Erin C. Jones v. Pennsylvania Higher Education Assistance Agency et al, No. 2:2016cv00107 - Document 33 (C.D. Cal. 2016)

Court Description: ORDER GRANTING STIPULATED PROTECTIVE by Magistrate Judge Alexander F. MacKinnon. re Stipulation for Protective Order 32 (sbou)

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Erin C. Jones v. Pennsylvania Higher Education Assistance Agency et al 1 Doc. 33 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 650 TOWN CENTER DRIVE, SUITE 1200 COSTA MESA, CALIFORNIA 92626-1925 TELEPHONE (714) 668-2400 FACSIMILE (714) 668-2490 2 3 Donald E. Bradley (State Bar No. 145037) d.bradley@mpglaw.com 4 5 Attorneys for Defendants PENNSYLVANIA HIGHER 6 EDUCATION ASSISTANCE AGENCY and TRANS UNION LLC 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 12 ERIN C. JONES, Case No. 2:16-cv-00107 RSWL (AFMx) 13 Hon. Ronald S. W. Lew, Courtroom 21 Plaintiff, 14 vs. 15 16 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE 17 AGENCY; EQUIFAX 18 INFORMATION SERVICES, LLC; EXPERIAN INFORMATION 19 SOLUTIONS, INC.; TRANS UNION, 20 LLC; and DOES 1 to 10, inclusive, 21 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER Defendants. 22 23 24 1. A. 25 Discovery in this action is likely to involve production of confidential, PURPOSES AND LIMITATIONS 26 proprietary or private information for which special protection from public 27 disclosure and from use for any purpose other than prosecuting this litigation may 28 1006815.1 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER Dockets.Justia.com 1 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 2 enter the following Stipulated Protective Order. The parties acknowledge that this 3 Order does not confer blanket protections on all disclosures or responses to 4 discovery and that the protection it affords from public disclosure and use extends 5 only to the limited information or items that are entitled to confidential treatment 6 under the applicable legal principles. 7 B. 8 This action is likely to involve personal and private consumer identification, GOOD CAUSE STATEMENT 9 medical, and other information, trade secrets, and other valuable research, 10 development, commercial, financial, technical and/or proprietary information for 11 which special protection from public disclosure and from use for any purpose other 12 than prosecution of this action is warranted. Such confidential and proprietary 13 materials and information consist of, among other things, confidential business or 14 financial information, information regarding confidential business practices, or other 15 confidential research, development, or commercial information (including 16 information implicating privacy rights of third parties), information otherwise 17 generally unavailable to the public, or which may be privileged or otherwise 18 protected from disclosure under state or federal statutes, court rules, case decisions, 19 or common law. Accordingly, to expedite the flow of information, to facilitate the 20 prompt resolution of disputes over confidentiality of discovery materials, to 21 adequately protect information the parties are entitled to keep confidential, to ensure 22 that the parties are permitted reasonable necessary uses of such material in 23 preparation for and in the conduct of trial, to address their handling at the end of the 24 litigation, and serve the ends of justice, a protective order for such information is 25 justified in this matter. It is the intent of the parties that information will not be 26 designated as confidential for tactical reasons and that nothing be so designated 27 without a good faith belief that it has been maintained in a confidential, non-public 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 2 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 manner, and there is good cause why it should not be part of the public record of this 2 case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 4 The parties further acknowledge, as set forth in Section 12.3, below, that this 5 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 8 and the standards that will be applied when a party seeks permission from the court 9 to file material under seal. There is a strong presumption that the public has a right of access to judicial 10 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 14 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 15 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 16 require good cause showing), and a specific showing of good cause or compelling 17 reasons with proper evidentiary support and legal justification, must be made with 18 respect to Protected Material that a party seeks to file under seal. The parties’ mere 19 designation of Disclosure or Discovery Material as CONFIDENTIAL does not – 20 without the submission of competent evidence by declaration, establishing that the 21 material sought to be filed under seal qualifies as confidential, privileged, or 22 otherwise protectable – constitute good cause. Further, if a party requests sealing related to a dispositive motion or trial, then 23 24 compelling reasons, not only good cause, for the sealing must be shown, and the 25 relief sought shall be narrowly tailored to serve the specific interest to be protected. 26 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For 27 each item or type of information, document, or thing sought to be filed or introduced 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 3 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 under seal in connection with a dispositive motion or trial, the party seeking 2 protection must articulate compelling reasons, supported by specific facts and legal 3 justification, for the requested sealing order. Again, competent evidence supporting 4 the application to file documents under seal must be provided by declaration. 5 Any document that is not confidential, privileged, or otherwise protectable in 6 its entirety will not be filed under seal if the confidential portions can be redacted. 7 If documents can be redacted, then a redacted version for public viewing, omitting 8 only the confidential, privileged, or otherwise protectable portions of the document, 9 shall be filed. Any application that seeks to file documents under seal in their 10 entirety should include an explanation of why redaction is not feasible. 11 2. DEFINITIONS 12 2.1 Action: this pending federal lawsuit. 13 2.2 Challenging Party: a Party or Non-Party that challenges the designation 14 of information or items under this Order. 2.3 15 “CONFIDENTIAL” Information or Items: information (regardless of 16 how it is generated, stored or maintained) or tangible things that qualify for 17 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 18 the Good Cause Statement. 2.4 19 Counsel: Outside Counsel of Record and House Counsel (as well as 20 their support staff). 2.5 21 Designating Party: a Party or Non-Party that designates information or 22 items that it produces in disclosures or in responses to discovery as 23 “CONFIDENTIAL.” 2.6 24 Disclosure or Discovery Material: all items or information, regardless 25 of the medium or manner in which it is generated, stored, or maintained (including, 26 among other things, testimony, transcripts, and tangible things), that are produced or 27 generated in disclosures or responses to discovery in this matter. 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 4 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 2.7 Expert: a person with specialized knowledge or experience in a matter 2 pertinent to the litigation who has been retained by a Party or its counsel to serve as 3 an expert witness or as a consultant in this Action. 4 2.8 5 House Counsel: attorneys who are employees of a party to this Action. 6 House Counsel does not include Outside Counsel of Record or any other outside 7 counsel. 2.9 8 Non-Party: any natural person, partnership, corporation, association or 9 other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a 10 11 party to this Action but are retained to represent or advise a party to this Action and 12 have appeared in this Action on behalf of that party or are affiliated with a law firm 13 that has appeared on behalf of that party, and includes support staff. 2.11 Party: any party to this Action, including all of its officers, directors, 14 15 employees, consultants, retained experts, and Outside Counsel of Record (and their 16 support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 17 18 Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation 19 20 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 21 demonstrations, and organizing, storing, or retrieving data in any form or medium) 22 and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is 23 24 designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery 25 26 Material from a Producing Party. 27 3. SCOPE 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 5 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 The protections conferred by this Stipulation and Order cover not only 2 Protected Material (as defined above), but also (1) any information copied or 3 extracted from Protected Material; (2) all copies, excerpts, summaries, or 4 compilations of Protected Material; and (3) any testimony, conversations, or 5 presentations by Parties or their Counsel that might reveal Protected Material. 6 Any use of Protected Material at trial shall be governed by the orders of the 7 trial judge. This Order does not govern the use of Protected Material at trial. 8 4. DURATION 9 Once a case proceeds to trial, information that was designated as 10 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 11 as an exhibit at trial becomes public and will be presumptively available to all 12 members of the public, including the press, unless compelling reasons supported by 13 specific factual findings to proceed otherwise are made to the trial judge in advance 14 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 15 showing for sealing documents produced in discovery from “compelling reasons” 16 standard when merits-related documents are part of court record). Accordingly, the 17 terms of this protective order do not extend beyond the commencement of the trial. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection under 21 this Order must take care to limit any such designation to specific material that 22 qualifies under the appropriate standards. The Designating Party must designate for 23 protection only those parts of material, documents, items or oral or written 24 communications that qualify so that other portions of the material, documents, items 25 or communications for which protection is not warranted are not swept unjustifiably 26 within the ambit of this Order. Mass, indiscriminate or routinized designations are prohibited. Designations 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 6 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 that are shown to be clearly unjustified or that have been made for an improper 2 purpose (e.g., to unnecessarily encumber the case development process or to impose 3 unnecessary expenses and burdens on other parties) may expose the Designating 4 Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it 6 designated for protection do not qualify for protection, that Designating Party must 7 promptly notify all other Parties that it is withdrawing the inapplicable designation. 8 5.2 Manner and Timing of Designations. Except as otherwise provided in 9 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 10 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 11 under this Order must be clearly so designated before the material is disclosed or 12 produced. Designation in conformity with this Order requires: 13 (a) for information in documentary form (e.g., paper or electronic 14 15 documents, but excluding transcripts of depositions or other pretrial or trial 16 proceedings), that the Producing Party affix at a minimum, the legend 17 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 18 contains protected material. If only a portion of the material on a page qualifies for 19 protection, the Producing Party also must clearly identify the protected portion(s) 20 (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents available for inspection 21 22 need not designate them for protection until after the inspecting Party has indicated 23 which documents it would like copied and produced. During the inspection and 24 before the designation, all of the material made available for inspection shall be 25 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 26 documents it wants copied and produced, the Producing Party must determine which 27 documents, or portions thereof, qualify for protection under this Order. Then, 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 7 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 before producing the specified documents, the Producing Party must affix the 2 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 3 portion of the material on a page qualifies for protection, the Producing Party also 4 must clearly identify the protected portion(s) (e.g., by making appropriate markings 5 in the margins). 6 (b) for testimony given in depositions that the Designating Party 7 identifies the Disclosure or Discovery Material on the record, before the close of the 8 deposition all protected testimony. 9 (c) for information produced in some form other than documentary and 10 for any other tangible items, that the Producing Party affix in a prominent place on 11 the exterior of the container or containers in which the information is stored the 12 legend “CONFIDENTIAL.” If only a portion or portions of the information 13 warrants protection, the Producing Party, to the extent practicable, shall identify the 14 protected portion(s). 15 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 16 failure to designate qualified information or items does not, standing alone, waive 17 the Designating Party’s right to secure protection under this Order for such material. 18 Upon timely correction of a designation, the Receiving Party must make reasonable 19 efforts to assure that the material is treated in accordance with the provisions of this 20 Order. 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 22 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 23 designation of confidentiality at any time that is consistent with the Court’s 24 Scheduling Order. 6.2 25 Meet and Confer. The Challenging Party shall initiate the dispute 26 resolution process under Local Rule 37-1 et seq. 6.3 27 Joint Stipulation. Any challenge submitted to the Court shall be via a 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 8 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 joint stipulation pursuant to Local Rule 37-2. 2 6.4 The burden of persuasion in any such challenge proceeding shall be on 3 the Designating Party. Frivolous challenges, and those made for an improper 4 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 5 parties) may expose the Challenging Party to sanctions. Unless the Designating 6 Party has waived or withdrawn the confidentiality designation, all parties shall 7 continue to afford the material in question the level of protection to which it is 8 entitled under the Producing Party’s designation until the Court rules on the 9 challenge. 10 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1 Basic Principles. A Receiving Party may use Protected Material that is 12 disclosed or produced by another Party or by a Non-Party in connection with this 13 Action only for prosecuting, defending or attempting to settle this Action. Such 14 Protected Material may be disclosed only to the categories of persons and under the 15 conditions described in this Order. When the Action has been terminated, a 16 Receiving Party must comply with the provisions of section 13 below (FINAL 17 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a 18 19 location and in a secure manner that ensures that access is limited to the persons 20 authorized under this Order. 7.2 21 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 Receiving Party may disclose any information or item designated 24 “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as 25 26 well as employees of said Outside Counsel of Record to whom it is reasonably 27 necessary to disclose the information for this Action; 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 9 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 (b) the officers, directors, and employees (including House Counsel) of 2 the Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or 12 a custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses, and attorneys for witnesses, in 14 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 15 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 16 they will not be permitted to keep any confidential information unless they sign the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material may 20 be separately bound by the court reporter and may not be disclosed to anyone except 21 as permitted under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting 23 personnel, mutually agreed upon by any of the parties engaged in settlement 24 discussions. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 26 IN OTHER LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 10 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 that compels disclosure of any information or items designated in this Action as 2 “CONFIDENTIAL,” that Party must: 3 (a) promptly notify in writing the Designating Party. Such notification 4 shall include a copy of the subpoena or court order; 5 (b) promptly notify in writing the party who caused the subpoena or 6 order to issue in the other litigation that some or all of the material covered by the 7 subpoena or order is subject to this Protective Order. Such notification shall include 8 a copy of this Stipulated Protective Order; and 9 (c) cooperate with respect to all reasonable procedures sought to be 10 pursued by the Designating Party whose Protected Material may be affected. 11 If the Designating Party timely seeks a protective order, the Party served with 12 the subpoena or court order shall not produce any information designated in this 13 action as “CONFIDENTIAL” before a determination by the court from which the 14 subpoena or order issued, unless the Party has obtained the Designating Party’s 15 permission. The Designating Party shall bear the burden and expense of seeking 16 protection in that court of its confidential material and nothing in these provisions 17 should be construed as authorizing or encouraging a Receiving Party in this Action 18 to disobey a lawful directive from another court. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a 21 22 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 23 produced by Non-Parties in connection with this litigation is protected by the 24 remedies and relief provided by this Order. Nothing in these provisions should be 25 construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to 26 27 produce a Non-Party’s confidential information in its possession, and the Party is 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 11 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 subject to an agreement with the Non-Party not to produce the Non-Party’s 2 confidential information, then the Party shall: 3 (1) promptly notify in writing the Requesting Party and the Non- 4 Party that some or all of the information requested is subject to a 5 confidentiality agreement with a Non-Party; 6 (2) promptly provide the Non-Party with a copy of the stipulated 7 Protective Order in this Action, the relevant discovery request(s), 8 and a reasonably specific description of the information 9 requested; and 10 (3) make the information requested available for inspection by 11 the Non-Party, if requested. 12 (c) If the Non-Party fails to seek a protective order from this court 13 within 14 days of receiving the notice and accompanying information, the Receiving 14 Party may produce the Non-Party’s confidential information responsive to the 15 discovery request. If the Non-Party timely seeks a protective order, the Receiving 16 Party shall not produce any information in its possession or control that is subject to 17 the confidentiality agreement with the Non-Party before a determination by the 18 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 19 expense of seeking protection in this court of its Protected Material. 20 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 21 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 22 Protected Material to any person or in any circumstance not authorized under this 23 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 24 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 25 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 26 persons to whom unauthorized disclosures were made of all the terms of this Order, 27 and (d) request such person or persons to execute the “Acknowledgment and 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 12 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 Agreement to Be Bound” that is attached hereto as Exhibit A. 2 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 3 PROTECTED MATERIAL 4 When a Producing Party gives notice to Receiving Parties that certain 5 inadvertently produced material is subject to a claim of privilege or other protection, 6 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 7 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 8 procedure may be established in an e-discovery order that provides for production 9 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 10 (e), insofar as the parties reach an agreement on the effect of disclosure of a 11 communication or information covered by the attorney-client privilege or work 12 product protection, the parties may incorporate their agreement in the stipulated 13 protective order submitted to the court. 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 16 person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 18 Protective Order, no Party waives any right it otherwise would have to object to 19 disclosing or producing any information or item on any ground not addressed in this 20 Stipulated Protective Order. Similarly, no Party waives any right to object on any 21 ground to use in evidence of any of the material covered by this Protective Order. 12.3 Filing Protected Material. A Party that seeks to file under seal any 22 23 Protected Material must comply with Local Civil Rule 79-5. Protected Material 24 may only be filed under seal pursuant to a court order authorizing the sealing of the 25 specific Protected Material at issue. If a Party’s request to file Protected Material 26 under seal is denied by the court, then the Receiving Party may file the information 27 in the public record unless otherwise instructed by the court. 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 13 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 60 3 days of a written request by the Designating Party, each Receiving Party must return 4 all Protected Material to the Producing Party or destroy such material. As used in 5 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 6 summaries, and any other format reproducing or capturing any of the Protected 7 Material. Whether the Protected Material is returned or destroyed, the Receiving 8 Party must submit a written certification to the Producing Party (and, if not the same 9 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 10 (by category, where appropriate) all the Protected Material that was returned or 11 destroyed and (2) affirms that the Receiving Party has not retained any copies, 12 abstracts, compilations, summaries or any other format reproducing or capturing any 13 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 14 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 15 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 16 reports, attorney work product, and consultant and expert work product, even if such 17 materials contain Protected Material. Any such archival copies that contain or 18 constitute Protected Material remain subject to this Protective Order as set forth in 19 Section 4 (DURATION). 20 14. VIOLATION 21 Any violation of this Order may be punished by appropriate measures 22 including, without limitation, contempt proceedings and/or monetary sanctions. 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 25 26 DATED: August 19, 2016 _______________________________ Hon. Alexander F. MacKinnon United States Magistrate Judge 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 14 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, 3 [print or type full name], of 4 __________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on ______________ [date] in the case of Erin C. 8 Jones v. Pennsylvania Higher Education Assistance Agency, Case No. 2:16-cv9 00107 RSWL (AFMx). I agree to comply with and to be bound by all the terms of 10 this Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. I further agree to submit to the 15 jurisdiction of the United States District Court for the Central District of California 16 for enforcing the terms of this Stipulated Protective Order, even if such enforcement 17 proceedings occur after termination of this action. I hereby appoint 18 _______________________ print or type full name] of 19 ______________________________________________ [print or type full address 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Stipulated 22 Protective Order. 23 Date: 24 City and State where sworn and signed: 25 Printed name: 26 Signature: 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 15 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER PROOF OF SERVICE 1 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 At the time of service, I was over 18 years of age and not a party to this 4 action. I am employed in the County of Orange, State of California. My business 5 address is 650 Town Center Drive, Suite 1200, Costa Mesa, CA 92626-1925. 6 On August 18, 2016, I served true copies of the following document(s) 7 described as [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER on the interested parties in this action as follows: 8 SEE ATTACHED SERVICE LIST 9 10 11 12 13 BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I am employed in the office 15 of a member of the bar of this Court at whose direction the service was made. 16 Executed on August 18, 2016, at Costa Mesa, California. 17 14 18 /s/ April M. Yusay April M. Yusay 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 16 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER SERVICE LIST 1 2 Stuart Price 3 PRICE LAW GROUP, APC 15760 Ventura Boulevard, Suite 800 4 Encino, CA 91436 5 Phone: (818) 907-2030 Fax: (818) 205-3730 6 Email: Stuart@PriceLawGroup.com 7 Attorneys for Plaintiff Katherine A. Neben JONES DAY 3161 Michelson Drive, Suite 800 Irvine, CA 92612 Phone: (949) 851-3939 Fax: (949) 553-7539 Email: kneben@jonesday.com Attorneys for Defendant Experian Information Solutions, Inc. 8 9 10 11 12 13 14 Thomas P. Quinn, Jr. NOKES AND QUINN 410 Broadway, Suite 200 Laguna Beach, CA 92651 Phone: (949) 376-3500 Fax: (949) 376-3070 Email: tquinn@nokesquinn.com Attorneys for Defendant Equifax Information Services, LLC Paul W. Sheldon STRASBURGER & PRICE, LLP 2801 Network Boulevard, Suite 600 Frisco, TX 75034 Phone: (469) 287-3955 Fax: (469) 227-6574 Email: Paul.Sheldon@strasburger.com Attorneys for Defendant Trans Union LLC 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW 1006815.1 17 [PROPOSED] ORDER GRANTING STIPULATED PROTECTIVE ORDER

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