Anthony v. Equifax Information Services, LLC et al

Filing 33

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/13/2014 ORDERING Stipulated Protective Order APPROVED. (Reader, L)

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1 THOMAS P. QUINN, JR. (SBN: 132268) NOKES & QUINN, APC 2 410 BROADWAY, SUITE 200 LAGUNA BEACH, CA 92651 3 Tel: (949) 376-3500 Fax: (949) 376-3070 4 Email: 5 K. ANN BROUSSARD (Admitted Pro Hac Vice) Georgia Bar No. 100142 6 KING & SPALDING LLP 1180 Peachtree Street, N.E. 7 Atlanta, GA 30309 8 Tel: (404) 572-4600 Fax: (404) 572-5100 9 Email: 10 Attorneys for Defendant Equifax Information Services, LLC 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 ROBERT JAMES ANTHONY, 15 16 Plaintiff, Case No. 2:13-cv-01424-TLN-CKD STIPULATED PROTECTIVE ORDER v. 17 EQUIFAX INFORMATION SERVICES, 18 LLC and TRANS UNION LLC, 19 20 21 Defendants. STIPULATED PROTECTIVE ORDER 22 23 24 25 26 27 IT IS HEREBY STIPULATED BY AND BETWEEN AND AMONG Plaintiff Robert James Anthony (“Plaintiff”), Defendant Equifax Information Services LLC (“Equifax”), and Defendant Trans Union LLC (“Trans Union”) (collectively referred herein as the “Parties” and individually as “Party”), through their respective attorneys of record, as follows: WHEREAS, documents, testimony, and information have been and may be sought, produced, or exhibited by and among the Parties relating to trade secrets, proprietary systems, 28 confidential commercial information, confidential research and development, or other STIPULATED PROTECTIVE ORDER 2:13-cv-01424-TLN-CKD 1 proprietary information belonging to a Party, and/or credit and other confidential information 2 regarding Plaintiff; 3 THEREFORE, this Court orders as follows: 4 1. 5 6 7 8 Any documents, testimony, or information submitted, either voluntarily or pursuant to any subsequent order, which is asserted in good faith by the producing Party, or by any other Party, to contain or constitute information protected by Federal Rule of Civil Procedure 26(c)(7) or another provision of law, shall be so designated in writing, or orally at a deposition, hearing, or trial and shall be segregated from other information being submitted. Materials so designated shall be clearly marked on their face with the legend: 9 10 11 12 13 “CONFIDENTIAL.” Such documents, transcripts, or other materials are referred to herein as “CONFIDENTIAL MATERIALS” and includes all information within the scope of Federal Rules of Civil Procedure 30, 31, 33, 34 and 36 and any information contained in, 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) 14 designated under this agreement “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 15 ATTORNEYS’ EYES ONLY.” 16 2. If a Party believes in good faith that, despite the provisions of this Protective 17 Order, there is a substantial risk of identifiable harm if particular documents it designates as 18 “CONFIDENTIAL” are disclosed to all other Parties or non-parties to this action, the producing 19 Party may designate those particular documents as “HIGHLY CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY.” Documents marked “HIGHLY CONFIDENTIAL – 21 ATTORNEYS’ EYES ONLY” receive the same protections as information designated as 22 “CONFIDENTIAL” but are further limited in how it may be used or disseminated. All information designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall 23 be used solely for the purpose of this action, and no person receiving such information shall, 24 directly or indirectly, use, transfer, disclose, or communicate in any way the information to any 25 person other than those specified in paragraph 3. Any other use is prohibited. 26 3. Access to any “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 27 information shall be limited to: 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD (a) the Receiving Party’s Outside Counsel of record in this action, as well as employees 1 2 of said Counsel to whom it is reasonably necessary to disclose the information for this litigation 3 and who have signed the Written Assurance (Exhibit A); (b) Experts specifically retained as consultants or expert witnesses in connection with this 4 5 litigation who have signed the Written Assurance (Exhibit A); (c) the Court and its personnel; 6 (d) court reporters, their staffs, and professional vendors to whom disclosure is 7 8 reasonably necessary for this litigation and who have signed the Written Assurance (Exhibit A); and 9 (e) the author of the document or the original source of the information. 10 11 4. confidential All depositions or portions of depositions taken in this action that contain information may be designated “CONFIDENTIAL” or “HIGHLY 12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and thereby obtain the protections accorded 13 other information designated as “CONFIDENTIAL.” The designating Party shall designate such 14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” either on 15 the record, or by serving upon all counsel of record via facsimile or other electronic transmission 16 a Notice within 14 calendar days after its counsel receives a copy of the deposition transcript. 17 All transcripts will be treated as “CONFIDENTIAL MATERIALS” until the expiration of the 18 14-day period described in this paragraph. The deposition of any witness or any portion of such 19 deposition designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY” shall thereafter be treated as “CONFIDENTIAL MATERIALS” in accordance 21 with this Order. The Parties shall negotiate in good faith to alter the time frames set forth in this 22 paragraph in situations where a more expedited filing of a designated portion of the deposition transcript is required. The deposition of any witness (or any portion of such deposition) that 23 encompasses “CONFIDENTIAL MATERIALS” shall be taken only in the presence of persons 24 who are qualified to have access to such information. 25 5. All “CONFIDENTIAL MATERIALS” and all information derived there from 26 (including but not limited to all testimony, deposition or otherwise, that refers, reflects, or 27 otherwise discusses any such materials) shall not be used, directly or indirectly, by any person 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD 1 for any business, commercial, or competitive purposes, or for any purpose whatsoever other than 2 solely for the preparation and trial of this action in accordance with this Order. 3 6. Subject to Paragraph 8, in the absence of prior written permission from the 4 designating Party or an order by the Court, “CONFIDENTIAL MATERIALS” shall not be disclosed to any person other than: 5 (i) the Parties and their attorneys (including employees of counsel assigned to assist such 6 counsel in the preparation of this litigation); 7 (ii) qualified persons taking testimony involving such material and necessary 8 stenographic and clerical personnel; 9 (iii) the Court, Court personnel, and members of any jury impaneled to hear this case; 10 (iv) disclosed experts and their staff employed for this litigation; 11 (v) present or former employees of the producing Party in connection with their 12 depositions in this action (provided that no former employees shall be shown documents 13 prepared after the date of his or her departure); and 14 (v) fact witnesses subject to stipulation by the Parties that such witnesses need to know 15 such information. 16 7. Subject to Paragraph 8, “CONFIDENTIAL MATERIALS” shall not be disclosed 17 to any person designated in paragraphs 6(iv) through 6(v) unless he or she have signed the 18 Written Assurance (Exhibit A). All persons to whom “CONFIDENTIAL MATERIALS” are 19 disclosed are hereby enjoined from disclosing same to any other person except as provided in 20 this Order, and are also enjoined from using same except in the preparation for and trial of this 21 case between the named Parties thereto. No person receiving or reviewing “CONFIDENTIAL 22 MATERIALS” shall disseminate or disclose them to any person other than those described above in Paragraph 6 and for the purposes specified in this Order, and in no event shall such 23 person make any other use of such “CONFIDENTIAL MATERIALS.” Opposing counsel shall 24 be notified at least 14 days prior to disclosure to any such person who is known to be an 25 employee or agent of, or consultant to, any competitor of the Party whose designated information 26 are sought to be disclosed. Such notice shall provide a reasonable description of the outside 27 independent person to whom disclosure is sought sufficient to permit objection to be made. If a 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD 1 Party objects in writing to such disclosure within 14 days after receipt of notice, no disclosure 2 shall be made until the Party seeking disclosure obtains the prior approval of the Court or the 3 objecting Party. 8. 4 5 6 7 8 In the event that any Party disagrees with any designation made under this Order, the Parties shall first try in good faith to resolve the disagreement informally. If the dispute cannot be resolved and the receiving Party concludes in good faith that the materials have been improperly classified, the Party seeking the change may move the Court for appropriate relief, providing notice to any Party or third party whose designation of produced information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –ATTORNEY EYES ONLY” in the action 9 may be affected. The Party seeking the change in designation shall have the burden of proving 10 11 12 13 14 that the information in question is not within the scope of protection afforded by Fed. R. Civ. P. 26(c). Any such information shall be treated as originally designated until the change is completed. 9. Subject to Paragraph 8, in the event either Party wishes to submit CONFIDENTIAL MATERIALS to the Court in connection with a motion, trial, or other 15 proceeding within the purview of this lawsuit, that Party must first seek a Court order permitting 16 the documents or other information to be filed or submitted under seal. If the Court issues an 17 order to seal, the information shall be submitted as set forth in Paragraphs 1 or 2, above, and 18 shall be maintained by the Clerk of Court under seal. Only the Court and counsel of record for 19 the respective Parties shall have access to such confidential information. 20 10. Subject to Paragraph 8, within 90 days after final termination of this lawsuit, each 21 Party shall either destroy or assemble and return to the Party asserting confidential treatment all 22 items designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –ATTORNEY EYES ONLY” and all copies of such information, and shall destroy all extracts and/or data taken from 23 such information. Each Party shall confirm the return or destruction in writing. However, 24 Attorneys shall be entitled to retain a set of all documents filed with the Court and all 25 correspondence generated in connection with the action. 26 11. The obligations imposed by the Protective Order shall survive the termination of 27 this action. The Court retains the right to allow disclosure of any subject covered by this 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD 1 stipulation or to modify this stipulation at any time in the interest of justice. 12. 2 Nothing in this Order shall prevent a Party from using at deposition, arbitration, 3 or trial any information or materials designated as CONFIDENTIAL. 13. 4 5 6 7 8 This Order does not prevent any Party from seeking to seal trial transcripts and/or trial exhibits, including documents previously filed under seal, or from seeking any other similar relief. 14. Neither the entry of this Order, nor the designation of any material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS” EYES ONLY,” nor the failure to make such designation, shall constitute evidence on any issue in this case. The 9 10 11 12 13 designation of any materials as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS EYES ONLY” does not waive that Party’s objection to any discovery on the ground that it seeks information protected by Federal Rule of Civil Procedure 26(c) or other provision of law. 15. Nothing herein shall affect or restrict the rights of any Party with respect to its 14 own documents or to the information obtained or developed independently of materials afforded 15 confidential treatment pursuant to this Order. 16 16. The Court retains the right to allow disclosure of any subject covered by this 17 stipulation, or to modify this stipulation at any time in the interest of justice. 18 17. Any Party who inadvertently fails to identify documents as ““CONFIDENTIAL” 19 or “HIGHLY CONFIDENTIAL –ATTORNEY EYES ONLY” shall, promptly upon discovery 20 of its oversight, provide written notice of the error and substitute appropriately-designated 21 information. Any Party receiving such improperly-designated information shall retrieve such 22 information from persons not entitled to receive that information and, upon receipt of the substitute information, shall return or destroy the improperly-designated information. 23 Agreed and stipulated to by: 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD 1 2 LAW OFFICES OF JOHN B. KEATING NOKES & QUINN 3 /s/ John Bradford Keating /s/ Thomas P. Quinn 4 John Bradford Keating Law Offices Of John B. Keating 5 2995 Woodside Road, Ste 350 Woodside, CA 94062 6 Email: Thomas P. Quinn, Jr. NOKES & QUINN, APC 410 Broadway, Suite 200 Laguna Beach, CA 92651 Tel: (949) 376-3500 Fax: (949) 376-3070 Email: 7 Linda Deos 8 DEOS LAW, PC 770 L Street, Suite 950 9 Sacramento, CA 95814 Tel: 916-442-4442 10 Fax: 916-720-0314 11 Email: 12 Attorneys for Plaintiff 13 SCHUCKIT & ASSOCIATES, PC 14 15 16 17 18 19 /s/ Justin T. Walton Justin T. Walton (Pro Hac Vice) SCHUCKIT & ASSOCIATES, P.C. 4545 Northwestern Drive Zionsville, Indiana 46077 Telephone: (317) 363-2400 Facsimile: (317) 363-2257 E-mail: KING & SPALDING LLP /s/ K. Ann Broussard K. Ann Broussard (Pro Hac Vice) KING & SPALDING LLP 1180 Peachtree Street, N.E. Atlanta, GA 30309 Tel: (404) 215-5725 Fax: (404) 572-5100 Email: Attorneys for Defendant Equifax Information Services, LLC Attorneys for Defendant Trans Union LLC 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD ORDER 1 2 GOOD CAUSE APPEARING THEREFORE, IT IS SO ORDERED. 3 Dated: May 13, 2014 4 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 4 I, _____________________________________, declare as follows: 5 1. 2. 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 I have received a copy of the Stipulated Protective order entered in this action on _______________, 20__. 10 11 My present occupation or job description is _________________________. 4 7 My present employer is ________________________________________. 3. 6 My address is ________________________________________________. 5. I have carefully read and understand the provisions of this Stipulated Protective 6. I will comply with all provisions of this Stipulated Protective order. 7. I will hold in confidence, and will not disclose to anyone not qualified under the order. Stipulated Protective Order, any information, documents or other materials produced subject to this Stipulated Protective order. 8. I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 9. upon termination of this action, or upon request, I will return and deliver all information, documents or other materials produced subject to this Stipulated Protective order, and all documents or things which I have prepared relating thereto, which documents are the subject of the Stipulated Protective order, to my counsel in this action, or to counsel for the Party by whom I am employed or retained or from whom I received the documents. 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated Protective order in this Action. 25 26 27 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD 1 I declare under penalty of perjury under the laws of the United States that the following is 2 true and correct. 3 Executed this ____ day of _____________, 20__ at __________________. 4 5 6 _______________________________ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 2:13-CV-01424-TLN-CKD

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