Banga v. Trans Union, LLC

Filing 30

PROTECTIVE ORDER. Signed by Judge Maxine M. Chesney on April 14, 2011. (mmclc1, COURT STAFF) (Filed on 4/14/2011)

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Karen B. Reisinger, Esq. (IN #21795-49)
(admitted Pro Hac Vice)
Sandra L. Davis, Esq. (IN #27803-53)
(admitted Pro Hac Vice)
Schuckit & Associates, P.C.
4545 Northwestern Drive
Zionsville, IN 46077
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]

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Lead Counsel for Defendant Trans Union, LLC

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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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KAMLESH BANGA,
Plaintiff,
vs.
TRANS UNION, LLC, and DOES 1 THROUGH
10 INCLUSIVE,
Defendants.

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) CASE NO. 3:10-cv-04758-MMC
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) [PROPOSED] STIPULATED
) PROTECTIVE ORDER
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STIPULATED PROTECTIVE ORDER
It is hereby stipulated and agreed by and between Plaintiff Kamlesh Banga, pro se, and

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as follows:

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[PROPOSED] STIPULATED PROTECTIVE ORDER

3:10-CV-04758-MMC
Page 1 of 7

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BACKGROUND
A.

Documents and information have been and may be sought, produced or exhibited

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by and between the parties to this action relating to trade secrets, confidential research,

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development, technology and other proprietary information belonging to the Defendant and/or

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personal income, credit and other confidential information of Plaintiff.

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B.

of this information and governing the production and use of this information.

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The parties desire to enter into a mutual agreement regarding the confidentiality

AGREEMENT
1.

Any party, at any time prior to or after production or disclosure, may designate

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that contains confidential commercial or financial information to which they in good faith

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believe access should be limited to Plaintiff, while she is proceeding as a pro se litigant, and

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litigation counsel presently of record, or subsequently substituted.

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s used herein, shall refer to any so designated document, testimony or

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other discovery material and all copies thereof, and shall also refer to the information contained

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in such materials. No such designation shall be made unless Plaintiff, while she is proceeding

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as a pro se litigant, or counsel of record believes in good faith that the designated material is in

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fact a trade secret or other confidential or proprietary information.

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2.

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onfidential

The parties shall exercise restraint and care in designating material as
esignating party must designate for protection

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only those parts of material, documents, items, or oral or written communications that qualify

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so that other portions of the material, documents, items, or communications for which

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protection is not warranted are not swept unjustifiably within the ambit of this Protective

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Agreement. Mass, indiscriminate, or routinized designations are prohibited. Designations that

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

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unnecessarily encumber or retard the case development process or to impose unnecessary

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expenses and burdens on other parties) expose the designating party to sanctions. If it comes to

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on that information or items that it designated for protection do not
[PROPOSED] STIPULATED PROTECTIVE ORDER

3:10-CV-04758-MMC
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qualify for protection, that party must promptly notify all other parties that it is withdrawing the

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mistaken designation.

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3.

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maintained in confidence for use by Plaintiff, while she is proceeding as a pro se litigant, and

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litigation counsel presently of record, or subsequently substituted, who must have access to such

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documentation and shall not be disclosed to any person except:

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a. the above captioned Court and its officers and employees in connection with
this civil action;
b. Plaintiff, while she is proceeding as a pro se litigant;
c. litigation counsel of record, or subsequently substituted, and employees of
such counsel;
d. experts to whom disclosure is reasonably necessary for this litigation and

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who have signed the

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(Exhibit A), provided that the opposing party is provided with a copy of the

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signed Acknowledgment And Agreement To Be Bound and a written

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name, citizenship, present residence address and business address, current

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employer and job title at least ten days prior to the disclosure and has given

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its written consent to the disclosure; such consent shall not be denied except

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for good cause;

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e. during their depositions, witnesses in the action to whom disclosure is

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reasonably necessary for this litigation and who have signed the

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Pages of

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transcribed deposition testimony or exhibits to depositions that reveal

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must be separately bound by

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the court reporter and may not be disclosed to anyone except as permitted

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under this Stipulated Protective Agreement; and

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[PROPOSED] STIPULATED PROTECTIVE ORDER

3:10-CV-04758-MMC
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f.

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possessed or knew the information.
4.

Nothing in this Agreement and Protective Order shall be taken as indicating that

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idential
confidential treatment.

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or entitled to

A party shall not be obligated to challenge the propriety of a

A

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not preclude a subsequent challenge thereto. In the event that any party to this litigation

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disagrees at any stage of these proceedings with the designation by the producing party of

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such dispute in good faith on an informal basis. If the dispute is not resolved, the objecting

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party may seek appropriate relief from the Court, and that party shall have the burden of

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proving the designation is not appropriate.

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5.

Without written permission from the designating party or a court order secured

after appropriate notice to all interested persons, a party may not file in the public record in this

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-5.

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be filed under seal pursuant to a court

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issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request

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ential
protectable as a trade secret, or otherwise entitled to protection under the law. If a receiving

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Civil Local Rule 79-5(d) is denied by the Court, then the receiving party may file the

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information in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise

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instructed by the Court.

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6.

Within sixty (60) days after the conclusion of this litigation or the final

conclusion of any appeal taken from a final judgment in this action, the original and all copies
[PROPOSED] STIPULATED PROTECTIVE ORDER

3:10-CV-04758-MMC
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to motions, or marked as deposition exhibits shall be destroyed with affidavit of destruction or

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returned to the producing party, at the option of the party from whom such documents and

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ocuments shall verify in an affidavit the return or destruction of said

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of record, or

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subsequently substituted, are entitled to retain an archival copy of all pleadings, motion papers,

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trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial

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exhibits, expert reports, attorney work product, and consultant and expert work product, even if

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subject to this Protective Agreement as set forth in paragraph 7.
7.

The terms and conditions of this Protective Agreement are binding even if not

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executed and entered by the Court and shall survive and remain in force and effect after the

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termination of this action. This Protective Agreement and Order may be amended as need may

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arise by the mutual written consent and agreement of counsel without prior leave of the Court.

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SO STIPULATED TO by:

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Date: 04/11/11

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s/Karen B. Reisinger
Karen B. Reisinger, Esq. (IN #21795-49)
(admitted Pro Hac Vice)
Sandra L. Davis, Esq. (IN #27803-53)
(admitted Pro Hac Vice)
Schuckit & Associates, P.C.
4545 Northwestern Drive
Zionsville, IN 46077
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]
Lead Counsel for Defendant Trans Union,
LLC

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[PROPOSED] STIPULATED PROTECTIVE ORDER

3:10-CV-04758-MMC
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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]

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Local Counsel for Defendant Trans Union,
LLC
Date: 04/11/11

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s/Kamlesh Banga (with consent)________
Kamlesh Banga
Pro se Plaintiff
P.O. Box 6025
Vallejo, CA 94591

PURSUANT TO STIPULATION IT IS SO ORDERED:

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Date: ___________________________
April 14, 2011

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___________________________________
Hon. Maxine M. Chesney, Judge
U.S. District Court
Northern District of California

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[PROPOSED] STIPULATED PROTECTIVE ORDER

3:10-CV-04758-MMC
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I, __________________, [print or type full name], of _______________________ [print

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

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

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for the Northern District of California on [insert date] in the case of Banga vs. Trans Union,

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LLC, Case No. 3:10-cv-04758-MMC. I agree to comply with and to be bound by all the terms

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of this Stipulated Protective Order and I understand and acknowledge that failure to so comply

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could expose me to sanctions and punishment in the nature of contempt. I solemnly promise

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that I will not disclose in any manner any information or item that is subject to this Stipulated

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Protective Order to any person or entity except in strict compliance with the provisions of this

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Order.

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

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Northern District of California for the purpose of enforcing the terms of this Stipulated

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Protective Order, even if such enforcement proceedings occur after termination of this action.
I

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hereby

appoint ________________________ [print
or

type

full

address

or

type

name]

of

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________________________ [print

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as my California agent for service of process in connection with this action or any proceedings

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related to enforcement of this Stipulated Protective Order.

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Date:

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City and State where sworn and signed:

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Printed name:

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[printed name]
Signature: ________________________________
[signature]

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[PROPOSED] STIPULATED PROTECTIVE ORDER

3:10-CV-04758-MMC
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and

full

telephone number]