Darrin v. Bank of America, N.A.

Filing 65

STIPULATION and 64 PROTECTIVE ORDER between non-party Equifax Information Services, Jude Darrin, and Bank of America signed by Magistrate Judge Kendall J. Newman on 7/9/2013 regarding confidential information produced by Equifax. (Marciel, M)

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Linda Deos (State Bar No. 179170)
Law Office of Linda Deos
770 L Street, Suite 950
Sacramento, CA 95814
Telephone: [phone]
[e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUDE DARRIN,
Plaintiff,

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v.
BANK OF AMERICA, N.A.,
Defendant.

Case No. 2:12-cv-00228-MCE-KJN
Assigned to the Honorable
Morrison C. England, Jr.
STIPULATED PROTECTIVE
ORDER BETWEEN NON-PARTY
EQUIFAX INFORMATION
SERVICES, LLC, PLAINTIFF, and
DEFENDANT REGARDING
CONFIDENTIAL INFORMATION
PRODUCED BY NON-PARTY
EQUIFAX INFORMATION
SERVICES, LLC

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STIPULATED PROTECTIVE ORDER
Case No. 2:12-cv-00228-MCE-KJN

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IT IS HEREBY STIPULATED by and between Plaintiff Jude Darrin,

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Defendant Bank of America, N.A. (“BOA”), and non-party Equifax Information

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Services, LLC (“Equifax”), through their respective attorneys of record, as follows:

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WHEREAS, documents and information have been and may be sought,
produced or exhibited by Equifax to the parties to this action relating to trade
secrets, confidential research, development, technology or other proprietary
information belonging to Equifax and/or personal income, credit and other
confidential information of Plaintiff.
WHEREAS, Equifax is not a party to this action and may not have notice of
how and when its confidential documents and information are used;
THEREFORE, an Order of this Court protecting such confidential
information shall be and hereby is made by this Court on the following terms:
1.

This Order shall govern the use, handling and disclosure of all

documents, testimony or information produced or given by Equifax in this action
which are designated to be subject to this Order in accordance with the terms
hereof.
2.

Equifax may designate documents and materials produced in this

action and the information contained therein subject to this Order by typing or
stamping on the front of the document, or on the portion(s) of the document for
which confidential treatment is designated, “Confidential.”
3.

If Equifax believes in good faith that, despite the provisions of this

Protective Order, there is a substantial risk of identifiable harm if particular

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documents it designates as “Confidential” are disclosed to parties or non-parties to

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this action, Equifax may designate those particular documents as “Confidential—

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Attorneys’ Eyes Only.”

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4.

To the extent any motions, briefs, pleadings, deposition transcripts, or

other papers to be filed with the Court incorporate documents or information

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subject to this Order, the party filing such papers shall designate such materials, or
portions thereof, as “Confidential,” or “Confidential—Attorneys Eyes Only” and
shall file them with the clerk under seal; provided, however, that a copy of such
filing having the confidential information deleted therefrom may be made part of
the public record. Any party filing any document under seal must comply with the
requirements of Civil Local Rule 141.
5.

All documents, transcripts, or other materials subject to this Order, and

all information derived therefrom which reveals specific confidential information
present in the documents, transcripts or materials (including, but not limited to, all
testimony, deposition, or otherwise, that refers, reflects or otherwise discusses any
information designated Confidential hereunder), shall not be used, directly or
indirectly, by any person for any business, commercial or competitive purposes or
for any purpose whatsoever other than solely for the preparation and trial of this
action in accordance with the provisions of this Order.
6.

Except with the prior written consent of Equifax or pursuant to prior

Order after notice, any document, transcript or pleading given “Confidential”
treatment under this Order, and any information contained in, or derived from any
such materials which reveals specific confidential information present in the
documents, transcripts or materials (including but not limited to, all deposition
testimony that refers, reflects or otherwise discusses any information designated
confidential hereunder) may not be disclosed other than in accordance with this
Order and may not be disclosed to any person other than: (a) the Court and its
officers; (b) parties to this litigation; (c) counsel for the parties, whether retained
counsel or in-house counsel and employees of counsel assigned to assist such
counsel in the preparation of this litigation; (d) fact witnesses at deposition or trial
subject to a proffer to the Court or a stipulation of the parties that such witnesses
need to know such information; and (e) experts specifically retained as consultants

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or expert witnesses in connection with this litigation.
7.

Except with the prior written consent of Equifax or pursuant to prior

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Order after notice, any document, transcript or pleading given “Confidential—

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Attorneys Eyes Only” treatment under this Order, and any information contained in,

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or derived from any such materials (including but not limited to, all deposition
testimony that refers, reflects or otherwise discusses any information designated
confidential hereunder) may not be disclosed other than in accordance with this
Order and may not be disclosed to any person other than: (a) the Receiving Party’s
Outside Counsel of record in this action, as well as employees of said Counsel to
whom it is reasonably necessary to disclose the information for this litigation and
who have signed the “Agreement to Be Bound by Protective Order” that is attached
hereto as Exhibit A; (b) Experts specifically retained as consultants or expert

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witnesses in connection with this litigation who have signed the “Declaration of

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Compliance” (Exhibit A); (c) the Court and its personnel; (d) court reporters, their

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staffs, and professional vendors to whom disclosure is reasonably necessary for this
litigation and who have signed the “Declaration of Compliance” (Exhibit A); and
(e) the author of the document or the original source of the information.
8.

Documents produced pursuant to this Order shall not be made

available to any person designated in Subparagraph 7(b) unless he or she shall have
first read this Order, agreed to be bound by its terms, and signed the attached
Declaration of Compliance.
9.

All persons receiving any or all documents produced pursuant to this

Order shall be advised of their confidential nature. All persons to whom
confidential information and/or documents are disclosed are hereby enjoined from
disclosing same to any person except as provided herein, and are further enjoined
from using same except in the preparation for and trial of the above-captioned
action between the named parties thereto. No person receiving or reviewing such

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confidential documents, information or transcript shall disseminate or disclose them
to any person other than those described above in Paragraph 6 and Paragraph 7 and
for the purposes specified, and in no event shall such person make any other use of
such document or transcript.
10.

Nothing in this Order shall prevent a party from using at trial any

information or materials designated “Confidential” or “Confidential—Attorneys’
Eyes Only.” However, Equifax may, at or before the time of trial, seek an Order of
the Court to restrict access to particular documents or testimony in the trial of this
Litigation. In accordance with Civil Local Rule 281(b)(11), the party designating

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as a trial exhibit (for any purpose) “Confidential” or “Confidential—Attorneys

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Eyes Only” documents or information (e.g., deposition testimony) received from

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Equifax shall also notify Equifax that its “Confidential” or “Confidential—

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Attorneys Eyes Only” information may be received by the Court at trial without the

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protections of this Protective Order. Such notice must take place no later than the
deadline stated for the exchange of exhibits by the parties to this case. Within 14
days after receiving such notice, Equifax may submit a motion to the Court asking

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that the Court receive certain or all of its “Confidential” or “Confidential—

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Attorneys Eyes Only” documents or information as trial exhibits under seal.

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11.

This Order has been agreed to by Equifax and the parties to facilitate

discovery and the production of relevant evidence in this action. Neither the entry
of this Order, nor the designation of any information, document, or the like as
“Confidential,” or “Confidential—Attorneys’ Eyes Only” nor the failure to make
such designation, shall constitute evidence with respect to any issue in this action.
12.

Even after final disposition of this litigation, the confidentiality

obligations imposed by this Order shall remain in effect until Equifax agrees
otherwise in writing or a court order otherwise directs. Final disposition shall be
deemed to be the later of (1) dismissal of all claims and defenses in this action, with

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or without prejudice; and (2) final judgment herein after the completion and
exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
including the time limits for filing any motions or applications for extension of time
pursuant to applicable law. Within sixty (60) days after the final disposition of this
litigation, all documents, transcripts, or other materials afforded confidential
treatment pursuant to this Order, including any extracts, summaries or compilations
taken therefrom, but excluding any materials which in the good faith judgment of
counsel are work product materials, shall be destroyed or returned to Equifax.

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13.

these proceedings with any designation made under this Protective Order, the party
and Equifax shall first try to resolve such dispute in good faith on an informal basis
in accordance with Civil Local Rule 251. If the dispute cannot be resolved, the
party objecting to the designation may seek appropriate relief from this Court.
During the pendency of any challenge to the designation of a document or
information, the designated document or information shall continue to be treated as
“Confidential” or “Confidential—Attorneys’ Eyes Only” subject to the provisions
of this Protective Order.

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In the event that any party to this litigation disagrees at any point in

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The burden of persuasion in any challenge proceeding shall be on

Equifax. Frivolous challenges and those made for an improper purpose (e.g. to
harass or to impose unnecessary expenses and burdens on other parties) may expose
the challenging party to sanctions. Unless Equifax has waived the confidentiality
designation by failing to oppose a motion challenging confidentiality as described
above, all parties shall continue to afford the material in question the level of
protection to which it is entitled under Equifax’s designation until the court rules on
the challenge.
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The Court retains the right to allow disclosure of any subject covered by this
stipulation or to modify this stipulation at any time in the interest of justice.
Dated: July 3, 2013

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NOKES & QUINN

By: s/Thomas P. Quinn
Thomas P. Quinn

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Attorneys for Non-Party
EQUIFAX INFORMATION
SERVICES, LLC

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Dated: July 3, 2013

LAW OFFICE OF LINDA DEOS

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By: s/Linda Deos
Linda Deos

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Attorneys for Plaintiff
JUDE DARRIN

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Dated: July 3, 2013

MCQUIRE WOODS, LLP

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By: s/Blake S. Olsen
BLAKE S. Olsen

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Attorneys for Defendant
BANK OF AMERICA, N.A.

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IT IS SO ORDERED.

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Date: 7/9/2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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I, _____________________________________, declare as follows:

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1.

My address is ____________________________________________.

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2.

My present employer is _____________________________________.

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3.

My present occupation or job description is _____________________.

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I have received a copy of the Stipulated Protective order entered in this

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action on _______________, 20___.

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5.

I have carefully read and understand the provisions of this Stipulated

Protective order.

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6.

I will comply with all provisions of this Stipulated Protective order.

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7.

I will hold in confidence, and will not disclose to anyone not qualified

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under the Stipulated Protective Order, any information, documents or other

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materials produced subject to this Stipulated Protective order.

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8.

I will use such information, documents or other materials produced

subject to this Stipulated Protective Order only for purposes of this present action.

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9.

Upon termination of this action, or upon request, I will return and

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deliver all information, documents or other materials produced subject to this

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Stipulated Protective order, and all documents or things which I have prepared

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relating thereto, which documents are the subject of the Stipulated Protective order,

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to my counsel in this action, or to counsel for the party by whom I am employed or

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retained or from whom I received the documents.

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10.

I hereby submit to the jurisdiction of this Court for the purposes of

enforcing the Stipulated Protective order in this Action.
I declare under penalty of perjury under the laws of the United States that the
following is true and correct.
Executed this ____ day of _____________, 2013 at __________________.

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_______________________________
QUALIFIED PERSON

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CERTIFICATE OF SERVICE

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I, Michele Blount, certify that on July 8, 2013 the foregoing document entitled
[PROPOSED] STIPULATED PROTECTIVE ORDER BETWEEN NONPARTY EQUIFAX INFORMATION SERVICES, LLC, PLAINTIFF, and
DEFENDANT REGARDING CONFIDENTIAL INFORMATION
PRODUCED BY NON-PARTY EQUIFAX INFORMATION SERVICES,
LLC

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was filed electronically in the Court's ECF; thereby upon completion the ECF

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system automatically generated a "Notice of Electronic Filing" ("NEF") as service

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through CM/ECF to registered e-mail addressees of parties of record in the case.

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_____s/ Michele Blount_________
Michele Blount
Law Office of Linda Deos

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ad4mc0d

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