Alma Sanchez v. Wells Fargo Bank, National Association

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP THOMAS R. KAUFMAN, Cal. Bar No. 177936 2 tkaufman@sheppardmullin.com PAUL BERKOWITZ, Cal. Bar No. 251077 3 pberkowitz@sheppardmullin.com MICHAELA R. GOLDSTEIN, Cal. Bar No. 316455 4 mgoldstein@sheppardmullin.com 1901 Avenue of the Stars, Suite 1600 5 Los Angeles, California 90067 Telephone: 310.228.3700 6 Facsimile: 310.228.3701 7 Attorneys for Defendant WELLS FARGO BANK, N.A. [8] 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA [11] 12 Case No. 2:19-cv-06837-JFW-MAA ALMA SANCHEZ, individually, [13] Plaintiff, 14 STIPULATED PROTECTIVE ORDER vs. [15] WELLS FARGO BANK, NATIONAL 16 ASSOCIATION; and DOES 1 through 25, inclusive, 17 [Complaint filed: June 27, 2019] Defendants. [27] 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. 5 Accordingly, the parties hereby stipulate to and petition the Court to enter the 6 following Stipulated Protective Order. The parties acknowledge that this Order does 7 not confer blanket protections on all disclosures or responses to discovery and that 8 the protection it affords from public disclosure and use extends only to the limited 9 information or items that are entitled to confidential treatment under the applicable 10 legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 11 that this Stipulated Protective Order does not entitle them to file confidential 12 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be 13 followed and the standards that will be applied when a party seeks permission from 14 the court to file material under seal. 15 2. GOOD CAUSE STATEMENT 16 Good cause exists for a Protective Order because both Plaintiff and Defendant’s 17 document productions may disclose information relating to (1) private bank customer 18 information, such as account numbers and photographs of bank customers; (2) 19 Plaintiff’s Personally Identifiable Information (“PII”); (3) the PII of non-party 20 employees of Defendant; (4) the confidential business practices of Defendant, which 21 Defendant safeguards as a means to ensure competitiveness in the financial industry; 22 and (5) Defendant’s confidential investigation practices relating to lost, misplaced, 23 and stolen monies. See Harmon v. City of Santa Clara, 323 F.R.D. 617 , 623 (N.D. 24 Cal. 2018 ) (identifying privacy interests, among others when considering existence of 25 good cause); Nutratech, Inc. v. Syntech (SSPF) Int’l, Inc., 242 F.R.D. 552, 554 (C.D. 26 Cal. 2007 ) (recognizing trade secrets and confidential business information as 27 legitimate categories of information subject to protection). 1 3. DEFINITIONS 2 3.1 Action: The case Alma Sanchez v. Wells Fargo, Case No. 2:19-cv3 06837-JFW-MAA, filed in Los Angeles Superior Court on June 27, 2019. 4 3.2 Challenging Party: a Party or Non-Party that challenges the designation 5 of information or items under this Order. 6 3.3 “CONFIDENTIAL” Information or Items: information (regardless of 7 how it is generated, stored or maintained) or tangible things that qualify for protection 8 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 9 Cause Statement. 10 3.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 11 support staff). 12 3.5 Designating Party: a Party or Non-Party that designates information or 13 items that it produces in disclosures or in responses to discovery as 14 “CONFIDENTIAL.” 15 3.6 Disclosure or Discovery Material: all items or information, regardless of 16 the medium or manner in which it is generated, stored, or maintained (including, 17 among other things, testimony, transcripts, and tangible things), that are produced or 18 generated in disclosures or responses to discovery in this matter. 19 3.7 Expert: a person with specialized knowledge or experience in a matter 20 pertinent to the litigation who has been retained by a Party or its counsel to serve as 21 an expert witness or as a consultant in this Action. 22 3.8 House Counsel: attorneys who are employees of a party to this Action. 23 House Counsel does not include Outside Counsel of Record or any other outside 24 counsel. 25 3.9 Non-Party: any natural person, partnership, corporation, association, or 26 other legal entity not named as a Party to this action. 27 3.10 Outside Counsel of Record: attorneys who are not employees of a party 1 appeared in this Action on behalf of that party or are affiliated with a law firm which 2 has appeared on behalf of that party, and includes support staff. 3 3.11 Party: any party to this Action, including all of its officers, directors, 4 employees, consultants, retained experts, and Outside Counsel of Record (and their 5 support staffs). 6 3.12 Producing Party: a Party or Non-Party that produces Disclosure or 7 Discovery Material in this Action. 8 3.13 Professional Vendors: persons or entities that provide litigation support 9 services (e.g., photocopying, videotaping, translating, preparing exhibits or 10 demonstrations, and organizing, storing, or retrieving data in any form or medium) 11 and their employees and subcontractors. 12 3.14 Protected Material: any Disclosure or Discovery Material that is 13 designated as “CONFIDENTIAL.” 14 3.15 Receiving Party: a Party that receives Disclosure or Discovery Material 15 from a Producing Party. 16 4. SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or extracted 19 from Protected Material; (2) all copies, excerpts, summaries, or compilations of 20 Protected Material; and (3) any testimony, conversations, or presentations by Parties 21 or their Counsel that might reveal Protected Material. 22 Any use of Protected Material at trial shall be governed by the orders of the 23 trial judge. This Order does not govern the use of Protected Material at trial. 24 5. DURATION 25 Even after final disposition of this litigation, the confidentiality obligations 26 imposed by this Order shall remain in effect until a Designating Party agrees 27 otherwise in writing or a court order otherwise directs. Final disposition shall be 1 or without prejudice; and (2) final judgment herein after the completion and 2 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 3 including the time limits for filing any motions or applications for extension of time 4 pursuant to applicable law. 5 6. DESIGNATING PROTECTED MATERIAL 6 6.1 Exercise of Restraint and Care in Designating Material for Protection. 7 Each Party or Non-Party that designates information or items for protection under this 8 Order must take care to limit any such designation to specific material that qualifies 9 under the appropriate standards. The Designating Party must designate for protection 10 only those parts of material, documents, items, or oral or written communications that 11 qualify so that other portions of the material, documents, items, or 12 communications for which protection is not warranted are not swept unjustifiably 13 within the ambit of this Order. 14 Mass, indiscriminate, or routinized designations are prohibited. Designations 15 that are shown to be clearly unjustified or that have been made for an improper 16 purpose (e.g., to unnecessarily encumber the case development process or to impose 17 unnecessary expenses and burdens on other parties) may expose the Designating Party 18 to sanctions. 19 If it comes to a Designating Party’s attention that information or items that it 20 designated for protection do not qualify for protection, that Designating Party must 21 promptly notify all other Parties that it is withdrawing the inapplicable designation. 22 6.2 Manner and Timing of Designations. Except as otherwise provided in 23 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 24 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 25 under this Order must be clearly so designated before the material is disclosed or 26 produced. 27 6.3 Designation in conformity with this Order requires: 1 (a) for information in documentary form (e.g., paper or electronic 2 documents, but excluding transcripts of depositions or other pretrial or trial 3 proceedings), that the Producing Party affix at a minimum, the legend 4 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 5 contains protected material. If only a portion or portions of the material on a page 6 qualifies for protection, the Producing Party also must clearly identify the protected 7 portion(s) (e.g., by making appropriate markings in the margins). 8 A Party or Non-Party that makes original documents available for inspection 9 need not designate them for protection until after the inspecting Party has indicated 10 which documents it would like copied and produced. During the inspection and before 11 the designation, all of the material made available for inspection shall be deemed 12 “CONFIDENTIAL.” After the inspecting Party has identified the documents it 13 wants copied and produced, the Producing Party must determine which documents, 14 or portions thereof, qualify for protection under this Order. Then, before producing 15 the specified documents, the Producing Party must affix the “CONFIDENTIAL 16 legend” to each page that contains Protected Material. If only a portion or portions of 17 the material on a page qualifies for protection, the Producing Party also must clearly 18 identify the protected portion(s) (e.g., by making appropriate markings in the 19 margins). 20 (b) for testimony given in depositions that the Designating Party identify the 21 Disclosure or Discovery Material on the record, before the close of the deposition all 22 protected testimony. 23 (c) for information produced in some form other than documentary and for 24 any other tangible items, that the Producing Party affix in a prominent place on the 25 exterior of the container or containers in which the information is stored the legend 26 “CONFIDENTIAL.” If only a portion or portions of the information warrants 27 protection, the Producing Party, to the extent practicable, shall identify the protected 1 6.4 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive the 3 Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 7.1 Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 Scheduling Order. 11 7.2 Meet and Confer. The Challenging Party shall initiate the dispute 12 resolution process under Local Rule 37.1 et seq. 13 7.3 The burden of persuasion in any such challenge proceeding shall be on 14 the Designating Party. Frivolous challenges, and those made for an improper purpose 15 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 16 expose the Challenging Party to sanctions. Unless the Designating Party has waived 17 or withdrawn the confidentiality designation, all parties shall continue to afford the 18 material in question the level of protection to which it is entitled under the Producing 19 Party’s designation until the Court rules on the challenge. 20 8. ACCESS TO AND USE OF PROTECTED MATERIAL 21 8.1 Basic Principles. A Receiving Party may use Protected Material that is 22 disclosed or produced by another Party or by a Non-Party in connection with this 23 Action only for prosecuting, defending, or attempting to settle this Action. Such 24 Protected Material may be disclosed only to the categories of persons and under the 25 conditions described in this Order. When the Action has been terminated, a Receiving 26 Party must comply with the provisions of section 13 below (FINAL DISPOSITION). [27] 1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 otherwise ordered by the court or permitted in writing by the Designating Party, a 6 Receiving Party may disclose any information or item designated 7 “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this Action, 9 as well as employees of said Outside Counsel of Record to whom it is reasonably 10 necessary to disclose the information for this Action; 11 (b) the officers, directors, and employees (including House Counsel) 12 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, mock jurors, and 19 Professional Vendors to whom disclosure is reasonably necessary for this Action and 20 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information 22 or a custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses ,and attorneys for witnesses, in 24 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 25 party requests that the witness sign the form attached as Exhibit A hereto; and (2) they 26 will not be permitted to keep any confidential information unless they sign the 27 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 1 deposition testimony or exhibits to depositions that reveal Protected Material may be 2 separately bound by the court reporter and may not be disclosed to anyone except as 3 permitted under this Stipulated Protective Order; and 4 (i) any mediator or settlement officer, and their supporting personnel, 5 mutually agreed upon by any of the parties engaged in settlement discussions. 6 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 IN OTHER LITIGATION 8 If a Party is served with a subpoena or a court order issued in other litigation 9 that compels disclosure of any information or items designated in this Action as 10 “CONFIDENTIAL,” that Party must: 11 (a) promptly notify in writing the Designating Party. Such 12 notification shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or 14 order to issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. Such notification shall include 16 a copy of this Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be 18 pursued by the Designating Party whose Protected Material may be affected. 19 (d) If the Designating Party timely seeks a protective order, the Party 20 served with the subpoena or court order shall not produce any information designated 21 in this action as “CONFIDENTIAL” before a determination by the court from which 22 the subpoena or order issued, unless the Party has obtained the Designating Party’s 23 permission. The Designating Party shall bear the burden and expense of seeking 24 protection in that court of its confidential material and nothing in these provisions 25 should be construed as authorizing or encouraging a Receiving Party in this Action to 26 disobey a lawful directive from another court. [27] 1 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by 4 a Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 5 produced by Non-Parties in connection with this litigation is protected by the 6 remedies and relief provided by this Order. Nothing in these provisions should be 7 construed as prohibiting a Non-Party from seeking additional protections. 8 (b) In the event that a Party is required, by a valid discovery request, 9 to produce a Non-Party’s confidential information in its possession, and the Party is 10 subject to an agreement with the Non-Party not to produce the Non-Party’s 11 confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the 13 Non-Party that some or all of the information requested is subject to a confidentiality 14 agreement with a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the 16 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 17 reasonably specific description of the information requested; and 18 (c) make the information requested available for inspection by the 19 Non-Party, if requested. If the Non-Party fails to seek a protective order from this 20 court within 14 days of receiving the notice and accompanying information, the 21 Receiving Party may produce the Non-Party’s confidential information responsive to 22 the discovery request. If the Non-Party timely seeks a protective order, the Receiving 23 Party shall not produce any information in its possession or control that is subject to 24 the confidentiality agreement with the Non-Party before a determination by the court. 25 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 26 of seeking protection in this court of its Protected Material. [27] 1 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain 13 inadvertently produced material is subject to a claim of privilege or other protection, 14 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 15 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 16 may be established in an e-discovery order that provides for production without prior 17 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 18 parties reach an agreement on the effect of disclosure of a communication or 19 information covered by the attorney-client privilege or work product protection, the 20 parties may incorporate their agreement in the stipulated protective order submitted 21 to the court. 22 13. MISCELLANEOUS 23 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 24 person to seek its modification by the Court in the future. 25 13.2 Right to Assert Other Objections. By stipulating to the entry of this 26 Protective Order no Party waives any right it otherwise would have to object to 27 disclosing or producing any information or item on any ground not addressed in this 1 Stipulated Protective Order. Similarly, no Party waives any right to object on any 2 ground to use in evidence of any of the material covered by this Protective Order. 3 13.3 Filing Protected Material. A Party that seeks to file under seal any 4 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 5 only be filed under seal pursuant to a court order authorizing the sealing of the specific 6 Protected Material at issue. If a Party’s request to file Protected Material under seal is 7 denied by the court, then the Receiving Party may file the information in the public 8 record unless otherwise instructed by the court. 9 14. FINAL DISPOSITION 10 After the final disposition of this Action, as defined in paragraph 4, within 60 11 days of a written request by the Designating Party, each Receiving Party must return 12 all Protected Material to the Producing Party or destroy such material. As used in this 13 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 14 summaries, and any other format reproducing or capturing any of the Protected 15 Material. Whether the Protected Material is returned or destroyed, the Receiving Party 16 must submit a written certification to the Producing Party (and, if not the same person 17 or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by 18 category, where appropriate) all the Protected Material that was returned or destroyed 19 and (2)affirms that the Receiving Party has not retained any copies, abstracts, 20 compilations, summaries or any other format reproducing or capturing any of the 21 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an 22 archival copy of all pleadings, motion papers, trial, deposition, and hearing 23 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 24 reports, attorney work product, and consultant and expert work product, even if such 25 materials contain Protected Material. Any such archival copies that contain or 26 constitute Protected Material remain subject to this Protective Order as set forth in 27 Section 4 (DURATION). 1|}15. Any violation of this Order may be punished by any and all appropriate 2||measures including, without limitation, contempt proceedings and/or monetary 3 || sanctions. [4] 5 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. [6] 7 ||Dated: September 18, 2019 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 8 By /s/ Michaela Goldstein 9 THOMAS R. KAUFMAN 10 PAUL BERKOWITZ MICHAELA R. GOLDSTEIN 11 Attorneys for Defendant 12 WELLS FARGO BANK, N.A. [13] 4 Dated: September 18, 2019 JAURIGUE LAW GROUP 15 By /s/ Michael Jaurigue MICHAEL JAURIGUE 16 Attorney for Plaintiff 17 ALMA SANCHEZ [20] 21 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [22] 23 DATED: October 2, 2019 24 . [25] 26 Hono aria A. Audero 27 United States Magistrate Judge [28] 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 5 that I have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 _____________ [date] in the case of Alma Sanchez v. Wells Fargo, Case No. 2:198 cv-06837-JFW-MAA. I agree to comply with and to be bound by all the terms of this 9 Stipulated Protective Order and I understand and acknowledge that failure to so 10 comply could expose me to sanctions and punishment in the nature of contempt. I 11 solemnly promise that I will not disclose in any manner any information or item that 12 is subject to this Stipulated Protective Order to any person or entity except in strict 13 compliance with the provisions of this Order. 14 I further agree to submit to the jurisdiction of the United States District Court for the 15 Central District of California for the purpose of enforcing the terms of this Stipulated 16 Protective Order, even if such enforcement proceedings occur after termination of this 17 action. I hereby appoint [print or type full name] of 18 [print or type full address and telephone number] as my California agent for 19 service of process in connection with this action or any proceedings related to 20 enforcement of this Stipulated Protective Order. 21 Date: 22 City and State where sworn and signed: 23 Printed name: 24 Signature: