Drew v. Equifax Information Services, LLC et al

Filing 124

protective ORDER. Signed by Judge Illston on 2/1/08. (ts, COURT STAFF) (Filed on 2/4/2008)

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Drew v. Equifax Information Services, LLC et al Doc. 124 Case 3:07-cv-00726-SI Document 123 Filed 02/01/2008 Page 1 of 7 1 2 3 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 Tracy Strong (State Bar No. 221540) tstrong@jonesday.com David L. Wallach (State Bar No. 233432) dwallach@jonesday.com JONES DAY 555 California Street San Francisco, CA 94105 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendant EXPERIAN INFORMATION SOLUTIONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ERIC ROBERT DREW, Plaintiff, v. EQUIFAX INFORMATION SERVICES LLC, EXPERIAN INFORMATION SOLUTIONS, INC., TRANSUNION LLC, NCAC, BANK OF AMERICA, FLEET CREDIT CARD SERVICE, AT&T UNIVERSAL CARD SERVICES, CITIGROUP, BANK ONE CARDMEMBER SERVICES, FIRST USA BANK, N.A., FIA CARD SERVICES, N.A., CITIBANK (SOUTH DAKOTA) N.A.], CHASE BANK USA, N.A., and DOES 4-100, Defendants. Case No. C07-00726 SI [PROPOSED] STIPULATED PROTECTIVE ORDER Dockets.Justia.com Case 3:07-cv-00726-SI Document 123 Filed 02/01/2008 Page 2 of 7 1 2 3 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 IT IS HEREBY STIPULATED by and between Plaintiff Eric Robert Drew and Defendants Experian Information Solutions, Inc. ("Experian"), TransUnion, LLC ("TransUnion"), Equifax Information Services LLC ("Equifax"), Bank of America, FIA Card Services, N.A. ("FIA"), AT&T Universal Card Services ("AT&T"), Citigroup, Citibank (South Dakota) N.A. ("Citibank"), Bank One Cardmember Services ("Bank One"), First USA Bank, N.A. ("First USA Bank"), and Chase Bank USA, N.A. ("Chase") through their respective attorneys of record, as follows: 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 defendants and/or personal income, credit and other confidential information of Plaintiff. 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 in this action which are designated to be subject to this Order in accordance with the terms hereof. 2. Even after the termination of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until the party responsible for designating documents as "confidential" agrees otherwise in writing or a court order otherwise directs. 3. 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 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." If only a portion or portions of the material on a page qualifies for protection, the producing party or non-party must clearly identify the protected portion(s). 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 filing such papers shall submit the same to the Court with a request to file under seal in -2- Case 3:07-cv-00726-SI Document 123 Filed 02/01/2008 Page 3 of 7 1 2 3 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 accordance with this Court's Civil Local Rule 79-5. Copies of such documents containing information subject to this Protective Order that are served on counsel for the parties shall be similarly identified and shall be maintained as Confidential. 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 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 the individual or entity asserting confidential treatment, 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 (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 who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A), subject to a proffer to the Court or a stipulation of the parties that such witnesses need to know such information; and (e) present or former employees of the producing party in connection with their depositions in this action (provided that no former employees shall be shown documents prepared after the date of his or her departure). 7. 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 other 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 confidential documents, information or transcript shall disseminate or disclose -3- Case 3:07-cv-00726-SI Document 123 Filed 02/01/2008 Page 4 of 7 1 2 3 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 them to any person other than those described above in Paragraph 5 and for the purposes specified, and in no event shall such person make any other use of such document or transcript. 8. Nothing in this Order shall prevent a party from using at trial any information or materials designated "Confidential." 9. This Order has been agreed to by 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," nor the failure to make such designation, shall constitute evidence with respect to any issue in this action. 10. Within sixty (60) days after the final termination 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 returned to the individual or entity having produced or furnished same. 11. 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. 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 be continue to be treated as "Confidential" subject to the provisions of this Protective Order. 12. Nothing herein shall affect or restrict the rights of any party with respect to its own documents or to the information obtained or developed independently of documents, transcripts and materials afforded confidential treatment pursuant to this Order. /// /// /// -4- Case 3:07-cv-00726-SI Document 123 Filed 02/01/2008 Page 5 of 7 1 2 3 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 Dated: February 1, 2008 Respectfully submitted, JONES DAY By: /S/ David Wallach David Wallach Counsel for Defendant Experian Information Systems, Inc. Dated: February 1, 2008 Stroock & Stroock & Lavan LLP By: /S/ Marco Sasso Marco Sasso Counsel for Defendants Citigroup Citibank (South Dakota) N.A. Dated: February 1, 2008 Ropers Meleski Kohn & Bentley By: /S/ George J. Weickhardt George J. Weickhardt Counsel for Defendants Bank One Cardmember Services First USA Bank, N.A. Chase Bank USA, N.A. Dated: February 1, 2008 Reed Smith LLP By: /S/ Jordan Yu Jordan Yu Counsel for Defendant FIA Card Services, N.A. -5- Case 3:07-cv-00726-SI Document 123 Filed 02/01/2008 Page 6 of 7 1 2 3 Dated: February 1, 2008 King & Spalding LLP By: 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 -6IT IS SO ORDERED. Dated: Dated: February 1, 2008 By: /S/ K. Ann Brousard K. Ann Brousard Counsel for Defendant Equifax Information Services LLC /S/ John B. Keating John B. Keating Counsel for Plaintiff Eric Robert Drew ______________________________________ The Honorable Susan Illston UNITED STATES DISTRICT JUDGE Case 3:07-cv-00726-SI Document 123 Filed 02/01/2008 Page 7 of 7 1 2 3 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 SFI-570267v1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, ____________________ [print or type full name], of ______________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Northern District of California on [date] in the case of Drew v. Equifax, et al., 07-0726 SI. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 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 or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Northern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint _____________________ [print or type full name] of ________________ [print or type full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: ___________________________ City and State where sworn and signed: _________________________ Printed name: ________________________ Signature: _________________________ -7-

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