PHH Mortgage Corporation v. Barrett, Daffin, Frappier, Treder & Weiss, LLP et al

Filing 48

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 8/26/2016. (Michel, G.)

1

UNITED STATES DISTRICT COURT
2

EASTERN DISTRICT OF CALIFORNIA
3
4

PHH MORTGAGE CORPORATION,

5
6
7
8
9
10

Case No. 2:16-cv-00832-KJM-EFB

Plaintiff,
vs.

STIPULATED PROTECTIVE ORDER

BARRETT, DAFFIN, FRAPPIER, TREDER &
WEISS, LLP and its constituent partners,
ROBERT E. WEISS, CRIS A. KLINGERMAN, Judge: Honorable Kimberly J. Mueller
EDWARD A. TREDER, BRIAN ENGEL,
JAMES C. FRAPPIER and STEVE P.
Complaint
TURNER,
Filed:
October 12, 2015
Defendants.

11
12
13

1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of

14
15

confidential, proprietary, or private information for which special protection from public disclosure

16

and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,

17

the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order.

18

The parties acknowledge that this Order does not confer blanket protections on all disclosures or

19

responses to discovery and that the protection it affords from public disclosure and use extends only

20

to the limited information or items that are entitled to confidential treatment under the applicable

21
22
23
24

legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this
Stipulated Protective Order does not entitle them to file confidential information under seal; Civil
Local Rule 141 sets forth the procedures that must be followed and the standards that will be applied
when a party seeks permission from the court to file material under seal.

25

2.

DEFINITIONS

26

2.1

Challenging Party: a Party or Non-Party that challenges the designation of

27

information or items under this Order.
28
STIPULATED PROTECTIVE ORDER - 1

1

2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

2

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
3

Civil Procedure 26(c).
4

2.3

Counsel (without qualifier): Outside Counsel of Record (as well as their

5
6
7
8
9

support staff).
2.4

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

produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

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

10

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

11

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

12

discovery in this matter.

13

2.6

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

14

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

15

consultant in this action.

16
17
18

2.7

Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.
2.8

Outside Counsel of Record: attorneys who are not employees of a party to this action

19

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

20

of that party or are affiliated with a law firm which has appeared on behalf of that party.

21
22
23
24

2.9

Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.10

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

25

2.11

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

26

photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing,
27

or retrieving data in any form or medium) and their employees and subcontractors.
28
STIPULATED PROTECTIVE ORDER - 2

1

2.12

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

2

“CONFIDENTIAL.”
3

2.13

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

4

Producing Party.
5
6

3.

The protections conferred by this Stipulation and Order cover not only Protected Material (as

7
8
9

SCOPE

defined above), but also (1) any information copied or extracted from Protected Material; (2) all
copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

10

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

11

However, the protections conferred by this Stipulation and Order do not cover the following

12

information: (a) any information that is in the public domain at the time of disclosure to a Receiving

13

Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of

14

publication not involving a violation of this Order, including becoming part of the public record

15

through trial or otherwise; and (b) any information known to the Receiving Party prior to the

16

disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

17

information lawfully and under no obligation of confidentiality to the Designating Party. Any use of

18

Protected Material at trial shall be governed by a separate agreement or order.

19

4.

20
21
22
23
24

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

Order shall remain in effect until a Designating Party 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 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

25

limits for filing any motions or applications for extension of time pursuant to applicable law.
26

///
27

///
28
STIPULATED PROTECTIVE ORDER - 3

1

5.

DESIGNATING PROTECTED MATERIAL

2

5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or

3

Non-Party that designates information or items for protection under this Order must take care to limit
4

any such designation to specific material that qualifies under the appropriate standards. The
5
6
7
8
9
10

Designating Party must designate for protection only those parts of material, documents, items, or
oral or written communications that qualify - so that other portions of the material, documents, items,
or communications for which protection is not warranted are not swept unjustifiably within the ambit
of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown

11

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

12

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

13

other parties) may expose the Designating Party to sanctions.

14

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

15

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

16

that it is withdrawing the mistaken designation.

17

5.2

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

18

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

19

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

20

the material is disclosed or produced.

21
22
23
24

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but excluding
transcripts of depositions or other pretrial or trial proceedings), by (1) describing them with sufficient
specification to make these designations clear, including by description of the Documents or

25

description of the range of document production numbers stamped or placed on the Documents, or
26

(2) affixing the legend of “CONFIDENTIAL” to each page that contains protected material. If only
27

a portion or portions of the material on a page qualifies for protection, the Producing Party also must
28
STIPULATED PROTECTIVE ORDER - 4

1

clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A

2

Party or Non-Party that makes original documents or materials available for inspection need not
3

designate them for protection until after the inspecting Party has indicated which material it would
4

like copied and produced. During the inspection and before the designation, all of the material made
5
6
7
8
9

available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
identified the documents it wants copied and produced, the Producing Party must determine which
documents, or portions thereof, qualify for protection under this Order. Then, before producing the
specified documents, the Producing Party must (1) describe them with sufficient specification to

10

make these designations clear, including by description of the Documents or description of the range

11

of document production numbers stamped or placed on the Documents, or (2) affix the legend of

12

“CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of

13

the material on a page qualifies for protection, the Producing Party also must clearly identify the

14

protected portion(s) (e.g., by making appropriate markings in the margins).

15

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

16

Designating Party identify on the record, before the close of the deposition, hearing, or other

17

proceeding, all protected testimony.

18

(c) for information produced in some form other than documentary and for any other

19

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

20

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

21
22
23
24

portion or portions of the information or item warrant protection, the Producing Party, to the extent
practicable, shall identify the protected portion(s).
5.3

Inadvertent Failures to Designate.

(a) If timely corrected, an inadvertent failure to designate qualified information or items does

25

not, standing alone, waive the Designating Party’s right to secure protection under this Order for such
26

material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts
27

to assure that the material is treated in accordance with the provisions of this Order.
28
STIPULATED PROTECTIVE ORDER - 5

1

(b) When a Producing Party gives notice to Receiving Parties that certain inadvertently

2

produced material is subject to a claim of privilege or other protection, the obligations of the
3

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is
4

not intended to modify whatever procedure may be established in an e-discovery order that provides
5
6
7
8
9

for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e),
Disclosure in the course of discovery of any Document or information (whether designated as
confidential or not) shall not be deemed to waive whatever privilege or immunity from discovery
might otherwise attach to the Document or information produced, including without limitation the

10

attorney-client privilege, the work product doctrine, the deliberative process privilege, the common

11

interest privilege or the joint defense privilege. If any Party receives any information that is either (I)

12

subject to a good faith claim of privilege or (ii) upon reasonable review appear to be subject to a

13

legally recognized privilege, the person receiving such Documents or information shall provide

14

immediate notice to the Producing Party or Non-Party of that fact, shall not review the apparently

15

privileged information, and shall return any materials containing the apparently privileged

16

information, as well as delete or destroy any copies of such materials. If a Producing Party or Non-

17

Party, promptly after discovery, notifies a Receiving Party that it inadvertently produced or provided

18

access to information that is subject to a good faith claim of privilege, upon such notice, the

19

Receiving Party shall not review the apparently privileged information, and shall return any materials

20

containing the apparently privileged information, as well as delete or destroy any copies of such

21
22
23
24

materials.
(c) Return of Documents; Presentation to Court. The return to the Producing Party or NonParty of any Documents claimed to be privileged shall not constitute an acknowledgment that the
claimed Documents or information is in fact privileged or entitled to protections or immunity. The

25

Receiving Party may promptly present the information to the Court under seal for seek a
26

determination by the court regarding the Producing Party’s claim that the Documents or information
27

is privileged or entitled to protections or immunity and retain a copy of the Document for this limited
28
STIPULATED PROTECTIVE ORDER - 6

1

purpose until the Court resolves the claim of privilege. The Producing Party must preserve the

2

information until the claim is resolved.
3

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

4

6.1

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

5
6
7
8
9
10
11

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,
or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
confidentiality designation by electing not to mount a challenge promptly after the original
designation is disclosed.
6.2

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

12

by providing written notice of each designation it is challenging and describing the basis for each

13

challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must

14

recite that the challenge to confidentiality is being made in accordance with this specific paragraph of

15

the Protective Order. The parties shall attempt to resolve each challenge in good faith and must

16

begin the process by conferring directly (in voice to voice dialogue; other forms of communication

17

are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging

18

Party must explain the basis for its belief that the confidentiality designation was not proper and must

19

give the Designating Party an opportunity to review the designated material, to reconsider the

20

circumstances, and, if no change in designation is offered, to explain the basis for the chosen

21
22
23
24

designation. A Challenging Party may proceed to the next stage of the challenge process only if it
has engaged in this meet and confer process first or establishes that the Designating Party is
unwilling to participate in the meet and confer process in a timely manner.
6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

25

intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil
26

Local Rule 141 within 21 days of the initial notice of challenge or within 14 days of the parties
27

agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each
28
STIPULATED PROTECTIVE ORDER - 7

1

such motion must be accompanied by a competent declaration affirming that the movant has

2

complied with the meet and confer requirements imposed in the preceding paragraph. Failure by the
3

Designating Party to make such a motion including the required declaration within 21 days (or 14
4

days, if applicable) shall automatically waive the confidentiality designation for each challenged
5
6
7
8
9
10

designation. In addition, the Challenging Party may file a motion challenging a confidentiality
designation at any time if there is good cause for doing so, including a challenge to the designation of
a deposition transcript or any portions thereof. Any motion brought pursuant to this provision must
be accompanied by a competent declaration affirming that the movant has complied with the meet
and confer requirements imposed by the preceding paragraph.
The burden of persuasion in any such challenge proceeding shall be on the Designating Party.

11
12

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

13

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

14

Designating Party has waived the confidentiality designation by failing to file a motion to retain

15

confidentiality as described above, all parties shall continue to afford the material in question the

16

level of protection to which it is entitled under the Producing Party’s designation until the court rules

17

on the challenges.

18

7.

19
20
21
22
23
24

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 case only for prosecuting,
defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
the categories of persons and under the conditions described in this Order. When the litigation has
been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
DISPOSITION).

25

Protected Material must be stored and maintained by a Receiving Party at a location and in a
26

secure manner that ensures that access is limited to the persons authorized under this Order.
27
28
STIPULATED PROTECTIVE ORDER - 8

1

7.2

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

2

by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
3

information or item designated “CONFIDENTIAL” only to:
4

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of
5
6
7
8
9

said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for
this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
attached hereto as Exhibit A;
(b) the officers, directors, and employees of the Receiving Party to whom disclosure is

10

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

11

to Be Bound” (Exhibit A);

12

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

13

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

14

to Be Bound” (Exhibit A);

15

(d) the court and its personnel;

16

(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and

17

Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

18

signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

19
20
21
22
23
24

(f) during their depositions, witnesses in the action to whom disclosure is reasonably
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
bound by the court reporter and may not be disclosed to anyone except as permitted under this
Stipulated Protective Order.

25

(g) the author or recipient of a document containing the information or a custodian or other
26

person who otherwise possessed or knew the information.
27
28
STIPULATED PROTECTIVE ORDER - 9

1

8.

2

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION

3

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

4

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party

5

must:

6
7

(a) promptly notify in writing the Designating Party. Such notification shall include a copy
of the subpoena or court order;

8

(b) promptly notify in writing the party who caused the subpoena or order to issue in the
9
10
11

other litigation that some or all of the material covered by the subpoena or order is subject to this
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
(c) cooperate with respect to all reasonable procedures sought to be pursued by the

12
13

Designating Party whose Protected Material may be affected.

14

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

15

or court order shall not produce any information designated in this action as “CONFIDENTIAL”
16

before a determination by the court from which the subpoena or order issued, unless the Party has
17
18

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

19

expense of seeking protection in that court of its confidential material - and nothing in these

20

provisions should be construed as authorizing or encouraging a Receiving Party in this action to

21

disobey a lawful directive from another court.

22
23

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

24

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

25
26

9.

action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
connection with this litigation is protected by the remedies and relief provided by this Order. Nothing

27
28
STIPULATED PROTECTIVE ORDER - 10

1

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

2

protections.

3

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

4

Party’s confidential information in its possession, and the Party is subject to an agreement with the
5
6

Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party that some or

7
8

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

9
10
11

(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in
this litigation, the relevant discovery request(s), and a reasonably specific description of the
information requested; and

12

(3) make the information requested available for inspection by the Non-Party.
13

(c) If the Non-Party fails to object or seek a protective order from this court within 14 days

14
15

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

16

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

17

protective order, the Receiving Party shall not produce any information in its possession or control

18

that is subject to the confidentiality agreement with the Non-Party before a determination by the

19

court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
20
21
22
23

seeking protection in this court of its Protected Material.
10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

24

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

25

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

26

disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

27

inform the person or persons to whom unauthorized disclosures were made of all the terms of this
28
STIPULATED PROTECTIVE ORDER - 11

1

Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be

2

Bound” that is attached hereto as Exhibit A.

3
4

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL

5

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

6

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

7

11.

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

8

modify whatever procedure may be established in an e-discovery order that provides for production
9
10

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

11

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

12

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

13

in the stipulated protective order submitted to the court.

14

12.

MISCELLANEOUS

15

12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to

16

seek its modification by the court in the future.
17
18

12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective Order

19

no Party waives any right it otherwise would have to object to disclosing or producing any

20

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

21

Party waives any right to object on any ground to use in evidence of any of the material covered by

22

this Protective Order.

23

12.3

Filing Protected Material. Without written permission from the Designating Party or

24
25

a court order secured after appropriate notice to all interested persons, a Party may not file in the

26

public record in this action any Protected Material. A Party that seeks to file under seal any

27

Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed

28

under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue.
STIPULATED PROTECTIVE ORDER - 12

1

Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request establishing that the

2

Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to

3

protection under the law.

4

13.

FINAL DISPOSITION

5
6

Within 60 days after the final disposition of this action, as defined in paragraph 4, each

7

Receiving Party must return all Protected Material to the Producing Party or destroy such material.

8

As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

9

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

10
11

the Protected Material is returned or destroyed, the Receiving Party must submit a written
certification to the Producing Party (and, if not the same person or entity, to the Designating Party)

12

by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material
13
14

that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,

15

abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected

16

Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

17

pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,

18

deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work

19

product, even if such materials contain Protected Material. Any such archival copies that contain or
20
21
22

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

23

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

24

Dated: August 22, 2013

KIEVE LAW OFFICES

25
26
27
28

By:

/s/ Loren Kieve
LOREN KIEVE
Attorneys for Plaintiff
PHH MORTGAGE CORPORATION

STIPULATED PROTECTIVE ORDER - 13

1

Dated: August 22, 2013

HANSEN, KOHLS, SOMMER & JACOB, LLP

2
3

By:

4
5
6
7

/s/ Bret N. Batchman
DANIEL V. KOHLS
BRET N. BATCHMAN
Attorneys for Defendant BARRETT DAFFIN
FRAPPIER TREDER & WEISS, LLP

PURSUANT TO STIPULATION, IT IS SO ORDERED.

8
9
10
11

August 26, 2016
DATED: ______________________

_____________________________________
HON. EDMUND F. BRENNAN
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED PROTECTIVE ORDER - 14

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I, _____________________________ [print or type full name], of _________________

4

[print or type full address], declare under penalty of perjury that I have read in its entirety and
5
6

understand the Stipulated Protective Order that was issued by the United States District Court for the

7

Eastern District of California on [date] in the case of ___________ PHH Mortgage Corporation v.

8

Barrett, Daffin, Frappier, Treder & Weiss, LLP et al., E.D. Cal., Case No. 2:16-cv-00832-KJM-EFB.

9

I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I

10
11

understand and acknowledge that failure to so comply could expose me to sanctions and punishment
in the nature of contempt. I solemnly promise that I will not disclose in any manner any information

12

or item that is subject to this Stipulated Protective Order to any person or entity except in strict
13
14

compliance with the provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District Court for the Eastern

16

District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even

17

if such enforcement proceedings occur after termination of this action.

18

I hereby appoint __________________________ [print or type full name] of

19

_______________________________________ [print or type full address and telephone number] as
20
21
22

my California agent for service of process in connection with this action or any proceedings related
to enforcement of this Stipulated Protective Order.

23

Date: ______________________________________

24

City and State where sworn and signed: _________________________________

25

Printed name: _______________________________

26

Signature: __________________________________

27
28
STIPULATED PROTECTIVE ORDER - 15