Cosper et al v. Veros Credit, LLC

Filing 44

PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/13/18. (Kastilahn, A)

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1 SCOTT J. HYMAN (State Bar No. 148709) 2 SEVERSON & WERSON A Professional Corporation 3 The Atrium 19100 Von Karman Avenue, Suite 700 4 Irvine, California 92612 Telephone: (949) 442-7110 5 Facsimile: (949) 442-7118 6 REBECCA S. SAELAO (State Bar No. 222731) 7 SEVERSON & WERSON A Professional Corporation 8 One Embarcadero Center, Suite 2600 San Francisco, California 94111 9 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 10 Attorneys for Defendant 11 VEROS CREDIT, LLC 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA — SACRAMENTO DIVISION 14 15 YOLANDA COSPER, FRED LUMPKIN, and SEBASTIAN MCGHEE, individually and on 16 behalf of all others similarly situated, Case No. 2:15-cv-01752 MCE CKD The Hon. Morrison C. England, Jr. Ctrm. 7 17 CLASS ACTION Plaintiffs, 18 vs. STIPULATED PROTECTIVE ORDER 19 VEROS CREDIT, LLC, 20 Action Filed: August 18, 2015 Trial Date: None Set Defendant. 21 22 //// 23 24 25 26 27 28 12554.0002/11055454.1 STIPULATED PROTECTIVE ORDER 1 1. 2 Discovery in this action is likely to involve production of confidential, proprietary, or PURPOSES AND LIMITATIONS 3 private information for which special protection from public disclosure and from use for any 4 purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 5 stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties 6 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 7 discovery and that the protection it affords from public disclosure and use extends only to the 8 limited information or items that are entitled to confidential treatment under the applicable legal 9 principles. The parties further acknowledge, as set forth below, that this Stipulated Protective 10 Order does not entitle them to file confidential information under seal; Local Rule 141 sets forth 11 the procedures that must be followed and the standards that will be applied when a party seeks 12 permission from the court to file material under seal. 13 2. 14 This action is likely to involve trade secrets, customer and pricing lists and other valuable GOOD CAUSE STATEMENT 15 research, development, commercial, financial, technical and/or proprietary information for which 16 special protection from public disclosure and from use for any purpose other than prosecution of 17 this action is warranted. Such confidential and proprietary materials and information consist of, 18 among other things, confidential business or financial information, information regarding 19 confidential business practices, or other confidential research, development, or commercial 20 information (including information implicating privacy rights of third parties), information 21 otherwise generally unavailable to the public, or which may be privileged or otherwise protected 22 from disclosure under state or federal statutes, court rules, case decisions, or common law. 23 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes 24 over confidentiality of discovery materials, to adequately protect information the parties are 25 entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling at the end of 27 the litigation, and serve the ends of justice, a protective order for such information is justified in 28 this matter. It is the intent of the parties that information will not be designated as confidential for 12554.0002/11055454.1 STIPULATED PROTECTIVE ORDER 1 tactical reasons and that nothing be so designated without a good faith belief that it has been 2 maintained in a confidential, non-public manner, and there is good cause why it should not be part 3 of the public record of this case. 4 3. 5 DEFINITIONS 3.1 Action: the above referenced lawsuit, Cosper et al. v. Veros Credit LLC, 6 currently pending in the Eastern District of California, Case No. 2:15-cv-01752-MCE-CKD. 7 3.2 Challenging Party: a Party or Non-Party that challenges the designation of 8 information or items under this Order. 9 3.3 “CONFIDENTIAL” Information or Items: information (regardless of how 10 it is generated, stored or maintained) or tangible things that qualify for protection under Federal 11 Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 12 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 3.5 Designating Party: a Party or Non-Party that designates information or 13 support staff). 14 15 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 16 3.6 Disclosure or Discovery Material: all items or information, regardless of the 17 medium or manner in which it is generated, stored, or maintained (including, among other things, 18 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 19 responses to discovery in this matter. 20 3.7 Expert: a person with specialized knowledge or experience in a matter 21 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert 22 witness or as a consultant in this Action. 23 3.8 House Counsel: attorneys who are employees of a party to this Action. 24 House Counsel does not include Outside Counsel of Record or any other outside counsel. 25 3.9 Non-Party: any natural person, partnership, corporation, association, or 26 other legal entity not named as a Party to this action. 27 3.10 Outside Counsel of Record: attorneys who are not employees of a party to 28 this Action but are retained to represent or advise a party to this Action and have appeared in this 12554.0002/11055454.1 2 STIPULATED PROTECTIVE ORDER 1 Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 2 that party, and includes support staff. 3 3.11 Party: any party to this Action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 5 3.12 Producing Party: a Party or Non-Party that produces Disclosure or 6 Discovery Material in this Action. 7 3.13 Professional Vendors: persons or entities that provide litigation support 8 services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 9 organizing, storing, or retrieving data in any form or medium) and their employees and 10 subcontractors. 11 3.14 Protected Material: any Disclosure or Discovery Material that is designated 12 as “CONFIDENTIAL.” 13 3.15 Receiving Party: a Party that receives Disclosure or Discovery Material 14 from a Producing Party. 15 4. 16 The protections conferred by this Stipulation and Order cover not only Protected Material SCOPE 17 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 18 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 19 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 20 Any use of Protected Material at trial shall be governed by the orders of the trial judge. 21 This Order does not govern the use of Protected Material at trial. 22 5. 23 Even after final disposition of this litigation, the confidentiality obligations imposed by this DURATION 24 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 25 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 26 and defenses in this Action, with or without prejudice; and (2) final judgment herein after the 27 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 28 12554.0002/11055454.1 3 STIPULATED PROTECTIVE ORDER 1 including the time limits for filing any motions or applications for extension of time pursuant to 2 applicable law. 3 4 6. DESIGNATING PROTECTED MATERIAL 6.1 Exercise of Restraint and Care in Designating Material for Protection. Each 5 Party or Non-Party that designates information or items for protection under this Order must take 6 care to limit any such designation to specific material that qualifies under the appropriate 7 standards. The Designating Party must designate for protection only those parts of material, 8 documents, items, or oral or written communications that qualify so that other portions of the 9 material, documents, Items, or communications for which protection is not warranted are not 10 swept unjustifiably within the ambit of this Order. 11 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 12 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 13 unnecessarily encumber the case development process or to impose unnecessary expenses and 14 burdens on other parties) may expose the Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it designated 16 for protection do not qualify for protection, that Designating Party must promptly notify all other 17 Parties that it is withdrawing the inapplicable designation. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or 20 electronic documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL” 22 (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If only a 23 portion or portions of the material on a page qualifies for protection, the Producing Party also must 24 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 25 A Party or Non-Party that makes original documents available for inspection need not 26 designate them for protection until after the inspecting Party has indicated which documents it 27 would like copied and produced. During the inspection and before the designation, all of the 28 material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting 12554.0002/11055454.1 4 STIPULATED PROTECTIVE ORDER 1 Party has identified the documents it wants copied and produced, the Producing Party must 2 determine which documents, or portions thereof, qualify for protection under this Order. Then, 3 before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL 4 legend” to each page that contains Protected Material. If only a portion or portions of the material 5 on a page qualifies for protection, the Producing Party also must clearly identify the protected 6 portion(s) (e.g., by making appropriate markings in the margins). 7 (b) for testimony given in depositions that the Designating Party 8 identify the Disclosure or Discovery Material on the record, before the close of the deposition all 9 protected testimony. 10 (c) for information produced in some form other than 11 documentary and for any other tangible items, that the Producing Party affix in a prominent place 12 on the exterior of the container or containers in which the information is stored the legend 13 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the 14 Producing Party, to the extent practicable, shall identify the protected portion(s). 15 6.2 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 16 to designate qualified information or items does not, standing alone, waive the Designating Party’s 17 right to secure protection under this Order for such material. Upon timely correction of a 18 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 19 in accordance with the provisions of this Order. 20 7. 21 CHALLENGING CONFIDENTIALITY DESIGNATIONS 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation 22 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 23 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 7.3 The burden of persuasion in any such challenge proceeding shall be on the 24 process. 25 26 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass 27 or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party 28 to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality 12554.0002/11055454.1 5 STIPULATED PROTECTIVE ORDER 1 designation, all parties shall continue to afford the material in question the level of protection to 2 which it is entitled under the Producing Party’s designation until the Court rules on the challenge. 3 4 8. ACCESS TO AND USE OF PROTECTED MATERIAL 8.1 Basic Principles. A Receiving Party may use Protected Material that is 5 disclosed or produced by another Party or by a Non-Party in connection with this Action only for 6 prosecuting, defending, or attempting to settle this Action. Such Protected Material may be 7 disclosed only to the categories of persons and under the conditions described in this Order. When 8 the Action has been terminated, a Receiving Party must comply with the provisions of section 14 9 below (FINAL DISPOSITION). 10 Protected Material must be stored and maintained by a Receiving Party at a location and in 11 a secure manner that ensures that access is limited to the persons authorized under this Order. 12 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 13 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 14 disclose any information or item designated “CONFIDENTIAL” only to: 15 (a) the Receiving Party’s Outside Counsel of Record in this 16 Action, as well as employees of said Outside Counsel of Record to whom it is reasonably 17 necessary to disclose the information for this Action; 18 (b) the officers, directors, and employees (including House 19 Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; 20 (c) Experts (as defined in this Order) of the Receiving Party to 21 whom disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (d) the court and its personnel; 24 (e) court reporters and their staff; 25 (f) professional jury or trial consultants, mock jurors, and 26 Professional Vendors to whom disclosure is reasonably necessary for this Action and who have 27 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 28 12554.0002/11055454.1 6 STIPULATED PROTECTIVE ORDER 1 (g) the author or recipient of a document containing the 2 information or a custodian or other person who otherwise possessed or knew the information; 3 (h) during their depositions, witnesses, and attorneys for 4 witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 5 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be 6 permitted to keep any confidential information unless they sign the “Acknowledgment and 7 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 8 ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that 9 reveal Protected Material may be separately bound by the court reporter and may not be disclosed 10 to anyone except as permitted under this Stipulated Protective Order; and 11 (i) any mediator or settlement officer, and their supporting 12 personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 13 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 14 OTHER LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation that compels 16 disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party 17 must: 18 (a) promptly notify in writing the Designating Party. Such 19 notification shall include a copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the 21 subpoena or order to issue in the other litigation that some or all of the material covered by the 22 subpoena or order is subject to this Protective Order. Such notification shall include a copy of this 23 Stipulated Protective Order; and 24 (c) cooperate with respect to all reasonable procedures sought to 25 be pursued by the Designating Party whose Protected Material may be affected. 26 If the Designating Party timely seeks a protective order, the Party served with the subpoena 27 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 28 before a determination by the court from which the subpoena or order issued, unless the Party has 12554.0002/11055454.1 7 STIPULATED PROTECTIVE ORDER 1 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 2 expense of seeking protection in that court of its confidential material and nothing in these 3 provisions should be construed as authorizing or encouraging a Receiving Party in this Action to 4 disobey a lawful directive from another court. 5 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 6 PRODUCED IN THIS LITIGATION 7 10.1 The terms of this Order are applicable to information produced by a Non- 8 Party in this Action and designated as “CONFIDENTIAL.” Such information produced by Non9 Parties in connection with this litigation is protected by the remedies and relief provided by this 10 Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 11 additional protections. 12 10.2 In the event that a Party is required, by a valid discovery request, to produce 13 a Non-Party’s confidential information in its possession, and the Party is subject to an agreement 14 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 15 (a) promptly notify in writing the Requesting Party and the Non- 16 Party that some or all of the information requested is subject to a confidentiality agreement with a 17 Non-Party; 18 (b) promptly provide the Non-Party with a copy of the 19 Stipulated Protective Order in this Action, the relevant discovery request(s), and a reasonably 20 specific description of the information requested; and 21 (c) make the information requested available for inspection by 22 the Non-Party, if requested. 23 10.3 If the Non-Party fails to seek a protective order from this court within 14 24 days of receiving the notice and accompanying information, the Receiving Party may produce the 25 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 26 seeks a protective order, the Receiving Party shall not produce any information in its possession or 27 control that is subject to the confidentiality agreement with the Non-Party before a determination 28 12554.0002/11055454.1 8 STIPULATED PROTECTIVE ORDER 1 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 2 of seeking protection in this court of its Protected Material. 3 11. 4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 5 Material to any person or in any circumstance not authorized under this Stipulated Protective 6 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 7 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 8 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 9 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 10 Agreement to Be Bound” that is attached hereto as Exhibit A. 11 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTED MATERIAL 13 When a Producing Party gives notice to Receiving Parties that certain inadvertently 14 produced material is subject to a claim of privilege or other protection, the obligations of the 15 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 16 provision is not intended to modify whatever procedure may be established in an e-discovery order 17 that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 18 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 19 communication or information covered by the attorney-client privilege or work product protection, 20 the parties may incorporate their agreement in the stipulated protective order submitted to the 21 court. 22 23 13. MISCELLANEOUS 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 person to seek its modification by the Court in the future. 25 13.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order no Party waives any right it otherwise would have to object to disclosing or 27 producing any information or item on any ground not addressed in this Stipulated Protective 28 12554.0002/11055454.1 9 STIPULATED PROTECTIVE ORDER 1 Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of 2 the material covered by this Protective Order. 3 13.3 Filing Protected Material. A Party that seeks to file under seal any Protected 4 Material must comply with Local Rule 141. Protected Material may only be filed under seal 5 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. If a 6 Party's request to file Protected Material under seal is denied by the court, then the Receiving 7 Party may file the information in the public record unless otherwise instructed by the court. 8 14. 9 After the final disposition of this Action, as defined in paragraph 3.1, within 60 days of a FINAL DISPOSITION 10 written request by the Designating Party, each Receiving Party must return all Protected Material 11 to the Producing Party or destroy such material. As used in this subdivision, “all Protected 12 Material” includes all copies, abstracts, compilations, summaries, and any other format 13 reproducing or capturing any of the Protected Material. Whether the Protected Material is returned 14 or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, 15 if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 16 (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) 17 affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or 18 any other format reproducing or capturing any of the Protected Material. Notwithstanding this 19 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 20 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial 21 exhibits, expert reports, attorney work product, and consultant and expert work product, even if 22 such materials contain Protected Material. Any such archival copies that contain or constitute 23 Protected Material remain subject to this Protective Order as set forth in Section 5 (DURATION). 24 15. Any violation of this Order may be punished by any and all appropriate measures 25 including, without limitation, contempt proceedings and/or monetary sanctions. 26 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 27 28 12554.0002/11055454.1 10 STIPULATED PROTECTIVE ORDER 1 DATED: January ___, 2018 2 3 SEVERSON & WERSON A Professional Corporation By: /s/ Rebecca S. Saelao Scott J. Hyman Rebecca S. Saelao 4 5 Attorneys for Defendant VEROS CREDIT, LLC 6 7 8 DATED: January ___, 2018 KEMNITZER, BARRON & KRIEG, LLP 9 By: /s/ Elliott Jason Conn Bryan Kemnitzer Kristin Kemnitzer Elliot Jason Conn 10 11 12 Attorneys for Plaintiffs YOLANDA COSPER, FRED LUMPKIN, SEBASTIAN McGHEE and the Putative Class 13 14 15 16 I, Rebecca S. Saelao, am the ECF user whose identification and password are being used to file 17 this Stipulation. I hereby attest that the above signatory has concurred in this filing. 18 By: /s/ Rebecca S. Saelao 19 20 21 22 For good cause shown, IT IS SO ORDERED. Dated: April 13, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 12554.0002/11055454.1 11 STIPULATED PROTECTIVE ORDER 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ______________________, of ___________________________________, declare 4 under penalty of perjury that I have read in its entirety and understand the Stipulated Protective 5 Order that was issued by the United States District Court for the Eastern District of California on 6 ____________ in the case of Cosper et al. v. Veros Credit LLC, currently pending in the Eastern 7 District of California, Case No. 2:15-cv-01752-MCE-CKD. 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 11 this Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. I hereby 16 appoint ________________________________, of 17 __________________________________________________________, as my California agent 18 for service of process in connection with this action or any proceedings related to enforcement of 19 this Stipulated Protective Order. 20 21 22 Date: _____________________________________________ City and State where sworn and signed:__________________________________ Print Name: _____________________________________________ 23 24 Signature: _______________________________________________ 25 26 27 28 12554.0002/11055454.1 STIPULATED PROTECTIVE ORDER

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