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Examples of “Protected Material,” without limitation, may include documents

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containing a customer’s account number, credit card number, personal

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identification number, account balance, information relating to a deposit

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account, loan, or borrower relationship and loan application materials, and

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documents or information that contain the customer’s name, address, social

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security number, date of birth or other similar identifying Information.

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(4) Receivership: Protected Material may include material related to the

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receivership of WaMu, including any information on loss or estimates of such

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loss on WaMu’s assets not publicly available. Notwithstanding the provisions of

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Section IX.B. below, no such Protected Material shall be disclosed to any person

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or entity known to have any current or prospective interest in such assets,

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regardless of whether that person or entity is a defendant or non-party that

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would otherwise be allowed access to information under the terms of this

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Protective Order without prior Court approval.

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(5) Trade Secrets and Other Information: Protected Material may include

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material that reveals trade secrets or research, technical, commercial, or financial

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information that the Party or Non-Party has maintained as confidential.

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

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disputes over confidentiality of discovery materials, to adequately protect information

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the Parties and Non-parties are entitled to keep confidential, to ensure that the Parties

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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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III.

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ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
The parties further acknowledge, as set forth in Section XIV(C) below, that this

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Stipulated Protective Order does not entitle them to file confidential information under

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seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the

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standards that will be applied when a party seeks permission from the court to file

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material under seal. There is a strong presumption that the public has a right of access

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to judicial proceedings and records in civil cases. In connection with non-dispositive

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motions, good cause must be shown to support a filing under seal. See Kamakana v.

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City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.

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Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

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Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require

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good cause showing), and a specific showing of good cause or compelling reasons with

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proper evidentiary support and legal justification, must be made with respect to

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Protected Material that a party seeks to file under seal. The parties’ mere designation of

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Disclosure or Discovery Material as CONFIDENTIAL does not— without the

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submission of competent evidence by declaration, establishing that the material sought

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to be filed under seal qualifies as confidential, privileged, or otherwise protectable—

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constitute good cause.

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Further, if a party requests sealing related to a dispositive motion or trial, then

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compelling reasons, not only good cause, for the sealing must be shown, and the relief

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sought shall be narrowly tailored to serve the specific interest to be protected. See

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Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item

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or type of information, document, or thing sought to be filed or introduced under seal,

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the party seeking protection must articulate compelling reasons, supported by specific

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facts and legal justification, for the requested sealing order. Again, competent evidence

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supporting the application to file documents under seal must be provided by

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declaration.
Any document that is not confidential, privileged, or otherwise protectable in its

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entirety will not be filed under seal if the confidential portions can be redacted. If

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documents can be redacted, then a redacted version for public viewing, omitting only

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the confidential, privileged, or otherwise protectable portions of the document, shall be

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filed. Any application that seeks to file documents under seal in their entirety should

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include an explanation of why redaction is not feasible

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IV.

DEFINITIONS

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A.

Action: This pending federal lawsuit.

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B.

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

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of information or items under this Order.

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C.

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

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

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the Good Cause Statement. All Electronically Stored Information (“ESI”) and

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paper documents produced pursuant to an ESI Protocol are subject to this

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Protective Order.

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D.

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support staff).

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

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

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E.

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

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

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“CONFIDENTIAL.”

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F.

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

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(including, among other things, testimony, transcripts, and tangible things), that

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are produced or generated in disclosures or responses to discovery in this

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matter.

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G.

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

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

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serve as an expert witness or as a consultant in this Action.

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H.

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House Counsel does not include Outside Counsel of Record or any other outside

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counsel.

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I.

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

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J.

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

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have appeared in this Action on behalf of that party or are affiliated with a law

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firm which has appeared 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

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their support staffs).

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

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

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

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

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Case 8:22-cv-01075-JWH-JDE Document 26 Filed 11/07/22 Page 8 of 22 Page ID #:140

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L.

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

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Discovery Material in this Action.

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M.

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

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

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medium) and their employees and subcontractors.

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N.

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designated as “CONFIDENTIAL.” If any Party or Non-Party believes that

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information not described above should nevertheless be considered as Protected

Professional Vendors: Persons or entities that provide litigation support

Protected Material: Any Disclosure or Discovery Material that is

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Material, it may seek a stipulation among the Parties to treat such information

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as Protected Material or it may make an appropriate application to the Court

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under Local Civil Rule 37-1, et seq.. Such application shall only be granted for

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good cause shown. Information that is available to the public or generally

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known in the industry of the Producing Party or Non-Party may not be

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designated as Protected Material. Notwithstanding the foregoing paragraphs

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II.1 – 5, no Party is estopped or in any way prevented from later challenging the

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confidentiality designation of any Protected Material.

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O.

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from a Producing Party.

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V.

Receiving Party: A Party that receives Disclosure or Discovery Material

SCOPE

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A.

The protections conferred by this Stipulation and Order cover not only

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

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

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

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

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B.

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

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VI.

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

DURATION

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Even after final disposition of this litigation, the confidentiality obligations

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

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otherwise in writing or a court order otherwise directs. This Order does not

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govern the use of material at trial. 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

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

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

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

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to applicable law.

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VII.

DESIGNATING PROTECTED MATERIAL
A.

Exercise of Restraint and Care in Designating Material for Protection

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1.

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

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protection under this Order must take care to limit any such designation

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to specific material that qualifies under the appropriate standards. The

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Designating Party must designate for protection only those parts of

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material, documents, items, or oral or written communications that

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

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communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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2.

Mass, indiscriminate, or routinized designations are prohibited.

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

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

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development process or to impose unnecessary expenses and burdens on

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other parties) may expose the Designating Party to sanctions.

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3.

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

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Designating Party must promptly notify all other Parties that it is

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withdrawing the inapplicable designation.

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

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B.

Manner and Timing of Designations

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1.

Protected Material provided by any Party or Non-Party pursuant to this

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Protective Order that is deemed and denominated by any Producing Party as

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“Confidential” pursuant to this Protective Order shall be deemed to be Protected

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Material, unless and until that designation is challenged pursuant to paragraph

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VII below.

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2.

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the legend “Confidential.” For example, the production media/container for

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native files or productions may be designated as “Confidential.”

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3.

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information produced in this Action marked with a Bates Stamp number or

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otherwise designated as “Confidential.” In the event a Party obtains a duplicate

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copy of Protected Material produced in discovery in this Action from a publicly

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available source, the Party acquiring the Protective Material shall not be

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required to comply with the terms of this Order regarding the use of the

Protected Material may be designated as such by affixing to the material

Protective Material shall only mean and shall be limited to the

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Case 8:22-cv-01075-JWH-JDE Document 26 Filed 11/07/22 Page 11 of 22 Page ID #:143

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duplicate Protective Material, and the use of such duplicate Protective Material

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shall not be subject to the provisions of this Order.

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C.

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The failure to designate any Protected Material with such legend shall not,

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standing alone, constitute a waiver by any Producing Party of the right to assert

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that such information contains or includes Protected Material. In the event that

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any Producing Party produces Protected Material without designating it as such,

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any Party or Non-Party may notify the Receiving Parties that the information

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should have been designated Protected Material, and the Parties will treat the

Failure to Designate Protected Material

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information as Protected Material under this Protective Order.

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VIII. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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A.

Timing of Challenges

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

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

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B.

Meet and Confer

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The Challenging Party shall initiate the dispute resolution process under

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Local Rule 37.1 et seq.

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C.

Joint Stipulation.

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Any challenge submitted to the Court shall be via a joint stipulation

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pursuant to Local Rule 37-2.

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D.

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

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

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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IX.

ACCESS TO AND USE OF PROTECTED MATERIAL
A.

Basic Principles

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1.

A Receiving Party may use Protected Material that is disclosed or

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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.

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Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the

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Action has been terminated, a Receiving Party must comply with the

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provisions of Section XV below.

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2.

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

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limited to the persons authorized under this Order. Any person in

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possession of Protected Material shall maintain a written information

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security program that includes reasonable administrative, technical, and

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physical safeguards to protect the security and confidentiality of such

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Protected Material, protect against any reasonably anticipated threats or

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hazards to the security of such Protected Material, and protect against

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unauthorized access to Protected Material. To the extent a party or

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person does not have an information security program, they may comply

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with this provision by having the Protected Material managed by and/or

Protected Material must be stored and maintained by a Receiving

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stored with eDiscovery vendors that maintain such an information

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security program. If a Receiving Party discovers any loss of Protected

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Material (including any loss of data as a result of a ransomware incident)

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or a breach of security, including any actual or suspected unauthorized

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access, relating to another Party’s Protected Material, the Receiving Party

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shall: (1) promptly provide written notice to the Producing Party of such

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breach; (2) investigate and make reasonable efforts to remediate the

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effects of the breach, and provide the Producing Party with assurances

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reasonably satisfactory to the Producing Party that such breach shall not

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recur; and (3) provide sufficient information about the breach that the

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Producing Party can reasonably ascertain the size and scope of the breach

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and/or security incident. The Receiving Party agrees to cooperate with

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the Producing Party and/or law enforcement in investigating any such

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security incident. In any event, the Receiving Party shall promptly take

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all necessary and appropriate corrective action to terminate the

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unauthorized access.

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B.

Disclosure of “CONFIDENTIAL” Information or Items

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1.

Unless otherwise ordered by the Court or permitted in writing by

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

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item designated “CONFIDENTIAL” only to:

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a.

The Receiving Party’s Outside Counsel of Record in this

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Action, as well as employees of said Outside Counsel of Record to

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whom it is reasonably necessary to disclose the information for this

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Action;

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b.

The officers, directors, and employees (including House

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Counsel) of the Receiving Party to whom disclosure is reasonably

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necessary for this Action;

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c.

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whom disclosure is reasonably necessary for this Action and who

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have signed the “Acknowledgment and Agreement to Be Bound”

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(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

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for this Action and who have signed the “Acknowledgment and

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Agreement to be Bound” attached as Exhibit A hereto;

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g.

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information or a custodian or other person who otherwise

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possessed or knew the information;

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h.

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witnesses, in the Action to whom disclosure is reasonably necessary

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provided: (i) the deposing party requests that the witness sign the

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“Acknowledgment and Agreement to Be Bound;” and (ii) they will

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not be permitted to keep any confidential information unless they

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sign the “Acknowledgment and Agreement to Be Bound,” unless

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otherwise agreed by the Designating Party or ordered by the Court.

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Pages of transcribed deposition testimony or exhibits to depositions

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

The author or recipient of a document containing the

During their depositions, witnesses, and attorneys for

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that reveal Protected Material may be separately bound by the court

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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.

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

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settlement discussions.
C.

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Any mediator or settlement officer, and their supporting

Disclosure on Non-Party Borrower Information
To the extent any federal or state law or other legal authority governing

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the disclosure or use of non-party borrower Information (“Non-Party Borrower

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Information Law”) permits disclosure of such information pursuant to an order

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of a court, this Order shall constitute compliance with such requirement.

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However, nothing in this Order excuses any party from complying with other

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aspects of any Non-Party Borrower Information Law, including any

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requirement that a Producing Party to obtain a subpoena or give notice to or

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obtain consent, in any form or manner, from any person or entity before

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disclosure of any Non-Party Borrower Information. Any Producing Party may

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seek additional orders from this Court, upon an appropriate individualized

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showing, that such Party or Non-Party believes may be necessary to comply with

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any Non-Party Borrower Information Law.

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X.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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IN OTHER LITIGATION

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A.

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litigation that compels disclosure of any information or items designated in this

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Action as “CONFIDENTIAL,” that Party must:

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

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1.

Promptly notify in writing the Designating Party. Such notification

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shall include a copy of the subpoena or court order;

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2.

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

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covered by the subpoena or order is subject to this Protective Order. Such

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notification shall include a copy of this Stipulated Protective Order; and

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3.

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pursued by the Designating Party whose Protected Material may be

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affected.

Promptly notify in writing the party who caused the subpoena or

Cooperate with respect to all reasonable procedures sought to be

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B.

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

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in this action as “CONFIDENTIAL” before a determination by the Court from

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which the subpoena or order issued, unless the Party has obtained the

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Designating Party’s permission. The Designating Party shall bear the burden

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and expense of seeking protection in that court of its confidential material and

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nothing in these provisions should be construed as authorizing or encouraging a

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

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XI.

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

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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Party in this Action and designated as “CONFIDENTIAL.” Such information

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produced by Non-Parties in connection with this litigation is protected by the

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

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

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

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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

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

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confidential information, then the Party shall:

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1.

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

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that some or all of the information requested is subject to a

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confidentiality agreement with a Non-Party;

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2.

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

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

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reasonably specific description of the information requested; and

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3.

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Non-Party, if requested.

Make the information requested available for inspection by the

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C.

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days of receiving the notice and accompanying information, the Receiving Party

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

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

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Receiving Party shall not produce any information in its possession or control

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that is subject to the confidentiality agreement with the Non-Party before a

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determination by the court. Absent a court order to the contrary, the Non-Party

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shall bear the burden and expense of seeking protection in this court of its

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Protected Material.

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

XII. 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

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Case 8:22-cv-01075-JWH-JDE Document 26 Filed 11/07/22 Page 18 of 22 Page ID #:150

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

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in writing the Designating Party of the unauthorized disclosures, (2) use its best

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efforts to retrieve all unauthorized copies of the Protected Material, (3) inform

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

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terms of this Order, and (4) request such person or persons to execute the

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

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Exhibit A.

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XIII. NO WAIVER OF PRIVILEGES
A.

Pursuant to Fed. R. Evid. 502(d), the production of Protected Material

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that is subject to the attorney-client privilege or the work product doctrine shall

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not be deemed and shall not constitute in this proceeding, a waiver of any such

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privilege or protection. The Parties are not required to meet the requirements of

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Fed. R. Evid. 502(b)(1)-(3). With respect to the FDIC, in any of its capacities,

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these privileges include, but are not limited to, any privilege that Washington

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Mutual Bank may have had or any federal or state regulatory agency may hold.

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The Parties’ production of Protected Material is not intended to, and shall not,

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waive or diminish in any way the confidentiality of such material or its

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continued protection under the attorney-client privilege, work product doctrine,

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or any applicable privilege as to any other non-party.

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B.

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client privileged or otherwise privileged information, or other information

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protected by law from disclosure even under a Protective Order, and if the Party

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or Non-Party subsequently notifies the Receiving Party that the privileged

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information should not have been produced, the Receiving Party shall

Furthermore, in the event that a Party or Non-Party produces attorney-

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immediately return the originals and all copies of the inadvertently produced

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privileged information. If a party withholds any information on the basis of

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privilege, it shall provide a categorical privilege log. The Parties agree that FDIC

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is not required to provide any kind of identification of the documents withheld

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from production as protected by the Bank Secrecy Act. Nothing in this Protective

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Order shall prevent FDIC from using any Protected Material that it produces to

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any Party or non-party in any of FDIC’s capacities for any lawful purposes.

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XIV. MISCELLANEOUS
A.

Right to Further Relief

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

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modification by the Court in the future.

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B.

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

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

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ground to use in evidence of any of the material covered by this Protective

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Order.

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C.

Filing Protected Material

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

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

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

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

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Case 8:22-cv-01075-JWH-JDE Document 26 Filed 11/07/22 Page 20 of 22 Page ID #:152

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

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information in the public record unless otherwise instructed by the Court.

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XV.

FINAL DISPOSITION

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A.

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

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

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Party must return all Protected Material to the Producing Party or destroy such

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material. As used in this subdivision, “all Protected Material” includes all copies,

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abstracts, compilations, summaries, and any other format reproducing or

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capturing any of the Protected Material. Whether the Protected Material is

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returned or destroyed, the Receiving Party must submit a written certification to

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

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

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

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

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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

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

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

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attorney work product, and consultant and expert work product, even if such

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

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constitute Protected Material remain subject to this Protective Order as set forth

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in Section VI.

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B.

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.

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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Dated: November 07, 2022
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JOHN D. EARLY
United States Magistrate Judge

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Case 8:22-cv-01075-JWH-JDE Document 26 Filed 11/07/22 Page 22 of 22 Page ID #:154

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,
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[print or type full name], of
[print or type full address], declare under penalty of perjury that I

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have read in its entirety and understand the Stipulated Protective Order that was issue
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by the United States District Court for the Central District of California on November 7.
2022 in the case of Federal Deposit Insurance Corporation as Receiver for

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Washington Mutual Bank v. Trustworthy Mortgage Corporation, No. 8:22-cv-10758
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JWH-JDE. I agree to 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 punishment in the nature of contempt. I solemnly promise
that I will not disclose in any manner any information or item that is subject to this
Stipulated Protective Order to any person or entity except in strict compliance with the
provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court

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for the Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action. 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 proceedings related to enforcement of this Stipulated Protective Order.
Date:
City and State where sworn and signed:
Printed Name:

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Signature:
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