Carroll v. Wells Fargo & Company et al

Filing 98

ORDER by Judge Kandis A. Westmore granting the parties' 87 Stipulated Protective Order. (kawlc1, COURT STAFF) (Filed on 7/19/2016)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 SEYFARTH SHAW LLP Christian J. Rowley (SBN 187293) 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 crowley@seyfarth.com PADILLA & RODRIGUEZ, LLP John M. Padilla (SBN 279815) jpadilla@pandrlaw.com 601 S. Figueroa St., Suite 4050 Los Angeles, California 90017 Telephone: (213) 244-1401 Facsimile: (213) 244-1402 Richard L. Alfred (SBN 015000) (pro hac vice) Two Seaport Lane, Suite 300 Boston, Massachusetts 02210 Telephone: (617) 946-4802 Facsimile: (617) 946-4801 ralfred@seyfarth.com WILLS LAW FIRM, PLLC Rhonda H. Wills (pro hac vice) rwills@rwillslawfirm.com Genevieve Estrada (pro hac vice) gestrada@rwillslawfirm.com 1776 Yorktown, Suite 570 Houston, Texas 77056 Telephone: (713) 528-4455 Facsimile: (713) 528-2047 Timothy M. Watson (SBN 20963575) (pro hac vice) 700 Milam Street, Suite 1400 Houston, Texas 77002-2812 Telephone: (713) 225-2300 Facsimile: (713) 225-2340 twatson@seyfarth.com Attorneys for Plaintiffs KELLY CARROLL, and the Putative Class Attorneys for Defendant WELLS FARGO & COMPANY and WELLS FARGO BANK, N.A. 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 21 22 23 24 KELLY CARROLL, Individually and On Behalf of All Others Similarly Situated, Case No. 3:15-CV-02321 EMC (KAW) STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER Plaintiffs, v. Judge: Hon. Edward M. Chen WELLS FARGO & COMPANY, and WELLS FARGO BANK, N.A., 25 Defendants. 26 27 28 1 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 1. 2 PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure and from use for 4 any 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 limited 8 information or items that are entitled to confidential treatment under the applicable legal principles and 9 the terms herein. The parties further acknowledge, as set forth in Section 12.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local 11 Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a 12 party seeks permission from the court to file material under seal. 13 2. DEFINITIONS 14 15 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 17 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 18 of Civil Procedure 26(c), including private information of an individual, trade secrets, 19 proprietary information, information protected from disclosure by statute, and confidential 20 commercial information. 21 22 2.3 well as their support staff). 23 24 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 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.” 25 2.5 Disclosure or Discovery Material: all items or information, regardless of the 26 medium or manner in which it is generated, stored, or maintained (including, among other things, 27 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 28 responses to discovery in this matter. 1 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 2 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 3 consultant in this action. 4 2.7 5 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 6 2.8 7 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 8 2.9 9 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this 10 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of 11 that party. 12 2.10 13 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). 14 2.11 15 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 16 2.12 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 18 processing, hosting, organizing, storing, or retrieving data in any form or medium) and their 19 employees and subcontractors. 20 2.13 21 “CONFIDENTIAL.” 22 2.14 23 24 25 Protected Material: any Disclosure or Discovery Material that is designated as Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 26 defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, 27 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or 28 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections 2 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 conferred by this Stipulation and Order do not cover the following information: (a) any information that 2 is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public 3 domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this 4 Order, including becoming part of the public record through trial or otherwise; and (b) any information 5 known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the 6 disclosure from a source who obtained the information lawfully and under no obligation of 7 confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a 8 separate agreement or order. 9 4. 10 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this 11 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 12 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 13 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and 14 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits 15 for filing any motions or applications for extension of time pursuant to applicable law. 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 18 or Non-Party that designates information or items for protection under this Order must take care 19 to limit any such designation to specific material that qualifies under the appropriate standards as 20 set forth herein. The Designating Party must designate for protection only those parts of 21 material, documents, items, oral or written communications, or depositions that qualify so that 22 other portions of the material, documents, items or communications for which protection is not 23 warranted are not swept unjustifiably within the ambit of the Order, with the exception of e-mail 24 data as described below. 25 Mass, indiscriminate, or routinized designations are prohibited, except with respect to the 26 production of e-mail data as described below. Except for the mass designation of e-mail data as 27 CONFIDENTIAL as described below, designations that are shown to be clearly unjustified or 28 that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case 3 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 development process or to impose unnecessary expenses and burdens on other parties) expose 2 the Designating Party to sanctions. The parties agree, however, that it is not cost-effective for 3 the Producing Party to review the e-mail data sought by Plaintiffs for confidentiality, and thus 4 the parties agree that the Producing Party may mark all e-mail data and attachments en masse as 5 CONFIDENTIAL to protect against the disclosure of highly confidential consumer financial data 6 and other potentially confidential data that may be contained within the e-mail collection. If the 7 receiving Counsel wishes to disclose particular documents to others not authorized to receive the 8 documents under this order and believes that they do not contain CONFIDENTIAL material, 9 Counsel may confer with the Designating Party, who shall withdraw the designation if 10 warranted, per the procedures outlined in paragraphs 6.2 and 12.3. Absent agreement, the parties 11 may seek Court relief as provided herein. 12 If it comes to a Designating Party’s attention that information or items that it designated 13 for protection do not qualify for protection, that Designating Party must promptly notify all other 14 Parties that it is withdrawing the mistaken designation. 15 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 16 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 17 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 18 designated before the material is disclosed or produced. 19 Designation in conformity with this Order requires: 20 (a) for information in documentary form (e.g., paper or electronic documents, 21 but excluding transcripts of depositions or other pretrial or trial proceedings), that the 22 Producing Party affix the legend “CONFIDENTIAL” to each page that contains 23 protected material. If only a portion or portions of the material on a page qualifies for 24 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 25 by making appropriate markings in the margins). A Party or Non-Party that makes 26 original documents or materials available for inspection need not designate them for 27 protection until after the inspecting Party has indicated which material it would like 28 copied and produced. During the inspection and before the designation, all of the 4 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 material made available for inspection shall be deemed “CONFIDENTIAL.” After the 2 inspecting Party has identified the documents it wants copied and produced, the 3 Producing Party must determine which documents, or portions thereof, qualify for 4 protection under this Order. Then, before producing the specified documents, the 5 Producing Party must affix the “CONFIDENTIAL” legend to each page that contains 6 Protected Material. If only a portion or portions of the material on a page qualifies for 7 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 8 by making appropriate markings in the margins). 9 (b) for testimony given in deposition or in other pretrial or trial proceedings, 10 that the Designating Party identify on the record, before the close of the deposition, 11 hearing, or other proceeding, all protected testimony, or that the Designating Party send 12 written notice of which portions of the transcript of the testimony is designated within 13 thirty (30) days of receipt of the final transcript of the testimony. If no indication on the 14 record is made, all information disclosed during a deposition shall be deemed 15 CONFIDENTIAL until the time within which portions of the testimony may be 16 appropriately designated as provided for herein has passed. Any Party that wishes to 17 disclose the transcript, or information contained therein, before the time within which it 18 may be appropriately designated as Protected Material has passed, may provide written 19 notice of its intent to treat the transcript as non-confidential, after which time, any Party 20 that wants to maintain any portion of the transcript as CONFIDENTIAL must designate 21 the CONFIDENTIAL portions within five (5) business days, or else the transcript may be 22 treated as non-confidential. Any Protected Material that is used in the taking of a 23 deposition shall remain subject to the provisions of this Protective Order, along with the 24 transcript pages of the deposition testimony dealing with such Protected Material. In 25 such cases the court reporter shall be informed of this Protective Order. 26 (c) for information produced in some form other than documentary and for 27 any other tangible items, that the Producing Party affix in a prominent place on the 28 exterior of the container or containers in which the information or item is stored the 5 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 legend “CONFIDENTIAL.” If only a portion or portions of the information or item 2 warrant protection, the Producing Party, to the extent practicable, shall identify the 3 protected portion(s). 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 5 designate qualified information or items does not, standing alone, waive the Designating Party’s 6 right to secure protection under this Order for such material. Upon timely correction of a 7 designation, the Receiving Party must make reasonable efforts to assure that the material is 8 treated in accordance with the provisions of this Order. 9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 10 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 11 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 12 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 13 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 14 challenge a confidentiality designation by electing not to mount a challenge promptly after the 15 original designation is disclosed. 16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 17 process by providing written notice of each designation it is challenging and describing the basis 18 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 19 notice must recite that the challenge to confidentiality is being made in accordance with this 20 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 21 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 22 forms of communication are not sufficient) within 14 days of the date of service of notice. In 23 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 24 designation was not proper and must give the Designating Party an opportunity to review the 25 designated material, to reconsider the circumstances, and, if no change in designation is offered, 26 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 27 stage of the challenge process only if it has engaged in this meet and confer process first or 28 establishes that the Designating Party is unwilling to participate in the meet and confer process in 6 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 a timely manner. If, however, the Challenging Party wishes to file Protected Material and is 2 under time constraints to file the Protected Material, the Parties will follow the compressed time 3 schedule in paragraph 12.3. 4 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 5 intervention, the Designating Party shall file and serve a motion to retain confidentiality under 6 Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days 7 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and 8 confer process will not resolve their dispute, whichever is earlier, or if paragraph 12.3 applies, 9 within 2 business days of the meet and confer. Each such motion must be accompanied by a 10 competent declaration affirming that the movant has complied with the meet and confer 11 requirements. Failure by the Designating Party to make such a motion including the required 12 declaration within 21 days (or 14 days, if applicable), or within 2 business days of the meet and 13 confer where paragraph 12.3 applies, shall automatically waive the confidentiality designation 14 for each challenged designation. In addition, the Challenging Party may file a motion 15 challenging a confidentiality designation at any time if there is good cause for doing so, 16 including a challenge to the designation of a deposition transcript or any portions thereof. Any 17 motion brought pursuant to this provision must be accompanied by a competent declaration 18 affirming that the movant has complied with the meet and confer requirements imposed by the 19 preceding paragraph. 20 The burden of persuasion in any such challenge proceeding shall be on the Designating 21 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 22 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 23 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 24 file a motion to retain confidentiality as described above, all parties shall continue to afford the 25 material in question the level of protection to which it is entitled under the Producing Party’s 26 designation until the court rules on the challenge. 27 28 7 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 7. ACCESS TO AND USE OF PROTECTED MATERIAL 2 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed 3 or produced by another Party or by a Non-Party in connection with this case only for 4 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 5 disclosed only to the categories of persons and under the conditions described in this Order. 6 When the litigation has been terminated, a Receiving Party must comply with the provisions of 7 section 13 below (FINAL DISPOSITION). 8 Protected Material must be stored and maintained by a Receiving Party at a location and 9 in a secure manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 11 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 12 disclose any information or item designated “CONFIDENTIAL” only to: 13 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 14 employees of said Outside Counsel of Record to whom it is reasonably necessary to 15 disclose the information for this litigation; 16 (b) the named Plaintiff in this action, provided that Counsel will take care to 17 avoid showing Plaintiff confidential consumer information of third parties such as 18 documents with social security numbers and other private financial information where the 19 material is not needed to prepare for depositions or trial in this matter; 20 (c) putative class members the Parties have agreed to depose, who are ordered 21 to be deposed by the Court, or whose deposition has been noticed, provided that Counsel 22 will take care to avoid showing the putative class members to be deposed confidential 23 consumer information of third parties such as documents with social security numbers 24 and other private financial information where the material is not needed to prepare for 25 depositions or trial in this matter; 26 (d) 27 officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; 28 8 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 (e) Experts (as defined in this Order) of the Receiving Party to whom 2 disclosure is reasonably necessary for this litigation and who have signed the 3 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 4 (f) the court and its personnel; 5 (g) court reporters and their staff, professional jury or trial consultants, mock 6 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this 7 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 8 (Exhibit A); 9 (h) during their depositions, witnesses in the action to whom disclosure is 10 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be 11 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the 12 court. Pages of transcribed deposition testimony or exhibits to depositions that reveal 13 Protected Material must be separately bound by the court reporter and may not be 14 disclosed to anyone except as permitted under this Stipulated Protective Order; 15 (i) 16 17 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 18 LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation that compels 20 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must: 21 (a) 22 promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; 23 (b) promptly notify in writing the party who caused the subpoena or order to 24 issue in the other litigation that some or all of the material covered by the subpoena or 25 order is subject to this Protective Order. Such notification shall include a copy of this 26 Stipulated Protective Order; and 27 (c) 28 cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 9 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 If the Designating Party timely seeks a protective order, the Party served with the subpoena or 2 court order shall not produce any information designated in this action as “CONFIDENTIAL” before a 3 determination by the court from which the subpoena or order issued, unless the Party has obtained the 4 Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking 5 protection in that court of its confidential material, and nothing in these provisions should be construed 6 as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another 7 court. 8 9. 9 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 10 9.1 The terms of this Order are applicable to information produced by a Non-Party in 11 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 12 connection with this litigation is protected by the remedies and relief provided by this Order. 13 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 14 additional protections. 15 9.2 In the event that a Party is required, by a valid discovery request, to produce a 16 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 17 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 18 (a) promptly notify in writing the Requesting Party and the Non-Party that 19 some or all of the information requested is subject to a confidentiality agreement with a 20 Non-Party; 21 (b) promptly provide the Non-Party with a copy of the Stipulated Protective 22 Order in this litigation, the relevant discovery request(s), and a reasonably specific 23 description of the information requested; and 24 (c) 25 9.3 make the information requested available for inspection by the Non-Party. If the Non-Party fails to object or seek a protective order from this court within 14 26 days of receiving the notice and accompanying information, the Receiving Party may produce 27 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party 28 timely seeks a protective order, the Receiving Party shall not produce any information in its 10 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 possession or control that is subject to the confidentiality agreement with the Non-Party before a 2 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 3 burden and expense of seeking protection in this court of its Protected Material. 4 10. 5 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material 6 to any person or in any circumstance not authorized under this Stipulated Protective Order, the 7 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 8 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 9 inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, 10 and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” 11 that is attached hereto as Exhibit A. 12 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 13 MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain produced material 15 (“Identified Materials”) is subject to a claim of privilege or other protection, the obligations of the 16 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). The production of 17 documents subject to protection by the attorney-client, work product, or other legal privilege protecting 18 information from discovery shall not constitute a waiver of any privilege or other protection, provided 19 that the Producing Party promptly notifies the Receiving Party, in writing, of the production after its 20 discovery of same. The Parties agree that this Order is an Order entered under Rule 502(d) of the 21 Federal Rules of Evidence and thus the disclosure of Identified Materials is not a waiver of the privilege 22 in any other federal or state proceeding. 23 12. MISCELLANEOUS 24 25 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 27 Order no Party waives any right it otherwise would have to object to disclosing or producing any 28 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 11 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 no Party waives any right to object on any ground to use in evidence of any of the material 2 covered by this Protective Order. 3 12.3 Filing Protected Material. Without written permission from the Designating Party 4 or a court order secured after appropriate notice to all interested persons, a Party may not file in 5 the public record in this action any Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be 7 filed under seal pursuant to a court order authorizing the sealing of the specific Protected 8 Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a 9 request establishing that the Protected Material at issue is privileged, protectable as a trade 10 secret, or otherwise entitled to protection under the law. If a Party believes that material has 11 been designated “CONFIDENTIAL” and cannot or should not be sealed, pursuant to Civil Local 12 Rule 79-5, then the Party wishing to file the materials shall particularly identify the documents or 13 information that it wishes to file to the Producing Party, in writing. The Producing Party will, 14 within 3 business days of receiving the request, or a different time if the parties agree to a 15 different time period, agree to withdraw the designation for any materials that are not considered 16 confidential under Civil Local Rule 79-5. For any documents that the Producing Party claims 17 should be filed under seal and where the Parties disagree on this point, the Designating Party will 18 file a motion to seal the materials within 2 business days following a meet and confer on the 19 issue with opposing counsel, or a different time period if the parties agree to a different time 20 period. If there are exigent circumstances that prevent the Party seeking to file the materials 21 from providing the notice specified herein, the Party seeking to file the materials will identify the 22 materials it wishes to file by Bates Number to the Producing Party with as much advance notice 23 as is feasible and after providing such notice, may file an administrative motion to seal following 24 the procedures specified in Civil Local Rule 79-5(e). If a Party’s request to file Protected 25 Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the Party 26 wishing to file the materials may file the information in the public record pursuant to Civil Local 27 Rule 79-5(e) unless otherwise instructed by the court. 28 12 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 13. FINAL DISPOSITION 2 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 3 Receiving Party must return all Protected Material to the Producing Party or destroy such material. As 4 used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, 5 and any other format reproducing or capturing any of the Protected Material. Whether the Protected 6 Material is returned or destroyed, the Receiving Party must submit a written certification to the 7 Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline 8 that (1) identifies (by category, where appropriate) all the Protected Material that was returned or 9 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, 10 summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding 11 this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, 12 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, 13 expert reports, attorney work product, and consultant and expert work product, even if such materials 14 contain Protected Material. Any such archival copies that contain or constitute Protected Material 15 remain subject to this Protective Order as set forth in Section 4 (DURATION). 16 14. SHIPPING PROTECTED MATERIAL 17 When any Receiving Party ships any Protected Material to others designated in this Order as 18 authorized to receive Protected Material, the Receiving Party will encrypt any electronic data (if the 19 Protected Material is in that format) and supply the password in separate correspondence to the 20 recipient. If the Protected Material is in hard copy/paper form, the Receiving Party will ship the 21 Protected Material using secure packaging tape via Federal Express or UPS and retain a tracking number 22 for the materials. If the Receiving Party learns at any time that Protected Material may have been 23 retrieved or viewed by unauthorized parties during shipment, it will immediately notify the Producing 24 Party and take all reasonable measures to retrieve the improperly disclosed Protected Material. Nothing 25 herein shall restrict or prohibit a Party from shipping documents that the Party has produced, without 26 encryption or password protection, where the Producing Party is the only Designating Party. 27 28 13 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 15. 2 COMPUTATION OF TIME The computation of any period of time prescribed or allowed by this Order shall be governed by 3 the provisions for computing time set forth in Federal Rule of Civil Procedure 6. 4 16. 5 APPLICATION OF THIS ORDER This Order applies to Disclosure or Discovery Material produced after the Parties have executed 6 this Stipulated Protective Order, as well as to Disclosure or Discovery Material produced prior to 7 execution of this Stipulated Protective Order, to the extent the Producing Party conditioned production 8 of the Disclosure or Discovery Material on entry of a protective order. This Order specifically applies to 9 any documents or information produced by Defendants to Plaintiff for purposes of preparing for 10 11 mediation. Pursuant to Local Rule 5-1(i)(3), I certify that all other signatories listed, on whose behalf the 12 filing is submitted, concur in the filing’s content and have authorized the filing. 13 Dated: July 5, 2016 /s/ Timothy M. Watson Timothy M. Watson Dated: July 5, 2016 /s/ John M. Padilla John M. Padilla Counsel for Plaintiff Dated: July 5, 2016 /s/ Timothy Watson Timothy M. Watson Counsel for Defendants 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, __________________________ [print or type full name], of ________________ [print or type 4 full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the Northern District 6 of California on [date] in the case of Carroll v. Wells Fargo & Company, et al., Case Number 3:15-CV- 7 02321 EMC. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order 8 and I understand and acknowledge that failure to so comply could expose me to sanctions and 9 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any 10 information or item that is subject to this Stipulated Protective Order to any person or entity except in 11 strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Northern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 14 such enforcement proceedings occur after termination of this action. 15 I hereby appoint _______________________ [print or type full name] of 16 ___________________________________ [print or type full address and telephone number] as my 17 California agent for service of process in connection with this action or any proceedings related to 18 enforcement of this Stipulated Protective Order. 19 20 Date: ___________________________________ 21 City and State where sworn and signed: ___________________________ 22 23 Printed name: __________________________ 24 25 Signature: ____________________________ 26 27 28 15 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1 1 2 3 4 5 [PROPOSED] ORDER FOR STIPULATED PROTECTIVE ORDER GOOD CAUSE APPEARING, it is hereby ORDERED that all parties to this action and their counsel comply with the provisions of the Parties’ Stipulated Protective Order. IT IS SO ORDERED. Dated: 7/19/16 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 STIPULATED PROTECTIVE ORDER AND [PROPOSED] ORDER - CASE NO. 3:15-CV-02321 EMC 27938281v.1

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