Federal Deposit Insurance Corporation v. Lennar Mortgage, LLC

Filing 35

STIPULATED PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth granting Stipulation for Protective Order 34 . (kh)

1 MARK MIGDAL & HAYDEN
PAUL A. LEVIN (CA State Bar No. 229077)
2 LAUREN M. GIBBS (CA State Bar No. 251569)
3 11150 Santa Monica Boulevard, Suite 1670
Los Angeles, California 90025
4 Telephone: [phone]
[e-mail]
5 e-mail:
[e-mail]
6 MORTGAGE RECOVERY LAW GROUP, LLP
7 MICHAEL H. DELBICK (CA State Bar No. 139200)
550 North Brand Boulevard, Suite 1100
8 Glendale, California 91203
9 Telephone: [phone]
e-mail:
[e-mail]
10 FEDERAL DEPOSIT INSURANCE CORPORATION
11 JOSHUA H. PACKMAN (admitted pro hac vice)
3501 Fairfax Avenue
12 Arlington, Virginia 22226
13 Telephone: [phone]
e-mail:
[e-mail]
14 Attorneys for Plaintiff Federal Deposit
15 Insurance Corporation as Receiver
for Washington Mutual Bank
16
UNITED STATES DISTRICT COURT
17
CENTRAL DISTRICT OF CALIFORNIA
18
19 FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
20
WASHINGTON MUTUAL BANK,
21
Plaintiff,

Case No. 8:23-cv-01483-MEMF-ADS

22

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

vs.

23 LENNAR MORTGAGE, LLC, as
24 successor to EAGLE HOME
MORTGAGE, INC. and UNIVERSAL
25 AMERICAN MORTGAGE
26 COMPANY OF CALIFORNIA,
27

STIPULATED PROTECTIVE ORDER

Defendant.

28
STIPULATED PROTECTIVE ORDER

1

Plaintiff Federal Deposit Insurance Corporation as Receiver (“FDIC-R”) for

2 Washington Mutual Bank (“WaMu”) and Defendant Lennar Mortgage, LLC, as
3 successor to Eagle Home Mortgage, Inc. and Universal American Mortgage Company
4 of California (“Lennar”) (together, “the Parties”) have agreed to the terms of this
5 Order; accordingly, it is ORDERED:
6

1.

Scope. All materials produced or adduced in the course of discovery,

7 including initial disclosures, responses to discovery requests, deposition testimony
8 and exhibits, and information derived directly therefrom (hereinafter collectively the
9 specific “documents”), shall be subject to this Order concerning Confidential Material
10 as defined below. The protections conferred by this Order cover not only Confidential
11 Material (as defined below) but also (1) any information copied or extracted from
12 Confidential Material; (2) all copies, excerpts, summaries, or compilations of
13 Confidential Material; and (3) any testimony, conversations, or presentations by
14 parties, third parties or their respective counsel that might reveal Confidential
15 Material. This Order is subject, as applicable, to the Local Rules of this District, and
16 the Federal Rules of Civil Procedure on matters of procedure and calculation of time
17 periods.
18

2.

Definition of Confidential Material. For purposes of this Protective

19 Order, “Confidential Material” shall mean certain documents, records, and
20 information, including electronically composed or stored information in written,
21 electronic, digital, or any other medium provided in Federal Rule of Civil Procedure
22 34(a)(1)(A) (hereinafter “Information”), provided by any Party or non-party pursuant
23 to this Protective Order. Confidential Material includes, but is not limited to, the
24 following:
25

(a)

Regulatory:

Confidential Material related in any way to the

26

regulation or supervision of WaMu, in whatever form, whether preliminary or

27

final,

28

correspondence, reports, orders, memoranda, or agreements by, from or with

including

reports

of

examination

or

inspection,

2
STIPULATED PROTECTIVE ORDER

regulatory

1

the Federal Deposit Insurance Corporation (“FDIC”) in its corporate capacity,

2

the Comptroller of the Currency, the Office of Thrift Supervision, or any other

3

federal or state regulatory authority, and any Information containing

4

confidential material obtained from any documents and records related to the

5

supervision or regulation of WaMu. The Parties understand and agree that the

6

release of such regulatory Information may require approval from independent

7

government agencies, and that no regulatory Information, however obtained,

8

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

9

(b) Statutory:

Confidential Material includes Information that is

10

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

11

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

12

including consumer nonpublic personal information (“Non-Party Borrower

13

Information”) as defined by the Gramm-Leach-Bliley Act, 15 U.S.C. § 6802,

14

et seq. and its implementing regulations.

15

(c) Bank and Bank Customers:

Confidential Material related to

16

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

17

any trading company involved in placing orders for commodities futures or

18

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

19

transactions, chargebacks, merchant processing, bank account information,

20

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

21

information, commodity trading statements, loans and lending transactions,

22

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

23

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

24

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

25

Examples of “Confidential Material,” without limitation, include documents

26

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

27

identification number, account balance, Information relating to a deposit

28

account, loan, or borrower relationship and loan application materials, and
3
STIPULATED PROTECTIVE ORDER

1

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

2

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

3

(d) Receivership: Confidential Material related to the receivership of

4

WaMu, including any Information on loss or estimates of such loss on WaMu’s

5

assets not publicly available. Notwithstanding the provisions of paragraph

6

5(b)(1)-(9) below, no such Confidential Material shall be disclosed to any

7

person or entity known to have any current or prospective interest in such

8

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

9

that would otherwise be allowed access to Information under the terms of this

10

Protective Order. This subparagraph (d), however, does not prevent such

11

Confidential Material—to the extent same may be produced—from being

12

shared with Party experts or others listed in paragraphs 5(b)(1)-(9).

13

(e) Non-Parties:

Confidential Material produced by independent

14

contractors, outside accountants or auditors (other than Defendant), or other

15

entities or individuals who performed work for WaMu.

16

(f) Trade Secrets and Other Information: Confidential Material that

17

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

18

Information that the Party or non-party has maintained as confidential.

19

(g) Personally Identifiable Information (PII): Confidential Material

20

that contains PII as defined in the Freedom of Information Act, the Privacy Act,

21

the Bank Secrecy Act, and Gramm-Leach-Bliley Act.

22

(h) Miscellaneous:

23

1. Confidential Material that is of a personal or intimate nature

24

regarding any individual that could cause harm to the reputation of or

25

embarrassment to the individual.

26
27

2. Confidential Material that contains Information as to which a
Party owes a contractual duty of confidentiality to another person or entity.

28
4
STIPULATED PROTECTIVE ORDER

1
2

3. Confidential Material permitted to be designated as such under
Federal Rule of Civil Procedure 26 (c).

3 If any Party or non-party believes that Information not described above should
4 nevertheless be considered as Confidential Material, it may seek a stipulation among
5 the Parties to treat such Information as Confidential Material or it may make an
6 appropriate application to the Court. Such application shall only be granted for good
7 cause shown. Information that is available to the public or generally known in the
8 industry of the producing Party or non-party may not be designated as Confidential
9 Material. Notwithstanding the foregoing paragraphs (a) through (g), no Party is
10 estopped or in any way prevented from later challenging the confidentiality
11 designation of any Confidential Material.
12

3.

Confidential Designation and Treatment of Confidential Material.

13 Confidential Material provided by any Party or non-party pursuant to this Protective
14 Order that is deemed and denominated by any Party or producing non-party as
15 “Confidential” pursuant to this Protective Order shall be deemed to be Confidential
16 Material, unless and until that designation is challenged pursuant to paragraph 9
17 below. Confidential Material may be designated as such by affixing to the material
18 the legend “Confidential.” For example, the production media/container for native
19 files or productions may be designated as “Confidential.” The failure to designate
20 any Confidential Material with such legend shall not constitute a waiver by any Party
21 or producing non-party of the right to assert that such Information contains or includes
22 protected Confidential Material. In the event that any Party or non-party produces
23 Confidential Material without designating it as such, any Party or non-party may
24 notify the receiving Parties that the Information should have been designated
25 Confidential Material, and the Parties will treat the Information as Confidential
26 Material under this Protective Order. Confidential Material shall only mean and shall
27 be limited to the Information produced in this Lawsuit marked with a Bates Stamp
28 number or otherwise designated as “Confidential.” In the event a Party obtains a
5
STIPULATED PROTECTIVE ORDER

1 duplicate copy of Confidential Material produced in discovery in this Lawsuit from a
2 publicly available source, the Party acquiring the Confidential Material shall not be
3 required to comply with the terms of this Order regarding the use of the duplicate
4 Confidential Material, and the use of such duplicate Confidential Material shall not
5 be subject to the provisions of this Order.
6

4.

Depositions. Unless all parties agree on the record at the time the

7 deposition testimony is taken, all deposition testimony taken in this case shall be
8 treated as Confidential Material until the expiration of the following: No later than
9 the fourteenth day after the transcript is delivered to any party or the witness, and in
10 no event later than 60 days after the testimony was given. Within this time period, a
11 party may serve a Notice of Designation to all parties of record as to specific portions
12 of the testimony that are designated Confidential Material, and thereafter only those
13 portions identified in the Notice of Designation shall be protected by the terms of this
14 Order. The failure to serve a timely Notice of Designation shall waive any designation
15 of testimony taken in that deposition as Confidential Material, unless otherwise
16 ordered by the Court.
17
18

5.

Protection of Confidential Material.
(a)

General Protections. Confidential Material shall not be used or

19

disclosed by the parties, counsel for the parties or any other persons identified

20

in subparagraph (b) for any purpose whatsoever other than in this litigation,

21

including any appeal thereof. The transmission of Confidential Information

22

between the FDIC-R and other government agencies, including, but not limited

23

to, the FDIC acting in its various other capacities, shall not constitute disclosure

24

for purposes of this Order.

25

(b)

Limited Third-Party Disclosures. The parties and counsel for

26

the parties shall not disclose or permit the disclosure of any Confidential

27

Material to any third person or entity except as set forth in subparagraphs (1)-

28

(9). Subject to these requirements, the following categories of persons may be
6
STIPULATED PROTECTIVE ORDER

1

allowed to review Confidential Material after being informed of the terms of

2

this Order:

3
4
5

(1)

Counsel for the parties and employees of counsel who have

responsibility for the action;
(2)

Individual parties and employees of a party but only to the

6

extent counsel determines in good faith that the employee’s assistance is

7

reasonably necessary to the conduct of the litigation in which the

8

information is disclosed;

9

(3)

The Court and its personnel;

10

(4)

Any mediator appointed by the Court or the Parties, and

11

persons employed by him or her;

12

(5)

Court reporters and recorders engaged for depositions;

13

(6)

Those persons specifically engaged for the limited purpose

14

of making copies of documents or organizing or processing documents,

15

including outside vendors hired to process electronically stored

16

documents;

17

(7)

Consultants, investigators, or experts employed by the

18

parties or counsel for the parties to assist in the preparation and trial of

19

this action but only after such persons have completed the certification

20

contained in Attachment A, Acknowledgment of Understanding and

21

Agreement to Be Bound;

22

(8)

During their depositions, witnesses and their counsel in this

23

action to whom disclosure is reasonably necessary. Witnesses shall not

24

retain a copy of documents containing Confidential Information, except

25

witnesses may receive a copy of all exhibits marked at their depositions

26

in connection with review of the transcripts.

27

deposition testimony or exhibits to depositions that are designated as

28

Confidential Information pursuant to the process set out in this Order
7
STIPULATED PROTECTIVE ORDER

Pages of transcribed

1

must be separately bound by the court reporter and may not be disclosed

2

to anyone except as permitted under this Order.

3

(9)

4

The author or recipient of the document (not including a

person who received the document in the course of litigation); and

5

(10) Other persons only by written consent of the producing

6

party or upon order of the Court and on such conditions as may be agreed

7

or ordered.

8

(c)

Control of Documents.

Counsel for the parties shall make

9

reasonable efforts to prevent unauthorized disclosure of Confidential Material.

10

Counsel shall maintain the originals of the forms signed by persons

11

acknowledging their obligations under this Order for a period of three years

12

after the termination of the case.

13

6.

Failure to Designate. A failure to designate a document as Confidential

14 Material does not, standing alone, waive the right to so designate the document;
15 provided, however, that a failure to serve a timely Notice of Designation of deposition
16 testimony as required by this Order does waive any protection for deposition
17 testimony. If a party designates a document as Confidential Material after it was
18 initially produced, the receiving party, on notification of the designation, must make
19 a reasonable effort to assure that the document is treated in accordance with the
20 provisions of this Order. No party shall be found to have violated this Order for failing
21 to maintain the confidentiality of material during a time when that material has not
22 been designated Confidential Material, even where the material is subsequently
23 designated Confidential Information.
24

7.

Filing of Confidential Material.

This Order does not, by itself,

25 authorize the filing of any document under seal. Any party wishing to file a document
26 designated as Confidential Information in connection with a motion, brief or other
27 submission to the Court must comply with applicable local rules.
28
8
STIPULATED PROTECTIVE ORDER

1

8.

No Greater Protection of Specific Documents. Except on privilege

2 grounds not addressed by this Order, no party may withhold information from
3 discovery on the ground that it requires protection greater than that afforded by this
4 Order unless the party moves for an order providing such special protection.
5

9.

Challenges by a Party to Designation as Confidential Material. The

6 designation of any material or document as Confidential Material is subject to
7 challenge by any party. The following procedure shall apply to any such challenge.
8

(a)

Meet and Confer.

A party challenging the designation of

9

Confidential Information must do so in good faith and must begin the process

10

by conferring directly with counsel for the designating party. In conferring, the

11

challenging party must explain the basis for its belief that the confidentiality

12

designation was not proper and must give the designating party an opportunity

13

to review the designated material, to reconsider the designation, and, if no

14

change in designation is offered, to explain the basis for the designation. The

15

designating party must respond to the challenge within five (5) business days.

16

(b)

Judicial Intervention. A party that elects to challenge a

17

confidentiality designation may file and serve a motion that identifies the

18

challenged material and sets forth in detail the basis for the challenge. Each

19

such motion must be accompanied by a competent declaration that affirms that

20

the movant has complied with the meet and confer requirements of this

21

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

22

be on the designating party. Until the Court rules on the challenge, all parties

23

shall continue to treat the materials as Confidential Material under the terms of

24

this Order.

25

10.

Action by the Court. Applications to the Court for an order relating to

26 materials or documents designated as Confidential Material may be raised informally
27 or by motion. Nothing in this Order or any action or agreement of a party under this
28
9
STIPULATED PROTECTIVE ORDER

1 Order limits the Court’s power to make orders concerning the disclosure of documents
2 produced in discovery or at trial.
3

11.

Use of Confidential Documents or Information at Trial. Nothing in

4 this Order shall be construed to affect the use of any document, material, or
5 information at any trial or hearing. A party that intends to present or that anticipates
6 that another party may present Confidential Material at a hearing or trial shall bring
7 that issue to the Court’s and parties’ attention by motion or in a pretrial memorandum
8 without disclosing the Confidential Material. The Court may thereafter make such
9 orders as are necessary to govern the use of such documents or information at trial.
10

12.

Confidential Material Subpoenaed or Ordered Produced in Other

11 Civil Litigation.
12

(a)

If a receiving party is served with a subpoena or an order issued in

13

other civil litigation that would compel disclosure of any material or document

14

designated in this action as Confidential Material, the receiving party must so

15

notify the designating party, in writing, immediately and in no event more than

16

three court days after receiving the subpoena or order. Such notification must

17

include a copy of the subpoena or court order.

18

(b)

The receiving party also must immediately inform in writing the

19

party who caused the subpoena or order to issue in the other civil litigation that

20

some or all of the material covered by the subpoena or order is the subject of

21

this Order. In addition, the receiving party must deliver a copy of this Order

22

promptly to the party in the other action that caused the subpoena to issue.

23

(c)

The purpose of imposing these duties is to alert the interested

24

persons to the existence of this Order and to afford the designating party in this

25

case an opportunity to try to protect its Confidential Information in the court

26

from which the subpoena or order issued. The designating party shall bear the

27

burden and the expense of seeking protection in that court of its Confidential

28

Material, and nothing in these provisions should be construed as authorizing or
10
STIPULATED PROTECTIVE ORDER

1

encouraging a receiving party in this action to disobey a lawful directive from

2

another court. The obligations set forth in this paragraph remain in effect while

3

the party has in its possession, custody or control Confidential Material

4

produced by the designating party.

5

13.

Confidential Information Subpoenaed or Ordered Produced

6 Pursuant to Criminal Investigation and/or Prosecution. Notwithstanding any
7 other provision of this Order, if a receiving party is served with a warrant, writ, grand
8 jury subpoena, or criminal subpoena, the receiving party shall comply with that
9 warrant, writ, grand jury subpoena, or criminal subpoena without further notification
10 to any other party.
11

14.

Disclosure of Non-Party Borrower Information. To the extent any

12 federal or state law or other legal authority governing the disclosure or use of non13 party borrower Information (“Non-Party Borrower Information Law”) permits
14 disclosure of such Information pursuant to an order of a court, this Order shall
15 constitute compliance with such requirement. To the extent any Non-Party Borrower
16 Information Law requires a producing party or non-party to obtain a court-ordered
17 subpoena or give notice to or obtain consent, in any form or manner, from any person
18 or entity before disclosure of any Non-Party Borrower Information, the Court finds
19 that, in view of the protections provided for the Information disclosed in this Order,
20 the volume of documents to be produced and the ongoing oversight of the Court, there
21 is good cause to excuse such requirement, and this Order shall constitute an express
22 direction that the producing Party or non-party is exempted from obtaining a court23 ordered subpoena or having to notify and/or obtain consent from any person or entity
24 prior to the disclosure of Non-Party Borrower Information in the Action. To the
25 extent that any Non-Party Borrower Information Law requires that any person or
26 entity be notified prior to disclosure of Non-Party Borrower Information except where
27 such notice is prohibited by court order, the Court directs that, in view of the
28 protections provided for the Information disclosed in this Order, the volume of
11
STIPULATED PROTECTIVE ORDER

1 documents to be produced and the ongoing oversight of the Court, producing Parties
2 or non-parties are explicitly prohibited from providing such notice in the Action;
3 provided, however, that this Order shall not prohibit any producing Party or non-party
4 from contacting any person or entity for any other purpose. Any producing Party or
5 non-party may seek additional orders from this Court that such Party or non-party
6 believes may be necessary to comply with any Non-Party Borrower Information Law.
7

15.

Reservation of Rights. Nothing in this Protective Order confers upon

8 the Parties any further right or access to Confidential Material not provided by the
9 other Parties, including but not limited to any Information a Party or non-party
10 withholds on the basis of any applicable privilege or immunity, regardless of whether
11 such withheld Information may otherwise qualify as Confidential Material if
12 produced rather than withheld. With respect to Confidential Material requested or
13 produced, each Party reserves its rights under this Protective Order, and otherwise
14 under law. Any Confidential Material withheld on this basis or any other basis must
15 be identified on a privilege log to be provided by the Party or non-party asserting the
16 privilege or other protection within two weeks of the date the Confidential Material
17 would have been produced had it not been privileged or otherwise protected from
18 disclosure.
19
20

16.

Obligations on Conclusion of Litigation.
(a)

Order Continues in Force. Unless otherwise agreed or ordered,

21

this Order shall remain in force after dismissal or entry of final judgment not

22

subject to further appeal.

23

(b)

Obligations at Conclusion of Litigation. Within sixty (60) days

24

of the conclusion of this action (meaning final judgment and exhaustion of all

25

appeals or a final settlement of all claims), all Parties in receipt of Confidential

26

Material shall use commercially reasonable efforts to either return such

27

materials and copies thereof to the producing Party or destroy such materials

28

and certify that fact unless the Confidential Material has been offered into
12
STIPULATED PROTECTIVE ORDER

1

evidence or filed without restriction as to disclosure. The receiving Party’s

2

commercially reasonable efforts shall not require the return or destruction of

3

Confidential Material that (i) is stored on backup storage media made in

4

accordance with regular data backup procedures for disaster recovery purposes,

5

(ii) is located in the email archive system or archived electronic files of departed

6

employees, or (iii) is subject to legal hold obligations. Backup storage media

7

will not be restored for purposes of returning or certifying destruction of

8

Confidential Material but such retained information shall continue to be treated

9

in accordance with this Protective Order. Counsel of record shall also be

10

permitted to keep a copy of Confidential Material to the extent that it is

11

incorporated into any pleadings, motions or other attorney work product. In

12

that case, counsel of record shall continue to treat the Confidential Material in

13

accordance with this Protective Order. Upon request, counsel of record shall

14

certify in writing that they have complied with this paragraph.

15

17.

Order Subject to Modification.

This Order shall be subject to

16 modification by the Court on its own initiative or on motion of a party or any other
17 person with standing concerning the subject matter.
18

18.

No Prior Judicial Determination. This Order is entered based on the

19 representations and agreements of the parties and for the purpose of facilitating
20 discovery. Nothing herein shall be construed or presented as a judicial determination
21 that any document or material designated Confidential Material by counsel or the
22 parties is entitled to protection under Rule 26(c) of the Federal Rules of Civil
23 Procedure or otherwise until such time as the Court may rule on a specific document
24 or issue.
25

19.

No Waiver of Privileges. Pursuant to Federal Rule of Evidence 502(d),

26 the production of Confidential Material that is subject to the attorney-client privilege,
27 work product doctrine, or other claimed privileges, doctrines, exemptions, or
28 restrictions that the producing Party or non-party might cite in good faith as a basis
13
STIPULATED PROTECTIVE ORDER

1 for withholding such Confidential Material from production to any other party shall
2 not be deemed, and shall not constitute, in this or any other federal or state proceeding,
3 a waiver of any otherwise applicable privilege or protection. The Parties shall not
4 have to meet the requirements of Federal Rule of Evidence 502(b)(1)-(3). With
5 respect to the FDIC, in any of its capacities, these privileges include, but are not
6 limited to, any privilege that WaMu may have had or any federal or state regulatory
7 agency may hold. The Parties’ production of Confidential Material is not intended
8 to, and shall not, waive or diminish in any way the confidentiality of such material or
9 its continued protection under the attorney-client privilege, work product doctrine, or
10 any applicable privilege as to any other non-party.
11

Furthermore, in the event that a Party or non-party produces attorney-client

12 privileged or otherwise privileged Information, or other Information protected by law
13 from disclosure even under a Protective Order, and if the Party or non-party
14 subsequently notifies the receiving Party or non-party that the privileged Information
15 should not have been produced, the receiving Party or non-party shall immediately
16 return the originals and all copies of the produced privileged Information. If a party
17 withholds any information on the basis of Privilege, it shall provide a categorical
18 privilege log. The Parties agree that FDIC-R is not required to provide any kind of
19 identification of the documents withheld from production as protected by the Bank
20 Secrecy Act. Nothing in this Protective Order shall prevent FDIC from using any
21 Confidential Material that it produces to any Party or non-party in any of FDIC’s
22 capacities for any lawful purposes.
23

20.

Binding Effect; Assignment. This Protective Order shall be binding

24 upon and insure to the benefit of the Parties and non-parties hereto, their affiliates,
25 their representatives, and their respective successors or assigns. No Party may assign
26 any right or delegate any duty under this Protective Order other than to an affiliate
27 without the other Party’s prior written consent.
28
14
STIPULATED PROTECTIVE ORDER

1

21.

Remedies. To enforce rights under this Protective Order or in the event

2 of an alleged violation of this Protective Order, the Parties and/or any producing non3 party shall first seek to resolve the alleged violation through prompt and reasonable
4 discussion. In the event such efforts fail to promptly resolve the alleged violation, the
5 Parties and/or any producing non-party reserve the right to seek relief from the Court
6 in the Lawsuit for money damages, injunctive relief, or any other relief as appropriate.
7

22.

Notice. All notices required to be given under the Protective Order shall

8 be in writing and delivered to the addresses set forth below or their designated
9 successor counsel of record, if any. Notice shall be sent by overnight delivery or
10 registered or certified mail, return receipt requested, and by e-mail, and shall be
11 considered delivered and effective three days after mailing.
12 IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.
13 Dated: )HEUXDU\  
14 s/ Paul A. Levin
15 Paul A. Levin
Mark Migdal & Hayden
16 11150 Santa Monica Blvd.
17 Suite 1670
Los Angeles, California 90025
18

s/ Philip R. Stein
Philip R. Stein
Bilzin Sumberg Baena Price & Axelrod
1450 Brickell Avenue
Suite 2300
Miami, Florida 33131

19 Pursuant to Civil L.R. 5-4.3.4(a)(2)(i), the filer attests that all other signatories listed,
20 and on whose behalf this filing is submitted, concur in the filing’s content and have
authorized the filing.
21
s/ Paul A. Levin
Paul A. Levin
22
23

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

24

Dated: 02/06/2024

25

____________________________
/s/ Autumn D. Spaeth
Hon. Autumn D. Spaeth
United States Magistrate Judge

26
27
28
15

STIPULATED PROTECTIVE ORDER

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

1
2

3 FEDERAL DEPOSIT INSURANCE
4 CORPORATION AS RECEIVER
FOR WASHINGTON MUTUAL
5 BANK,
6
Plaintiff,
7

Case No. FY0(0)$'6
EXHIBIT A

vs.

8 LENNAR MORTGAGE, LLC, as
successor to EAGLE HOME
9
MORTGAGE, INC. and
10 UNIVERSAL AMERICAN
MORTGAGE COMPANY OF
11
CALIFORNIA,
12
Defendant.
13
14
15
16

ACKNOWLEDGMENT AND AGREEMENT
TO AGREED PROTECTIVE ORDER
The undersigned hereby acknowledges that he/she has read the Agreed

17 Protective Order dated ______ in the above-captioned action and attached hereto,
18 understands the terms thereof, and agrees to be bound by its terms. The undersigned
19 submits to the jurisdiction of the United States District Court for the Central District
20 of California in matters relating to the Agreed Protective Order and understands that
21 the terms of the Agreed Protective Order obligate him/her to use materials designated
22 as Confidential Material in accordance with the Order solely for the purposes of the
23 above captioned action, and not to disclose any such Confidential Material to any
24 other person, firm or concern.
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STIPULATED PROTECTIVE ORDER

1

The undersigned acknowledges that violation of the Agreed Protective Order

2 may result in penalties for contempt of court.
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Name:

___________________

Job Title:

___________________

8

Employer: ___________________

9

Address:

10

___________________
___________________

11

___________________

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15

Date:

___________________

Signature:

___________________

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17
STIPULATED PROTECTIVE ORDER