Moore v. Exeter Finance Corp. et al

Filing 39

STIPULATED PROTECTIVE ORDER re 38 (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 4/5/2018. (hrllc2S, COURT STAFF) (Filed on 4/5/2018)

1
2
3
4
5
6

TROUTMAN SANDERS LLP
Chad R. Fuller, Bar No. 190830
[e-mail]
Justin M. Brandt, Bar No. 278368
[e-mail]
11682 El Camino Real, Suite 400
San Diego, CA 92130-2092
Telephone:
858-509-6000
Facsimile:
858-509-6040
Attorneys for Defendant
EXETER FINANCE LLC

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

10
11

SEELY MOORE,

Case No. 5:17-cv-04082-BLF
Plaintiff,

12
13

v.

14

STIPULATED PROTECTIVE ORDER

EXPERIAN INFORMATION
SOLUTIONS, INC.; EXETER; and
DOES 1 through 100, inclusive,

15

(MODIFIED BY THE COURT)

Defendant.

16

Re: Dkt. 38

17
18

1.

PURPOSES AND LIMITATIONS

19

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

20

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

21

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

22

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

23

Protective Order. The parties acknowledge that this Order does not confer blanket protections on

24

all disclosures or responses to discovery and that the protection it affords from public disclosure

25

and use extends only to the limited information or items that are entitled to confidential treatment

26

under the applicable legal principles. The parties further acknowledge, as set forth in Section

27

12.3, below, that this Stipulated Protective Order does not entitle them to file confidential

28

information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-1-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

the standards that will be applied when a party seeks permission from the court to file material

2

under seal.

3

2.

4
5
6

DEFINITIONS
2.1

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

information or items under this Order.
2.2

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

7

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

8

of Civil Procedure 26(c).

9
10
11
12
13

2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

well as their 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

14

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

15

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

16

responses to discovery in this matter.

17

2.6

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

18

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

19

consultant in this action.

20
21
22
23
24

2.7

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.
2.8

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

entity not named as a Party to this action.
2.9

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

25

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

26

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

27
28

2.10

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).

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-2-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1
2

2.11

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

Material in this action.

3

2.12

Professional Vendors: persons or entities that provide litigation support services

4

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and

5

organizing, storing, or retrieving data in any form or medium) and their employees and

6

subcontractors.

7
8

2.13

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

“CONFIDENTIAL.”

9

2.14

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

10

Producing Party.

11

3.

12

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

13

(as defined above), but also (1) any information copied or extracted from Protected Material;

14

(2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

obtained the information lawfully and under no obligation of confidentiality to the Designating

23

Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

24

4.

DURATION

25

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

26

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

27

order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all

28

claims and defenses in this action, with or without prejudice; and (2) final judgment herein after

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-3-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,

2

including the time limits for filing any motions or applications for extension of time pursuant to
For a period of six months after final disposition of this litigation, this
applicable law.
court will retain jurisdiction to enforce the terms of this order.
5.
DESIGNATING PROTECTED MATERIAL

3
4
5

5.1

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

6

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

7

to limit any such designation to specific material that qualifies under the appropriate standards.

8

The Designating Party must designate for protection only those parts of material, documents,

9

items, or oral or written communications that qualify—so that other portions of the material,

10

documents, items, or communications for which protection is not warranted are not swept

11

unjustifiably within the ambit of this Order.

12

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

13

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

14

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

15

expenses and burdens on other parties) expose the Designating Party to sanctions. If it comes to a

16

Designating Party’s attention that information or items that it designated for protection do not

17

qualify for protection, that Designating Party must promptly notify all other Parties that it is

18

withdrawing the mistaken designation.

19

5.2

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

20

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

21

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

22

designated before the material is disclosed or produced.

23

Designation in conformity with this Order requires:

24

(a)

for information in documentary form (e.g., paper or electronic documents,

25

but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing

26

Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a

27

portion or portions of the material on a page qualifies for protection, the Producing Party also

28

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

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-4-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

margins). A Party or Non-Party that makes original documents or materials available for

2

inspection need not designate them for protection until after the inspecting Party has indicated

3

which material it would like copied and produced. During the inspection and before the

4

designation, all of the material made available for inspection shall be deemed

5

“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and

6

produced, the Producing Party must determine which documents, or portions thereof, qualify for

7

protection under this Order. Then, before producing the specified documents, the Producing Party

8

must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a

9

portion or portions of the material on a page qualifies for protection, the Producing Party also

10

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

11

margins).

12

(b)

for testimony given in deposition or in other pretrial or trial proceedings,

13

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

14

other proceeding, all protected testimony.

15

(c)

for information produced in some form other than documentary and for any

16

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

17

container or containers in which the information or item is stored the legend “CONFIDENTIAL.”

18

If only a portion or portions of the information or item warrant protection, the Producing Party, to

19

the extent practicable, shall identify the protected portion(s).

20

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

21

designate qualified information or items does not, standing alone, waive the Designating Party’s

22

right to secure protection under this Order for such material. Upon timely correction of a

23

designation, the Receiving Party must make reasonable efforts to assure that the material is

24

treated in accordance with the provisions of this Order.

25

6.

26

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

27

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

28

designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-5-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

2

challenge a confidentiality designation by electing not to mount a challenge promptly after the

3

original designation is disclosed.

4

6.2

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

5

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

6

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

7

notice must recite that the challenge to confidentiality is being made in accordance with this

8

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

9

good faith and must begin the process by conferring directly (in voice to voice dialogue; other

10

forms of communication are not sufficient) within 14 days of the date of service of notice. In

11

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

12

designation was not proper and must give the Designating Party an opportunity to review the

13

designated material, to reconsider the circumstances, and, if no change in designation is offered,

14

to explain the basis for the chosen designation. A Challenging Party may proceed to the next

15

stage of the challenge process only if it has engaged in this meet and confer process first or

16

establishes that the Designating Party is unwilling to participate in the meet and confer process in

17

a timely manner.

18

6.3

19
20
21
22
23
24
25
26

Judicial Intervention. If the Parties cannot resolve a challenge without court
they shall comply with the undersigned's Standing Order re Civil Discovery
intervention, the Designating Party shall file and serve a motion to retain confidentiality under
Disputes
Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days
of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer
In each Discovery Dispute Joint Report
process will not resolve their dispute, whichever is earlier. Each such motion must be
(DDJR), the parties shall attest that they have
accompanied by a competent declaration affirming that the movant has complied with the meet
and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to
seek court intervention within the period set out in Standing Order, Section 2.D.
make such a motion including the required declaration within 21 days (or 14 days, if applicable)

27

shall automatically waive the confidentiality designation for each challenged designation. In
seek relief with respect to
addition, the Challenging Party may file a motion challenging a confidentiality designation at any

28

time if there is good cause for doing so, including a challenge to the designation of a deposition

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-6-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

2

In any DDJR
transcript or any portions thereof. Any motion brought pursuant to this provision must be
the parties shall attest that they have
accompanied by a competent declaration affirming that the movant has complied with the meet

3

and confer requirements imposed by the preceding paragraph.

1

4

The burden of persuasion in any such challenge proceeding shall be on the Designating

5

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

6

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

7
8

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
seek court intervention
file a motion to retain confidentiality as described above, all parties shall continue to afford the

9

material in question the level of protection to which it is entitled under the Producing Party’s

10

designation until the court rules on the challenge.

11

7.

12

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

13

produced by another Party or by a Non-Party in connection with this case only for prosecuting,

14

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

15

the categories of persons and under the conditions described in this Order. When the litigation has

16

been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

17

DISPOSITION).

18

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

19

in a secure manner that ensures that access is limited to the persons authorized under this Order.

20

7.2

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

21

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

22

information or item designated “CONFIDENTIAL” only to:

23

(a)

the Receiving Party’s Outside Counsel of Record in this action, as well as

24

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

25

information for this litigation and who have signed the “Acknowledgment and Agreement to Be

26

Bound” that is attached hereto as Exhibit A;

27

///

28

///

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-7-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

(b)

the officers, directors, and employees (including House Counsel) of the

2

Receiving Party to whom disclosure is reasonably necessary for this litigation and who have

3

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

4

(c)

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

5

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

6

and Agreement to Be Bound” (Exhibit A);

7

(d)

the court and its personnel;

8

(e)

court reporters and their staff, professional jury or trial consultants, mock

9
10

jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

11

(f)

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

12

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”

13

(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

14

transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

15

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

16

under this Stipulated Protective Order.

17

(g)

the author or recipient of a document containing the information or a

18

custodian or other person who otherwise possessed or knew the information.

19

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

20

LITIGATION

21

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

22

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

23

must:

24
25

(a)

include a copy of the subpoena or court order;

26
27

promptly notify in writing the Designating Party. Such notification shall

(b)

promptly notify in writing the party who caused the subpoena or order to

issue in the other litigation that some or all of the material covered by the subpoena or order is

28
T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-8-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

subject to this Protective Order. Such notification shall include a copy of this Stipulated

2

Protective Order; and

3
4

(c)

cooperate with respect to all reasonable procedures sought to be pursued by

the Designating Party whose Protected Material may be affected.

5

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

6

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

7

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

8

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

9

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

10

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

11

disobey a lawful directive from another court.

12

9.

13

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

14

(a)

The terms of this Order are applicable to information produced by a Non-

15

Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non-

16

Parties in connection with this litigation is protected by the remedies and relief provided by this

17

Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

18

additional protections.

19

(b)

In the event that a Party is required, by a valid discovery request, to

20

produce a Non-Party’s confidential information in its possession, and the Party is subject to an

21

agreement with the Non-Party not to produce the Non-Party’s confidential information, then the

22

Party shall:

23

(1)

promptly notify in writing the Requesting Party and the Non-Party

24

that some or all of the information requested is subject to a confidentiality agreement with a Non-

25

Party;

26

(2)

promptly provide the Non-Party with a copy of the Stipulated

27

Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific

28

description of the information requested; and

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

-9-

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1
2

(3)

make the information requested available for inspection by the

Non-Party.

3

(c)

If the Non-Party fails to object or seek a protective order from this court

4

within 14 days of receiving the notice and accompanying information, the Receiving Party may

5

produce the Non-Party’s confidential information responsive to the discovery request. If the Non-

6

Party timely seeks a protective order, the Receiving Party shall not produce any information in its

7

possession or control that is subject to the confidentiality agreement with the Non-Party before a

8

determination by the court. Absent a court order to the contrary, the Non-Party shall bear the

9

burden and expense of seeking protection in this court of its Protected Material. Any such disputes
are subject to the undersigned's Standing Order re Civil Discovery Disputes.
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

10
11

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

12

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

13

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

14

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

15

Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the

16

terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and

17

Agreement to Be Bound” that is attached hereto as Exhibit A.

18

11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

19

MATERIAL

20

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

21

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

22

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

23

provision is not intended to modify whatever procedure may be established in an e-discovery

24

order that provides for production without prior privilege review. Pursuant to Federal Rule of

25

Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a

26

communication or information covered by the attorney-client privilege or work product

27

protection, the parties may incorporate their agreement in the stipulated protective order

28

submitted to the court.

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

- 10 -

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

12.

2
3

MISCELLANEOUS
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.

4

12.2

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

5

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

6

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

7

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

8

by this Protective Order.

9

12.3

Filing Protected Material. Without written permission from the Designating Party

10

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

11

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

12

Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed

13

under seal pursuant to a court order authorizing the sealing of the specific Protected Material at

14

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

15

establishing that the Protected Material at issue is privileged, protectable as a trade secret, or

16

otherwise entitled to protection under the law. If a Receiving Party's request to file Protected

17

Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the

18

Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e)

19

unless otherwise instructed by the court.

20

13.

21

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

22

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

23

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

24

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

25

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must

26

submit a written certification to the Producing Party (and, if not the same person or entity, to the

27

Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all

28

the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has

T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

- 11 -

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

2

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

3

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

4

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

5

product, and consultant and expert work product, even if such materials contain Protected

6

Material. Any such archival copies that contain or constitute Protected Material remain subject to

7

this Protective Order as set forth in Section 4 (DURATION).

8

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

9
10

Dated: March 30, 2018

By: /s/ Chad R. Fuller
Chad R. Fuller
Justin M. Brandt
Attorneys for Defendant
EXETER FINANCE LLC

11
12
13
14

TROUTMAN SANDERS LLP

Dated: March 30, 2018

SAGARIA LAW, P.C.
By: /s/ Elliot W. Gale
Elliot W. Gale
Attorneys for Plaintiff
SEELY MOORE

15
16
17
18

Dated: March 30, 2018

By: /s/ Benjamin C. Lee
Benjamin C. Lee
Attorneys for Defendant
EXPERIAN INFORMATION SOLUTIONS,
INC.

19
20
21
22
23
24
25

JONES DAY

(MODIFIED BY THE COURT),
PURSUANT TO STIPULATION, IT IS SO ORDERED.
^
April 5
DATED: ____________________, 2018

26

_____________________________________
United States District/Magistrate Judge
Howard R. Lloyd

27
28
T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

- 12 -

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

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

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

6

the Northern District of California on [date] in the case of ___________ [insert formal name of

7

the case and the number and initials assigned to it by the court]. I agree to comply with and

8

to be bound by all the terms of this Stipulated Protective Order and I understand and

9

acknowledge that failure to so comply could expose me to sanctions and punishment in the

10

nature of contempt. I solemnly promise that I will not disclose in any manner any information or

11

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

12

compliance with the provisions of this Order.

13

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

14

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

15

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

16

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

17

_______________________________________ [print or type full address and telephone

18

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

19

proceedings related to enforcement of this Stipulated Protective Order.

20
21

Date: ______________________________________

22

City and State where sworn and signed: _________________________________

23
24

Printed name: _______________________________

25
26

Signature: __________________________________

27
28
T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

- 13 -

STIPULATED PROTECTIVE ORDER
CASE NO. 5:17-CV-04082-BLF

1

CERTIFICATE OF CM/ECF SERVICE

2

The undersigned hereby certifies that a true and correct copy of the above and foregoing

3

document has been served on March 30, 2018, to all counsel of record who are deemed to have

4

consented to electronic service via the Court’s CM/ECF system per Civil L.R. 5-1. Any counsel

5

of record who have not consented to electronic service through the Court’s CM/ECF system will

6

be served by electronic mail, first class mail, facsimile, and/or overnight delivery.

7
/s/ Chad R. Fuller
Chad R. Fuller

8
9
10
11

SIGNATURE ATTESTATION
Pursuant to Civil L.R. 5-1(i)(3), I attest that concurrence in the filing of the document has

12

been obtained from Elliot W. Gale, counsel for Plaintiff, and Benjamin C. Lee, counsel for

13

Experian Information Solutions, Inc., which shall serve in lieu of their signatures on the

14

document.

15
/s/ Chad R. Fuller
Chad R. Fuller

16
17
18
19
20
21
22
23
24
25
26
27
28
T ROU T MA N S ANDE RS LLP
11682 EL CAMINO REAL
SUITE 400
SAN DIEGO, CA 92130-2092

34638556v1

- 14 -

CERTIFICATE OF SERVICE
CASE NO. 5:17-CV-04082-BLF