Economides v. Hireright, LLC

Filing 20

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Barbara A. McAuliffe on 06/06/2024.(Flores, E)

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DANIEL “SPARKY” ABRAHAM, Bar No. 299193
[e-mail]
JUBILEE LEGAL
300 E. Esplanade Dr., Suite 900
Oxnard, CA 93036
Telephone: [phone]
Fax No.:
[phone]
MICHAEL F. CARDOZA, Bar No. 194065
[e-mail]
LAUREN B. VEGGIAN, Bar No. 309929
[e-mail]
THE CARDOZA LAW CORPORATION
548 Market St., #80594
San Francisco, CA 94104
Telephone: [phone]
Fax:
[phone]
Attorneys for Plaintiff
MICHAEL ECONOMIDES

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Additional Counsel listed on next page
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL ECONOMIDES,

Case No. 1:24-cv-00145-JLT-BAM

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Plaintiff,

STIPULATED PROTECTIVE ORDER

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v.
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HIRERIGHT, LLC and ROES, 1-10,
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Defendants.
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LITTLER
MENDELSON, P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

Case No. 1:24-cv-00145-JLT-BAM

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ROD M. FLIEGEL, Bar No. 168289
[e-mail]
LITTLER MENDELSON, P.C.
101 Second Street
Suite 1000
San Francisco, California 94105
Telephone: [phone]
Fax No.:
415.399.8490

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RACHEL E. SIMONS, Bar No. 322804
[e-mail]
LITTLER MENDELSON, P.C.
500 Capitol Mall
Suite 2000
Sacramento, California 95814
Telephone: [phone]
Fax No.:
916.561.0828
Attorneys for Defendant
HIRERIGHT, LLC

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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1.

A.

PURPOSES AND LIMITATIONS

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Discovery in this action will involve production of confidential, proprietary or private

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

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than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to, and

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petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that

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this Order does not confer blanket protections on all disclosures or responses to discovery and that the

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

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

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B.

GOOD CAUSE STATEMENT

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The above-captioned matter is likely to involve private employment records, confidential

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information and documents related to the Parties’ operations, financial information, customer

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information, non-party employee information, and other proprietary and/or privileged information for

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

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of this action is warranted. Such confidential and proprietary materials and information consist of,

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among other things, confidential business or financial information, information regarding confidential

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

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information implicating privacy rights of third parties), private employment information, information

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

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disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to

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expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of

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discovery materials, to adequately protect information the parties are entitled to keep confidential, to

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ensure that the parties are permitted reasonable necessary uses of such material in preparation for and

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in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice,

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

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information will not be designated as confidential for tactical reasons and that nothing be so designated

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without a good faith belief that it has been maintained in a confidential, non-public manner, and there

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is good cause why it should not be part of the public record of this case.

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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C.

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The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated

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Protective Order does not entitle them to file confidential information under seal; Local Civil Rule

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141 sets forth the procedures that must be followed and the standards that will be applied when a party

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seeks permission from the court to file material under seal.

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

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There is a strong presumption that the public has a right of access to judicial proceedings and

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records in civil cases. In connection with non-dispositive motions, good cause must be shown to

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support a filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th

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Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.

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Sony Electrics, 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 proper

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evidentiary support and legal justification, must be made with respect to Protected Material that a party

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seeks to file under seal. The parties’ mere designation of Disclosure or Discovery Material as

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CONFIDENTIAL does not—without the submission of competent evidence by declaration,

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establishing that the material sought to be filed under seal qualifies as confidential, privileged, or

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otherwise protectable—constitute good cause.

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

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reasons, not only good cause, for the sealing must be shown, and the relief sought shall be narrowly

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tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d

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665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought to be

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filed or introduced under seal in connection with a dispositive motion or trial, the party seeking

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protection must articulate compelling reasons, supported by specific facts and legal justification, for

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the requested sealing order. Again, competent evidence supporting the application to file documents

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under seal must be provided by declaration.

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Any document that is not confidential, privileged, or otherwise protectable in its entirety will

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not be filed under seal if the confidential portions can be redacted. If documents can be redacted, then

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a redacted version for public viewing, omitting only the confidential, privileged, or otherwise

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protectable portions of the document, shall be filed. Any application that seeks to file documents

LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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under seal in their entirety should include an explanation of why redaction is not feasible.

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2.

DEFINITIONS

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2.1

Action: Economides v. HireRight, LLC, Case No. 1:24-CV-00145-BAM.

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2.2

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

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or items under this Order.

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2.3

“CONFIDENTIAL” Information or Items:

Information (regardless of how it is

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

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Civil Procedure 26(c), and as specified above in the Good Cause Statement.

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2.4

Counsel: Outside Counsel of Record and House Counsel (as well as their support staff).

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2.5

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

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

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2.6

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

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or manner in which it is generated, stored, or maintained (including, among other things, testimony,

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transcripts, and tangible things), that are produced or generated in disclosures or responses to

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discovery in this matter.

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2.7

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

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litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant

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in this Action.

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2.8

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

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

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

entity not named as a Party to this action.

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2.10

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

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

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of that party or are affiliated with a law firm that has appeared on behalf of that party, and includes

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support staff.

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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2.11

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

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

2.12 Producing Party: A Party or Non-Party that produces Disclosure or Discovery Material
in this Action.

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2.13

Professional Vendors: Persons or entities that provide litigation support services (e.g.,

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photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing,

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or retrieving data in any form or medium) and their employees and subcontractors.

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2.14

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

“CONFIDENTIAL.”

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2.15

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

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Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulated Protective Order cover not only Protected Material

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(as defined above), but also (1) any information copied or extracted from Protected Material; (2) all

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copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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

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

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

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this Action, with or without prejudice; and (2) final judgment herein after the completion

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

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

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

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

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must take care to limit any such designation to specific material that qualifies under the appropriate

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standards.

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

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documents, items or communications for which protection is not warranted are not swept unjustifiably

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within the ambit of this Order.

Exercise of Restraint and Care in Designating Material for Protection.

The Designating Party must designate for protection only those parts of material,

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

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to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily

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encumber the case development process or to impose unnecessary expenses and burdens on other

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parties) may expose the Designating Party to sanctions.

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

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protection do not qualify for protection, that Designating Party must promptly notify all other Parties

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that it is withdrawing the inapplicable designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in this Order (see,

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e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or

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

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the material is disclosed or produced.

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Designation in conformity with this Order requires:

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(a) for information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

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affix at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each

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page that contains protected material. If only a portion of the material on a page qualifies for

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

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appropriate markings in the margins).

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

A Party or Non-Party that makes original documents available for inspection need not
designate them for protection until after the inspecting Party has indicated which documents it would
4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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like copied and produced. During the inspection and before the designation, all of the material made

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available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

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identified the documents it wants copied and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this Order. Then, before producing the

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

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that contains Protected Material. If only a portion of the material on a page qualifies for protection,

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

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markings in the margins).

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(b) for testimony given in depositions or pretrial proceedings that the Designating Party

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identifies the Disclosure or Discovery Material on the record, before the close of the deposition,

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hearing, or other proceeding all protected testimony.

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When it is impractical to identify separately each portion of the testimony that may qualify for

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protection, and when it appears that substantial portions of the testimony may qualify for protection,

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either Party or a participating Non-Party may invoke on the record (before the deposition or proceeding

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is concluded) a right to have up to twenty (20) days following completion of the transcript to identify

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the specific portions of the testimony as to which protection is sought. Only those portions of the

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testimony that are appropriately designated for protection within the twenty (20) days shall be covered

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by the provisions of this Stipulated Protective Order.

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If practical, transcript pages containing Protected Material must be separately bound

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by the court reporter. The court reporter must affix to the top of each such page the legend

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“CONFIDENTIAL” as instructed by the Party or nonparty requesting the designation.

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(c)

for information produced in some form other than documentary and for any

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other tangible items, that the Producing Party affix in a prominent place on the exterior of the container

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

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portions of the information warrants protection, the Producing Party, to the extent practicable, shall

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identify the protected portion(s).

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

5.3

Inadvertent Failures to Designate.

If timely corrected, an inadvertent failure to

designate qualified information or items does not, standing alone, waive the Designating Party’s right
4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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to secure protection under this Order for such material. Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the material is treated in accordance with

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the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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confidentiality (“Designation Challenge”) at any time that is consistent with the Court’s Scheduling

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Order.

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6.2

Form of Challenges. The Challenging Party shall advise counsel for the Designating

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Party, in writing, of its Designation Challenges, the specific documents, testimony, or information to

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which each challenge pertains, and the specific reasons and support for the challenges. Counsel for the

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Designating Party shall have thirty (30) days from the receipt of the written Designation Challenges

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to either: (a) agree in writing to de-designate documents, testimony, or information pursuant to the

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challenges; and/or (b) file a motion with the Court seeking to uphold any or all of the designations

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challenged. In the event that the Designation Challenges are neither timely agreed to nor timely

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addressed by Motion to the Court, then the documents, testimony, or information subject to the

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Designation Challenges shall be de-designated in accordance with the Designation Challenges

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applicable to that material.

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6.3

Meet and Confer. The Designating Party shall initiate the dispute resolution process

under Local Rule 251 et seq.

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

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Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

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unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating 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 entitled under the

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Producing Party’s designation until the Court rules on the challenge.

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7.

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

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

produced by another Party or by a Non-Party in connection with this Action only for prosecuting,
4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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defending or attempting to settle this Action. Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this Order. When the Action has been

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

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DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location and in a
secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by

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the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Outside Counsel of Record in this Action, as well as employees

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of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for

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this Action;

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(b)

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

Party to whom disclosure is reasonably necessary for this Action;
(c)

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

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reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to

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Be Bound” (Exhibit A);

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(d)

the court and its personnel;

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(e)

court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and Professional Vendors to whom

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disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);

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(g)

the author or recipient of a document containing the information or a custodian or other

person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses, in the Action to whom

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disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the

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form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential

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information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition

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testimony or exhibits to depositions that reveal Protected Material may be separately bound by the

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court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective

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Order;

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(i)

any mediator or settlement officer, and their supporting personnel, mutually agreed

upon by any of the parties engaged in settlement discussions;

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(j)

Insurance carriers and brokers for the undersigned Parties, including their claims

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representatives, agents, and adjusters to whom disclosure is reasonably necessary in connection with

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this Action; and

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(k)

Witnesses in the action to whom disclosure is reasonably necessary and who have

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signed the “Agreement to Be Bound by Protective Order” (Exhibit A).

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8.

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LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

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

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compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that

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Party must:

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(a)

promptly notify in writing the Designating Party. Such notification shall include a copy

of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena or order to issue in the

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other litigation that some or all of the material covered by the subpoena or order is subject to this

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

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(c)

cooperate with respect to all reasonable procedures sought to be pursued by the

Designating Party whose Protected Material may be affected.

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

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court order shall not produce any information designated in this action as “CONFIDENTIAL” before

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a determination by the court from which the subpoena or order issued, unless the Party has obtained

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the Designating Party’s permission. The Designating Party shall bear the burden and expense of

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seeking protection in that court of its confidential material and nothing in these provisions should be

LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive

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from another court.

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9.

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LITIGATION

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

(a)

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

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Action and designated as “CONFIDENTIAL.”

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connection with this litigation is protected by the remedies and relief provided by this Order. Nothing

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in these provisions should be construed as prohibiting a Non-Party from seeking additional

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protections.

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(b)

Such information produced by Non-Parties in

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

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Party’s confidential information in its possession, and the Party is subject to an agreement with the

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Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

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(1)

promptly notify in writing the Requesting Party and the Non-Party that some or

all of the information requested is subject to a confidentiality agreement with a Non-Party;

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(2)

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

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

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information requested; and

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(3)

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requested.

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(c)

make the information requested available for inspection by the Non-Party, if

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

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receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s

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confidential information responsive to the discovery request. If the Non-Party timely seeks a

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protective order, the 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 determination by the court.

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

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protection in this court of its Protected Material.

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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Material to any person or in any circumstance not authorized under this Stipulated Protective Order,

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the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized

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disclosures, (b) use its best efforts to retrieve (or confirm such person or persons have permanently

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

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

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persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as

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Exhibit A.

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11.

INFORMATION SECURITY PROTECTIONS
Any person in possession of another Party’s o r

Non-Party’s

Confidential

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Information shall maintain a written information security program that includes reasonable

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administrative, technical, and physical

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confidentiality of such Confidential Information, protect against any reasonably anticipated

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threats or hazards to the security of such Confidential Information, and protect against unauthorized

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access to or use of such Confidential Information. To the extent a person or party does not have

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an information security program they may comply with this provision by having the Confidential

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Information managed by and/or stored with eDiscovery vendors or claims administrators that

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maintain such an information security program.
If the Receiving Party discovers a breach of security, including any actual or suspected

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safeguards designed to protect the

security and

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unauthorized access, relating to another Party’s or Non-Party’s Confidential Information, the

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Receiving Party shall: (a) promptly provide written n otice to Designating Party of such breach; (b)

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investigate and take reasonable efforts to remediate the effects of the breach, and provide

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Designating Party with assurances reasonably satisfactory to Designating Party that such breach

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shall not recur; and (c) provide sufficient information about the breach that the Designating Party
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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

can reasonably ascertain the size and scope of the breach.

If required by any judicial or

governmental request, requirement or order to disclose such information, the Receiving Party shall
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Case No. 1:24-cv-00145-JLT-BAM

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take all reasonable steps to give the Designating Party sufficient prior notice in order to contest such

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request, requirement or order through legal means. The Receiving Party agrees to cooperate with

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the Designating Party or law enforcement in investigating any such security incident. In any

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event, the Receiving Party shall promptly take all necessary and appropriate corrective action to
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terminate the unauthorized access.
12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

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MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

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material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties

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are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to

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modify whatever procedure may be established in an e-discovery order that provides for production

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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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

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the attorney-client privilege or work product protection, the parties may incorporate their agreement

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in the stipulated protective order submitted to the court.

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13.

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MISCELLANEOUS
13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its

modification by the Court in the future.

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13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no

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Party waives any right it otherwise would have to object to disclosing or producing any information

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or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives

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

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Order.

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13.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material

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must comply with Local Civil Rule 141. Protected Material may only be filed under seal pursuant to

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a court order authorizing the sealing of the specific Protected Material at issue. If a Party’s request to

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

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Case No. 1:24-cv-00145-JLT-BAM

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file Protected Material 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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13.4 Agreement to be Bound Prior to Court Approval. The Parties agree to be bound by the

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Stipulated Protective Order immediately following its execution and prior to the Court’s approval of

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the Stipulated Protective Order. Should the Court decline to approve this Stipulated Protective Order,

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the Parties agree to further meet and confer in good faith regarding a Revised Stipulated Protective

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Order for the Court’s approval. If the Parties are unable to reach an agreement on the terms of a

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Revised Stipulated Protective Order after the Parties meet and confer, the Parties agree to return the

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Protected Material exchanged pursuant to this Stipulated Protective Order and agree the Protected

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Material will have the same protections as if this Stipulated Protective Order was signed and approved

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by the Court.

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14.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 4, within 60 days of a written

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request by the Designating Party, and subject top paragraphs (a) and (b) below, each Receiving Party

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

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subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any

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

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

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(and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies

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

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

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any other format reproducing or capturing any of the Protected Material. Notwithstanding this

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

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

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

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

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remain subject to this Protective Order as set forth in Section 4 (DURATION).

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///

LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

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Case No. 1:24-cv-00145-JLT-BAM

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(a)

If “Confidential Information” has been loaded into any litigation review database, the

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attorney for the party using such database shall have the responsibility of ensuring that all such

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“Confidential Information” (including all associated images and native files), are extracted from such

4

databases (including any associated staging databases) and destroyed. “Destroyed” shall mean

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deletion of documents from all databases, applications and/or file systems in a manner such that they

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are not readily accessible without the use of specialized tools or techniques typically used by a forensic

7

expert.

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(b)

The Parties, counsel of record for the Parties, and experts or consultants for a party

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shall not be required to return or to destroy any “Confidential Information” to the extent such

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information is: (i) stored on media that is generally considered not reasonably accessible, such as

11

disaster recovery backup tapes, or (ii) only retrievable through the use of specialized tools or

12

techniques typically used by a forensic expert; provided that to the extent any “Confidential

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Information” is not returned or destroyed due to the foregoing reasons, such “Confidential

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Information” remain subject to this Protective Order as set forth in Section 4 (DURATION).

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15.

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VIOLATION
Any violation of this Order may be punished by appropriate measures including, without

limitation, contempt proceedings and/or monetary sanctions.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: June 5, 2024

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/s/ Daniel "Sparky" Abraham (as authorized on 6/5/24)
DANIEL “SPARKY” ABRAHAM
JUBILEE LEGAL
Attorneys for Plaintiff
MICHAEL ECONOMIDES

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

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Case No. 1:24-cv-00145-JLT-BAM

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Dated: June 5, 2024

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/s/ Lauren B. Veggian (as authorized on 6/5/24)
MICHAEL F. CARDOZA
LAUREN B. VEGGIAN
THE CARDOZA LAW CORPORATION
Attorneys for Plaintiff
MICHAEL ECONOMIDES

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Dated: June 5, 2024

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/s/ Rachel E. Simons
ROD M. FLIEGEL
RACHEL E. SIMONS
LITTLER MENDELSON, P.C.
Attorneys for Defendant
HIRERIGHT, LLC

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

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Case No. 1:24-cv-00145-JLT-BAM

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

_________________________________

[print

or

type

full

name],

of

4
_______________________ [print or type full address], declare under penalty of perjury, that I have
5
read in its entirety and understand the Stipulated Protective Order that was issued by the United States
6
District Court for the Eastern District of California on __________________ [date] in the case of
7
Economides v. HireRight, LLC, Case No. 1:24-CV-000145-BAM. I agree to comply with and to be
8
bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that
9
failure to so comply could expose me to sanctions and punishment in the nature of contempt. I
10
solemnly promise that I will not disclose in any manner any information or item that is subject to this
11
Stipulated Protective Order to any person or entity except in strict compliance with the provisions of
12
this Order.
13
I further agree to submit to the jurisdiction of the United States District Court for the Eastern
14
District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even
15
if such enforcement proceedings occur after termination of this action.

I hereby appoint

16
_________________________________ [print or type full name], of _______________________
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[print or type full address and telephone number] as my California agent for service of process in
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connection with this action or any proceedings related to enforcement of this Stipulated Protective
19
Order.
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Date: __________________________
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City and State where sworn and signed: ____________________________
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Printed Name: _________________________
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Signature: ____________________________
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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM

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ORDER
Having considered the parties’ stipulated protective order, and finding good cause, the Court
adopts the stipulated protective order. (Doc. 16.)
The parties are advised that pursuant to the Local Rules of the United States District Court,

5

Eastern District of California, any documents subject to the protective order to be filed under seal

6

must be accompanied by a written request which complies with Local Rule 141 prior to sealing.

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Additionally, the parties shall consider resolving any dispute arising under the stipulated

8

protective order according to the Court’s informal discovery dispute procedure.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 6, 2024

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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LITTLER MENDELSON,
P.C.
101 Second Street
Suite 1000
San Francisco, CA
94105
415.433.1940

4869-8372-8837.2 / 084143-1100

STIPULATED PROTECTIVE ORDER

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Case No. 1:24-cv-00145-JLT-BAM