Paul Sapan v. CrossCountry Mortgage, LLC

Filing 28

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick. 27 [See Order for details.] (san) Modified on 3/11/2025 (san).

1

2.2

“CONFIDENTIAL” Information or Items: information (regardless of

2

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

3

under Federal Rule of Civil Procedure 26(c).

4
5
6

2.3

Counsel (without qualifier): Outside Counsel of Record and House

Counsel (as well as their support staff).
2.4

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

7

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

8

“CONFIDENTIAL.”

9

2.5

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

10

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

11

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

12

generated in disclosures or responses to discovery in this matter.

13

2.6

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

14

pertinent to the litigation who has been retained by a Party or its counsel to serve as

15

an expert witness or as a consultant in this action.

16

2.7

House Counsel: attorneys who are employees of a party to this action.

17

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

18

counsel.

19

2.8

20
21

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

other legal entity not named as a Party to this action.
2.9

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

22

to this action but are retained to represent or advise a party to this action and have

23

appeared in this action on behalf of that party or are affiliated with a law firm which

24

has appeared on behalf of that party.

25

2.10 Party: any party to this action, including all of its officers, directors,

26

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

27

support staffs).

28

2
152473722v.1

2.11 Producing Party: a Party or Non-Party that produces Disclosure or

1
2

Discovery Material in this action.

3

2.12 Professional Vendors: persons or entities that provide litigation support

4

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

5

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

6

and their employees and subcontractors.
2.13 Protected Material: any Disclosure or Discovery Material that is

7
8

designated as “CONFIDENTIAL.”
2.14 Receiving Party: a Party that receives Disclosure or Discovery Material

9
10

from a Producing Party.

11

3.

SCOPE

12

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

13

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

14

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

15

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

16

Counsel that might reveal Protected Material. However, the protections conferred by

17

this Stipulation and Order do not cover the following information: (a) any information

18

that is in the public domain at the time of disclosure to a Receiving Party or becomes

19

part of the public domain after its disclosure to a Receiving Party as a result of

20

publication not involving a violation of this Order, including becoming part of the

21

public record through trial or otherwise; and (b) any information known to the

22

Receiving Party prior to the disclosure or obtained by the Receiving Party after the

23

disclosure from a source who obtained the information lawfully and under no obligation

24

of confidentiality to the Designating Party. Any use of Protected Material at trial shall

25

be governed by a separate agreement or order.

26
27
28

3
152473722v.1

1

4.

DURATION

2

Even after final disposition of this litigation, the confidentiality obligations

3

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

4

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

5

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

6

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

7

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

8

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

9

5.

10

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

11

Each Party or Non-Party that designates information or items for protection under this

12

Order must take care to limit any such designation to specific material that qualifies

13

under the appropriate standards. The Designating Party must designate for protection

14

only those parts of material, documents, items, or oral or written communications that

15

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

16

for which protection is not warranted are not swept unjustifiably within the ambit of

17

this Order.

18

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

19

are shown to be clearly unjustified or that have been made for an improper purpose

20

(e.g., to unnecessarily encumber or retard the case development process or to impose

21

unnecessary expenses and burdens on other parties) expose the Designating Party to

22

sanctions.

23

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

24

designated for protection do not qualify for protection, that Designating Party must

25

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

26
27

5.2

Manner and Timing of Designations. Except as otherwise provided in

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

28

4
152473722v.1

1

stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

2

under this Order must be clearly so designated before the material is disclosed or

3

produced.

4

Designation in conformity with this Order requires:
(a)

5

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

6

documents, but excluding transcripts of depositions or other pretrial or trial

7

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to each

8

page that contains protected material. If only a portion or portions of the material on a

9

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

10

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

11

for testimony given in deposition or in other pretrial or trial

12

proceedings, that the Designating Party identify on the record, before the close of the

13

deposition, hearing, or other proceeding, all protected testimony.
(c)

14

for information produced in some form other than documentary and

15

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

16

exterior of the container or containers in which the information or item is stored the

17

legend “CONFIDENTIAL.” If only a portion or portions of the information or item

18

warrant protection, the Producing Party, to the extent practicable, shall identify the

19

protected portion(s).

20

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

21

failure to designate qualified information or items does not, standing alone, waive

22

the Designating Party’s right to secure protection under this Order for such material.

23

Upon timely correction of a designation, the Receiving Party must make reasonable

24

efforts to assure that the material is treated in accordance with the provisions of this

25

Order.

26
27
28

5
152473722v.1

1
2

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a

3

designation of confidentiality at any time. Unless a prompt challenge to a Designating

4

Party’s confidentiality designation is necessary to avoid foreseeable, substantial

5

unfairness, unnecessary economic burdens, or a significant disruption or delay of the

6

litigation, a Party does not waive its right to challenge a confidentiality designation

7

by electing not to mount a challenge promptly after the original designation is

8

disclosed.

9

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

10

resolution process by providing written notice of each designation it is challenging

11

and describing the basis for each challenge. To avoid ambiguity as to whether a

12

challenge has been made, the written notice must recite that the challenge to

13

confidentiality is being made in accordance with this specific paragraph of the

14

Protective Order. The parties shall attempt to resolve each challenge in good faith and

15

must begin the process by conferring directly (in voice to voice dialogue; other forms

16

of communication are not sufficient) within 14 days of the date of service of notice.

17

In conferring, the Challenging Party must explain the basis for its belief that the

18

confidentiality designation was not proper and must give the Designating Party an

19

opportunity to review the designated material, to reconsider the circumstances, and,

20

if no change in designation is offered, to explain the basis for the chosen designation.

21

A Challenging Party may proceed to the next stage of the challenge process only if it

22

has engaged in this meet and confer process first or establishes that the Designating

23

Party is unwilling to participate in the meet and confer process in a timely manner.

24

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without

25

court intervention, the Designating Party shall file and serve a motion to retain

26

confidentiality under Civil Local Rule 7 (and in compliance with Civil Local Rule 79-

27

5, if applicable) within 21 days of the initial notice of challenge or within 14 days of the

28

6
152473722v.1

1

parties agreeing that the meet and confer process will not resolve their dispute,

2

whichever is earlier. Each such motion must be accompanied by a competent

3

declaration affirming that the movant has complied with the meet and confer

4

requirements imposed in the preceding paragraph. Failure by the Designating Party to

5

make such a motion including the required declaration within 21 days (or 14 days, if

6

applicable) shall automatically waive the confidentiality designation for each

7

challenged designation. In addition, the Challenging Party may file a motion

8

challenging a confidentiality designation at any time if there is good cause for doing so,

9

including a challenge to the designation of a deposition transcript or any portions

10

thereof. Any motion brought pursuant to this provision must be accompanied by a

11

competent declaration affirming that the movant has complied with the meet and confer

12

requirements imposed by the preceding paragraph.

13

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

14

Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

15

to harass or impose unnecessary expenses and burdens on other parties) may expose the

16

Challenging Party to sanctions. Unless the Designating Party has waived the

17

confidentiality designation by failing to file a motion to retain confidentiality as

18

described above, all parties shall continue to afford the material in question the level of

19

protection to which it is entitled under the Producing Party’s designation until the court

20

rules on the challenge.

21

7.

22

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

23

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

24

case only for prosecuting, defending, or attempting to settle this litigation. Such

25

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

26

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

27
28

7
152473722v.1

1

Receiving Party must comply with the provisions of section 13 below (FINAL

2

DISPOSITION).

3

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

4

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

5

authorized under this Order.

6

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

7

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

8

Receiving Party may disclose any information or item designated

9

“CONFIDENTIAL” only to:

10

(a)

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

11

well as employees of said Outside Counsel of Record to whom it is reasonably

12

necessary to disclose the information for this litigation and who have signed the

13

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
(b)

14

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

15

the Receiving Party to whom disclosure is reasonably necessary for this litigation and

16

who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(c)

17

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

18

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

19

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

20

(d)

the court and its personnel;

21

(e)

court reporters and their staff, professional jury or trial consultants,

22

mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for

23

this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”

24

(Exhibit A);
(f)

25

during their depositions, witnesses in the action to whom disclosure

26

is reasonably necessary and who have signed the “Acknowledgment and Agreement to

27

Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered

28

8
152473722v.1

1

by the court. Pages of transcribed deposition testimony or exhibits to depositions that

2

reveal Protected Material must be separately bound by the court reporter and may not

3

be disclosed to anyone except as permitted under this Stipulated Protective Order.
(g)

4
5

the author or recipient of a document containing the information or

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

6

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

7

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

8

“CONFIDENTIAL,” that Party must:
(a)

9
10

promptly notify in writing the Designating Party. Such notification

shall include a copy of the subpoena or court order;
(b)

11

promptly notify in writing the party who caused the subpoena or

12

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

13

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

14

copy of this Stipulated Protective Order; and
(c)

15
16

cooperate with respect to all reasonable procedures sought to be

pursued by the Designating Party whose Protected Material may be affected.

17

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

18

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

19

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

20

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

21

Designating Party shall bear the burden and expense of seeking protection in that court

22

of its confidential material – and nothing in these provisions should be construed as

23

authorizing or encouraging a Receiving Party in this action to disobey a lawful directive

24

from another court.

25

9.

26

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
IN THIS LITIGATION
(a)

27
28

The terms of this Order are applicable to information produced by a
9

152473722v.1

1

Non-Party in this action and designated as “CONFIDENTIAL.” Such information

2

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

3

and relief provided by this Order. Nothing in these provisions should be construed as

4

prohibiting a Non-Party from seeking additional protections.
(b)

5

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

6

produce a Non-Party’s confidential information in its possession, and the Party is

7

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

8

information, then the Party shall:
(1)

9

promptly notify in writing the Requesting Party and the Non-

10

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

11

agreement with a Non-Party;
(2)

12

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

13

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

14

specific description of the information requested; and
(3)

15
16

the Non-Party.

17

(c)

make the information requested available for inspection by

If the Non-Party fails to object or seek a protective order from this

18

court within 14 days of receiving the notice and accompanying information, the

19

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

20

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

21

Party shall not produce any information in its possession or control that is subject to the

22

confidentiality agreement with the Non-Party before a determination by the court.

23

Absent a court order to the contrary, the Non-Party shall bear the burden and expense

24

of seeking protection in this court of its Protected Material.

25

10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

26

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

27

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

28

10
152473722v.1

1

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

2

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

3

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

4

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

5

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

6

that is attached hereto as Exhibit A.

7

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

8

PROTECTED MATERIAL

9

When a Producing Party gives notice to Receiving Parties that certain

10

inadvertently produced material is subject to a claim of privilege or other protection,

11

the obligations of the Receiving Parties are those set forth in Federal Rule of Civil

12

Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

13

may be established in an e-discovery order that provides for production without prior

14

privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

15

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

16

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

17

parties may incorporate their agreement in the stipulated protective order submitted to

18

the court.

19

12.

20
21

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

person to seek its modification by the court in the future.

22

12.2 Right to Assert Other Objections. By stipulating to the entry of this

23

Protective Order no Party waives any right it otherwise would have to object to

24

disclosing or producing any information or item on any ground not addressed in this

25

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

26

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

27
28

11
152473722v.1

1

12.3 Filing Protected Material. Without written permission from the

2

Designating Party or a court order secured after appropriate notice to all interested

3

persons, a Party may not file in the public record in this action any Protected Material.

4

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

5

Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court

6

order authorizing the sealing of the specific Protected Material at issue. Pursuant to

7

Civil Local Rule 79-5, a sealing order will issue only upon a request establishing good

8

cause or demonstrating compelling reasons why the strong presumption of public access

9

in civil cases should be overcome. If a Receiving Party's request to file Protected

10

Material under seal pursuant to Civil Local Rule 79-5 is denied by the court, then the

11

Receiving Party may file the information in the public record pursuant to Civil Local

12

Rule 79-5 unless otherwise instructed by the court.

13

13.

FINAL DISPOSITION

14

Within 60 days after the final disposition of this action, as defined in paragraph

15

4, each Receiving Party must return all Protected Material to the Producing Party or

16

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

17

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

18

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

19

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

20

Party (and, if not the same person or entity, to the Designating Party) by the 60 day

21

deadline that (1) identifies (by category, where appropriate) all the Protected Material

22

that was returned or destroyed and (2) affirms that the Receiving Party has not

23

retained any copies, abstracts, compilations, summaries or any other format

24

reproducing or capturing any of the Protected Material. Notwithstanding this

25

provision, Counsel are entitled to retain an archival copy of all pleadings, motion

26

papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

27

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

28

12
152473722v.1

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________, of _________________, declare under penalty

4

of perjury that I have read in its entirety and understand the Stipulated Protective Order

5

that was issued by the United States District Court for the Central District of California

6

on ________ in the case of Sapan v. CrossCountry Mortgage, LLC, Case No.: 8:24-cv-

7

01064-JWH-DFM. I agree to comply with and to be bound by all the terms of this

8

Stipulated Protective Order and I understand and acknowledge that failure to so comply

9

could expose me to sanctions and punishment in the nature of contempt. I solemnly

10

promise that I will not disclose in any manner any information or item that is subject to

11

this Stipulated Protective Order to any person or entity except in strict compliance with

12

the provisions of this Order.

13

I further agree to submit to the jurisdiction of the United States District Court for the

14

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

15

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

16

action.

17

I hereby appoint ____________ of _______________________________________ as

18

my California agent for service of process in connection with this action or any

19

proceedings related to enforcement of this Stipulated Protective Order.

20
21

Date: ______________________________________

22

City and State where sworn and signed: _________________________________

23
24

Printed name: _______________________________

25
26

Signature: __________________________________

27
28

14
152473722v.1