Lee Vang v. Experian Information Solutions Inc
Filing
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PROTECTIVE ORDER by Magistrate Judge Ralph Zarefsky re Stipulation for Protective Order 27 . (Note: Changes have been made to the proposed order). (ib)
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Eric J. Hardeman (SBN 253489)
ejhardeman@jonesday.com
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: (949) 851-3939
Facsimile: (949) 553-7539
Attorneys for Defendant
EXPERIAN INFORMATION
SOLUTIONS, INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
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Plaintiff,
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Case No. SA CV 10-1438 JAK (RZx)
LEE VANG,
v.
EXPERIAN INFORMATION
SOLUTIONS, INC.,
(PROPOSED) ORDER
GRANTING AMENDED
STIPULATION FOR
PROTECTIVE ORDER
Defendant.
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NOTE: CHANGES HAVE BEEN
MADE TO THIS DOCUMENT
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After consider the parties’ Stipulation for Protective Order, and good cause
appearing, the Court hereby orders as follows:
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1.
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all documents, testimony or information produced or given in discovery in
This Order shall govern the use, handling and disclosure of
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this action. This Order does not govern the presentation of evidence at court
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hearings or proceedings. With respect to any such hearing, the parties shall raise
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with
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the judicial officer conducting the hearing the issue of how to handle
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materials that have been designated “Confidential” or “Confidential—Attorneys’
Eyes Only” pursuant to this Order.
2.
All parties to this case shall treat as confidential, any information
designated by a party as “Confidential” or “Confidential—Attorneys’ Eyes Only”
pursuant to this order, and all transcripts and other materials that reflect or
incorporate the confidential information therein. Specifically, the parties shall
proceed as follows:
a)
Any party or non-party producing the confidential documents in this
action may designate such materials and the information contained therein subject
to this Order by typing or stamping on the front of the document, or on the
portion(s) of the document for which confidential treatment is designated,
“Confidential” or “Confidential—Attorneys’ Eyes Only.” If documents were
produced before the entry of this Order, which documents the producing party
believes should be treated as “Confidential,” then the producing party may so
designate the documents, and all receiving parties will immediately thereupon make
said documents as “Confidential” and treat them as such. The categories of
documents that may be designated as “Confidential” or “Confidential—Attorneys’
Eyes Only” under this Order are those that contain unique, confidential codes
which represent “trade secret” information as that term is defined by California
Civil Code § 3426.1, as well as other proprietary information, including Experian’s
Administrative Reports, Dispute/Response Logs, Disclosure Logs, and manuals for
reading and interpreting this information, which Experian has created after
considerable investment in research and development, and which could be used not
only to thwart the measures Experian’s system has in place to detect identity theft,
but also to “reverse-engineer” Experian’s computerized credit-reporting system.
Other additional categories of documents that may be designated as “Confidential”
pursuant to this Order are documents contain Plaintiff’s social security number,
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address, telephone number, credit history, and other identifying information, which
likewise could be used to commit identity theft.
b)
the Court contain information and/or documents that have been designated as
“Confidential” or “Confidential—Attorneys’ Eyes Only,” the proposed filing shall
be accompanied by an application to file the papers or the portion thereof
containing the designated information or documents (if such portion is segregable)
under seal; and the application shall be directed to the judge to whom the papers are
directed. For motions, the parties shall publicly file a redacted version of the
motion and supporting papers.
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In accordance with Local Rule 79-5.1, if any papers to be filed with
c)
All documents, transcripts, or other materials subject to this
Order, and all information derived therefrom (including, but not limited to, all
testimony, deposition, or other materials, that refers reflects or otherwise discusses
any information designated “Confidential” or “Confidential—Attorneys’ Eyes
Only” hereunder), shall not be used, directly or indirectly, by any person, for any
business, commercial or competitive purposes or for any purpose whatsoever other
than solely for the preparation and trial of this action in accordance with the
provisions of this Order. With respect to any court hearing or proceeding, the
parties shall raise with the judicial officer conducting the hearing the issue of how
to handle materials that have been designated “Confidential” pursuant to this Order.
d)
Except with the prior written consent of the individual or entity
asserting confidential treatment, or pursuant to prior Order after notice, any
document, transcript or pleading marked as “Confidential” under this Order, and
any information contained in, or derived from any such materials (including, but
not limited to, all testimony, deposition or otherwise, that refers, reflects or
otherwise discusses any information designated confidential hereunder), may not be
disclosed other than in accordance with this Order and may not be disclosed to any
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person other than: (i) the Court and its officers; (ii) parties to this litigation; (iii)
counsel for the parties, whether retained counsel or in-house counsel and employees
of counsel assigned to assist such counsel in the preparation of this litigation; (iv)
fact witnesses subject to a proffer to the Court or a stipulation of the parties that
such witnesses need to know such information; (v) present or former employees of
the producing party in connection with their depositions in this action (provided
that no former employees shall be shown documents prepared after the date of his
or her departure); and (vi) experts and trial consultants, and any employees assigned
to assist any such experts. With respect to any court hearing or proceeding, the
parties shall raise with the judicial officer conducting the hearing the issue of how
to handle materials that have been designated “Confidential” pursuant to this Order.
e)
Except with the prior written consent of the individual or entity
asserting confidential treatment, or pursuant to prior Order after notice, any
document, transcript or pleading marked as “Confidential - Attorney’s Eyes Only”
under this Order, and any information contained in, or derived from any such
materials (including but not limited to, all deposition testimony that refers, reflects
or otherwise discusses any information designated confidential hereunder), may not
be disclosed other than in accordance with this Order. The information contained
in these materials include highly secretive trade information that may not be
disclosed other than in accordance with this Order, and may not be disclosed to any
person other than: (i) the receiving party’s counsel of record in this action, whether
retained counsel or in-house counsel and employees of counsel assigned to assist
such counsel in the preparation of this litigation; (ii) Experts specifically retained as
experts and/or trial consultants of the receiving party, and any employees assigned
to assist any such experts; (iii) the Court and its officers; (iv) court reporters and
their staffs, to whom disclosure is reasonably necessary for this litigation, (v) the
author of the document or original source of the information. With respect to any
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court hearing or proceeding, the parties shall raise with the judicial officer
conducting the hearing the issue of how to handle materials that have been
designated “Confidential” pursuant to this Order.
f)
Disclosure of documents designated as “Confidential” or
“Confidential—Attorneys’ Eyes Only” may not be made available to any person
described under paragraph 2(d)(iv), 2(d)(vi) or 2e(ii) of this Order unless, prior to
disclosure, the intended recipient (a) is advised of the confidential nature of such
documents; (b) reads the Stipulation for Protective Order and the Order Modifying
and Granting Modified Stipulation for Protective Order; (c) agrees in writing (i) not
to disseminate or disclose such documents to any person other than those described
above in Paragraphs 2(d), and for the purposes specified; (ii) not to make any other
use of such documents; (iii) to be bound by the terms of the Stipulated Protective
Order and the Order Modifying and Granting Modified Stipulation for Protective
Order; and (d) signs the attached Declaration of Compliance. To the extent it is
reasonably necessary for such intended recipient to review documents subject to
this order for any party to pursue discovery in this case, and such intended recipient
refuses to sign the declaration of compliance, the parties shall first meet and confer
pursuant to the provisions of paragraph 6 of this order before disclosing the
documents subject to this order to any such intended recipient. If the parties cannot
reach an agreement, the party seeking to disclose the documents may then file a
motion with the Court to resolve such dispute, subject to the provisions of Local
Rule 37.
3.
Nothing in this Order shall prevent a party from using at trial, or
during depositions, any Documents, information or materials designated
“Confidential” or “Confidential—Attorneys’ Eyes Only.” In deposition, all
documents or materials designated “Confidential” may only be shown to persons
governed by this Order. To the extent any party demonstrates an appropriate basis
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to protect the confidentiality of documents designated pursuant to this Order at trial,
that party may take appropriate means to protect the confidentiality of such
document. With respect to any court hearing or proceeding, the parties shall raise
with the judicial officer conducting the hearing the issue of how to handle materials
that have been designated “Confidential” or “Confidential—Attorneys’ Eyes Only”
pursuant to this Order.
4.
This Order has been entered to facilitate discovery and the production
of relevant evidence in this action. The parties agree not to offer as evidence with
respect to any issue in this action: (a) the entry of the Stipulation for Protective
Order; or (b) the designation of, or the failure to designate any information,
document, or the like as “Confidential” or “Confidential—Attorneys’ Eyes Only.”
5.
Within sixty (60) days after the final termination of this litigation, all
documents, transcripts and other materials afforded confidential treatment pursuant
to this Order, including any extracts, summaries or compilations taken therefrom,
but excluding any materials which in the good faith judgment of counsel are work
product materials, shall be returned to the individual or entity having produced or
furnished same or destroyed. A party electing to destroy such documents shall
submit to the designating party’s counsel of record within 60 days, a certification
under penalty of perjury that all such designated documents have been destroyed
and permanently deleted from any computer system. This paragraph does not apply
to documents filed or otherwise submitted to the Court or its
officers/representatives.
6.
In the event any party believes that any specific material designated as
“Confidential” or “Confidential—Attorneys’ Eyes Only” should not be so
designated, it shall give notice to the disclosing party in writing of its intent to
challenge the designation of such material. Such notice shall be served on counsel
for the disclosing party, and shall particularly identify the material that the party
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challenging the designation is not “Confidential” or “Confidential—Attorneys’
Eyes Only.” The parties shall have fourteen (14) calendar days from receipt of the
written notice to meet and confer in an attempt to resolve any dispute over the
proper designation of such material, and they shall attempt to resolve any challenge
in good faith on an expedited and informal basis. If the parties cannot reach
agreement with fourteen (14) calendar days after receipt of the written notice of
intent to challenge the designation, the party challenging the designation may then
file a motion with the Court to resolve such dispute, subject to the provisions of
Local Rule 37. In the event that the party challenging the designation files such a
motion, the material in issue shall continue to be treated as Confidential until the
Court orders otherwise.
7.
Nothing herein shall affect or restrict the rights of any party with
respect to its own documents or to the information obtained or developed
independently of documents, transcripts and materials afforded confidential
treatment pursuant to this Order.
8.
The court retains the right to allow disclosure of any subject covered
by this stipulation or to modify this stipulation at any time in the interest of justice.
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IT IS SO ORDERED
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Dated: September 2, 2011
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Hon. Ralph Zarefsky,
United States Magistrate Judge
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EXHIBIT A
DECLARATION OF COMPLIANCE
I, _____________________________________, declare as follows:
1.
My address is
________________________________________________.
2.
My present employer is
________________________________________.
3.
My present occupation or job description is
_________________________.
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I have received a copy of the Stipulated Protective order entered in this
action on _______________, 20__.
5.
I have carefully read and understand the provisions of this Stipulated
Protective order.
6.
I will comply with all provisions of this Stipulated Protective order.
7.
I will hold in confidence, and will not disclose to anyone not qualified
under the Stipulated Protective Order, any information, documents or other
materials produced subject to this Stipulated Protective order.
8.
I will use such information, documents or other materials produced
subject to this Stipulated Protective Order only for purposes of this present action.
9.
Upon termination of this action, or upon request, I will return and
deliver all information, documents or other materials produced subject to this
Stipulated Protective order, and all documents or things which I have prepared
relating thereto, which documents are the subject of the Stipulated Protective order,
to my counsel in this action, or to counsel for the party by whom I am employed or
retained or from whom I received the documents.
10.
I hereby submit to the jurisdiction of this Court for the purposes of
enforcing the Stipulated Protective order in this Action.
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I declare under penalty of perjury under the laws of the United States that the
following is true and correct.
Executed this ____ day of _____________, 20__ at __________________.
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_______________________________
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QUALIFIED PERSON
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