Thomas et al v. Experian Information Solutions Inc et al

Filing 22

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/24/14. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE JAMES THOMAS III and TIFFANY
THOMAS, et al,
Plaintiffs,

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Case No. 2:13-cv-02674-MCE-CKD

STIPULATED
PROTECTIVE ORDER

V.

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EXPERIAN INFORMATION SOLUTIONS,
INC.

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Defendant.

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IT IS HEREBY STIPULATED by and between Plaintiff and Defendant Experian

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Information Solutions, Inc. (“Experian”), through their respective attorneys of record, as

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follows:

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WHEREAS, documents and information have been and may be sought, produced
or exhibited by and among the parties to this action relating to trade secrets, confidential
research, development, technology or other proprietary information belonging to the

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defendants and/or personal income, credit and other confidential information of Plaintiff.
1.

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

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

Any party or non-party producing or filing documents or other materials in

this action may designate such materials and the information contained therein subject to

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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 a Producing Party believes in good faith that, despite the provisions of

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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 all other Parties or non-parties

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to this action, the Producing Party may designate those Particular documents as

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“Confidential—Attorneys’ Eyes Only.”
4.

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

papers to be filed with the Court incorporate documents or information subject to this
Order, the party shall first comply with Local Rule 141.

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5.

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

information derived therefrom (including, but not limited to, all testimony, deposition, or
otherwise, that refers, reflects or otherwise discusses any information designated

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Confidential hereunder), shall not be used, directly or indirectly, by any person ,

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including the other defendants, for any business, commercial or competitive purposes or

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for any purpose whatsoever other than solely for the preparation and trial of this action

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in accordance with the provisions of this Order.
6.

Except with the prior written consent of the individual or entity designating

a document or portions of a document as “Confidential,” or pursuant to prior Order after
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notice, any document, transcript or pleading given “Confidential” treatment under this
Order, 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

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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

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retained counsel or in-house counsel and employees of counsel assigned to assist such

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counsel in the preparation of this litigation; (d) fact witnesses subject to a proffer to the

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Court or a stipulation of the parties that such witnesses need to know such information;

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and (e) present or former employees of the producing party in connection with their

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depositions in this action (provided that no former employees shall be shown documents

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prepared after the date of his or her departure) and (f) experts specifically retained as

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consultants or expert witnesses in connection with this litigation.

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7.

Except with the prior written consent of the individual or entity designating

a document or portions of a document as “Confidential—Attorneys’ Eyes Only”, or
pursuant to prior Order after notice, any document, transcript or pleading given

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“Confidential—Attorneys Eyes Only” treatment under this Order, and any information

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contained in, or derived from any such materials (including but not limited to, all

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deposition testimony that refers, reflects or otherwise discusses any information

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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
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it is reasonably necessary to disclose the information for this litigation and who have
signed the “Declaration of Compliance” that is attached hereto as Exhibit A; (b) Experts
specifically retained as consultants or expert witnesses in connection with this litigation

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who have signed the “Declaration of Compliance” (Exhibit A); (c) the Court and its

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personnel; (d) court reporters, their staffs, and professional vendors to whom disclosure

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is reasonably necessary for this litigation and who have signed the “Declaration of

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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

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any experts retainer as consultants or expert witnesses in connection with this litigation

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unless he or she shall have first read this Order, and has agreed to be bound by this

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Order.

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9.

All persons receiving any or all documents produced pursuant to this Order

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shall be advised of their confidential nature. All persons to whom confidential

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information and/or documents are disclosed are hereby enjoined from disclosing same to

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any person except as provided herein, and are further enjoined from using same except

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in the preparation for and trial of the above-captioned action between the named parties

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thereto. No person receiving or reviewing such confidential documents, information or

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transcript shall disseminate or disclose them to any person other than those described

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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

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information or materials designated “Confidential” or “Confidential—Attorneys’ Eyes
Only.

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11.

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

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production of relevant evidence in this action. Neither the entry of this Order, nor the

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designation of any information, document, or the like as “Confidential,” or

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“Confidential—Attorneys’ Eyes Only nor the failure to make such designation, shall

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constitute evidence with respect to any issue in this action.
12.

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Within sixty (60) days after the final termination of this litigation, all

documents, transcripts, or other materials afforded confidential treatment pursuant to

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this Order, including any extracts, summaries or compilations taken therefrom, but

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excluding any materials which in the good faith judgment of counsel are work product

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materials, shall be returned to the individual or entity having produced or furnished

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same.

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13.

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

proceedings with any designation made under this Protective Order, the parties shall first
try to resolve such dispute in good faith on an informal basis in accordance with Civil

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Local Rules. If the dispute cannot be resolved, the party objecting to the designation

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may seek appropriate relief from this Court. During the pendency of any challenge to

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the designation of a document or information, the designated document or information

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shall continue to be treated as “Confidential” or “Confidential—Attorneys’ Eyes Only
subject to the provisions of this Protective Order.
14.

Nothing herein shall affect or restrict the rights of any party with respect to

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its own documents or to the information obtained or developed independently of
documents, transcripts and materials afforded confidential treatment pursuant to this
Order.

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15.

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.

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Date: June 16, 2014

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/s/ Mark F. Anderson
Mark F. Anderson, SBN 44787
Anderson, Ogilvie & Brewer LLP
235 Montgomery Street
San Francisco, CA 94104
Suite 914
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiffs

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Date: June 16, 2014

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/s/ Nandini Iyer
Nandini Iyer (SBN 271289)
JONES DAY
1755 Embarcadero Center
Palo Alto, CA 94303
Phone: [phone]
Fax: [phone]
[e-mail]

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Counsel for Experian Information Solutions,
Inc.

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ORDER

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Based upon the parties’ stipulation and for good cause shown, IT IS SO

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ORDERED.

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Dated: June 24, 2014
_____________________________________
CAROLYN K. DELANEY
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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My address is ________________________________________________.

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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 June ___, 2014.
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.

7.

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

under the Stipulated Protective Order, any information, documents or other 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.
9.

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

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

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Protective Order, and all documents or things which I have prepared relating thereto,

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which documents are the subject of the Stipulated Protective Order, to my counsel in this

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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

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enforcing the Stipulated Protective Order in this Action.

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I declare under penalty of perjury under the laws of the United States that the
following is true and correct.
Executed this ____ day of _____________, 2014 at __________________.

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_______________________________
QUALIFIED PERSON

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