Wang v. Asset Acceptance LLC

Filing 114

ORDER To Disclose Credit Information Of Plaintiff And Other Consumers Who May Fall Within A Potential Settlement Class Proposed By Plaintiff (tf, COURT STAFF) (Filed on 5/13/2011)

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Robert J. Schuckit, Esq. (IN #15342-49)
(admitted Pro Hac Vice)
William R. Brown (IN ##26782-48)
(admitted Pro Hac Vice)
Karen Butler Reisinger (IN #21795-49)
(admitted Pro Hac Vice)
Schuckit & Associates, P.C.
4545 Northwestern Drive
Zionsville, IN 46077
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
Lead Counsel for Defendant Trans Union, LLC
Michael W. Bien, Esq. (CSB #96891)
Sumana Cooppan, Esq. (CSB #267967)
Rosen, Bien & Galvan, LLP
315 Montgomery Street, Tenth Floor
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]
Local Counsel for Defendant Trans Union, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOHNNY WANG, an individual, on his own behalf
and on behalf of others similarly situated,
Plaintiffs,
vs.
ASSET ACCEPTANCE, LLC, and
TRANS UNION, LLC, Delaware limited liability
companies, and DOES 1-100, inclusive,
Defendants.

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CASE NO. 3:09-cv-04797-SI
STIPULATION AND
[PROPOSED] ORDER
DIRECTIVE TO DISCLOSE
CREDIT INFORMATION OF
PLAINTIFF AND OTHER
CONSUMERS WHO MAY FALL
WITHIN A POTENTIAL
SETTLEMENT CLASS
PROPOSED BY PLAINTIFF

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WHEREAS

) alleges claims under the Fair Credit

STIPULATION AND [PROPOSED] ORDER TO DISCLOSE CREDIT INFORMATION
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and Plaintiff alleges claims

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on behalf of himself

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and others similarly situated;

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WHEREAS the parties engaged in settlement discussions facilitated by Magistrate Judge

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Chen on March 24, 2011 and April 28, 2011, including discussions regarding possible

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settlement of the claims asserted;

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WHEREAS during the Continued Settlement Conference on April 28, 2011, Magistrate

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Judge Chen directed Trans Union to disclose to Asset certain credit information in the

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possession of Trans Union related to Plaintiff and other consumers who may fall within a

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possible settlement class proposed by Plaintiff;

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WHEREAS Plaintiff will ultimately need to be able to review such credit information in

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order, e.g., to confirm that the class certified for any such settlement is properly defined, and

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further that any release in such settlement is properly limited;

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WHEREAS the Court is authorized under 15 U.S.C. § 1681b(a)(1) to grant leave to

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Trans Union to produce the subject credit information to Asset and Plaintiff confidentially for

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purposes of settlement discussions;

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WHEREAS the credit information sought to be disclosed is necessary to complete

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ement discussions;
WHEREAS the

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possible the privacy interests of Plaintiff and other consumers who may fall within a possible

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settlement class proposed by Plaintiff;

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WHEREAS pursuant to the Protective Order entered in this action (see Doc. No. 45), the

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credit information shall be designated

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Protective Order, Paragraph 2.4) (except that information also may be disclosed to such internal

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personnel of Asset as is necessary for analysis to be performed, so long as they are working at

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the direction and under the supervision of counsel) and all copies of said information destroyed

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or returned to Trans Union within 60 days of termination of this action (see Protective Order,

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Paragraph 11); and

(see

STIPULATION AND [PROPOSED] ORDER TO DISCLOSE CREDIT INFORMATION
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WHEREAS production of the credit information under these conditions ensures a proper

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balance between protecting the privacy interests of Plaintiff and other consumers who may fall

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within a possible settlement class proposed by Plaintiff and making available information

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necessary to a possible resolution of the proposed class claims against Asset and Trans Union in

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this action, and to the potential allocation of responsibility as between Asset and Trans Union

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;

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WHEREAS, neither this stipulation nor the production of credit information by Trans

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Union shall be deemed an admission or concession that such information is discoverable or

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relevant to any issue in the action, or that any element of class certification can be established;

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THEREFORE, IT IS HEREBY STIPULATED between the Parties, through their

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counsel of record, that the Court order Trans Union to disclose to Asset and to Plaintiff such

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credit information as may be necessary to complete and to diligently review the analysis

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described herein, and on the terms and conditions described herein.

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STIPULATION AND [PROPOSED] ORDER TO DISCLOSE CREDIT INFORMATION
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SO STIPULATED by:
Date:

May 11, 2011

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Lead Counsel for Defendant Trans Union,
LLC

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s/ Karen Butler Reisinger
Robert J. Schuckit, Esq. (IN #15342-49)
(admitted Pro Hac Vice)
William R. Brown (IN #26782-48)
(admitted Pro Hac Vice)
Karen Butler Reisinger (IN #21795-49)
(admitted Pro Hac Vice)
Schuckit & Associates, P.C.
4545 Northwestern Drive
Zionsville, IN 46077
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

Date:

May 11, 2011

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s/ Ethan Preston (with consent)
Ethan Preston, Esq.
Preston Law Offices
21001 North Tatum Boulevard
Suite 1630-430
Phoenix, AZ 85050
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

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Counsel for Plaintiff Johnny Wang, et al.

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Date:

May 11, 2011

s/ Tomio Buck Narita (with consent)
Tomio Buck Narita, Esq.
Jeffrey A. Topor, Esq.
Simmonds & Narita, LLP
44 Montgomery Street, Suite 3010
San Francisco, CA 94104-4816
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]
Lead Counsel for Defendant Asset
Acceptance, LLC

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION,

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IT IS SO ORDERED.

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5/12/11
Dated: ___________________________

___________________________________
Hon. Susan Illston, Judge
U.S. District Court
Northern District of California

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