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1 ALEJANDRO P. GUTIERREZ b Ti U u r( b L U
aguderrezffllhatliawavlawl'inn.com
2 HATHAWAY, PERRETT, WEBSTER, 5013 JUN ! I PH 2: 58
3 POWERS, CHRISMAN & GUTIERREZ. APC S/;OfiAHi:NrO COURTS
5450 Telegraph Road, Suite 200
4 Ventura, CA 93003
5 Telephone: 805.644.7111
Fax No.: 805.644.8296
6
O Attomeys for Plaintiff
7 JOHN BOUDREAU
> 8 KEITH A, JACOBY, BarNo. 150233
kiacobv@iiUler.com
CO 9 BRADLEY E. SCHWAN, Bar No. 246457
bschwantoiilittler.com
10 NATHANIEL H. JENKINS, Bar No. 312067
njen kinsfS' I itLier.com
11 LITTLER MENDELSON, P.C.
2049 Century Park East
12 5th Floor
Los Angeles, CA 90067.3107
13 Telephone: 310.553.0308
Fax No.: 310.553.5583
14
Attomeys for Defendant
15 PRIMERITUS FINANCIAL SERVICES, INC.
AND CHRIS MCGINNESS
16
17 SUPERIOR COURT OF CALIFORNIA
18 COUNTY OF SACRAMENTO
19 JOHN BOUDREAU, an individual, on CaseNo. 34-2018-00247272
behalf of himself and all others similarly
20 situated. STIPULATION AND [TROFO&Eiy
PROTECTIVE ORDER RE USE AND
21 Plaintiff, DISCLOSURE OF CONFIDENTIAL
INFORMATION
22
23 PRIMERITUS FINANCIAL SERVICES,
INC., A Delaware corporation; CHRIS
24 McGINNESS, an hidividual; and DOES 1
through 10, inclusive. Complaint filed: December 27,2018
25
Defendants.
26
27
28
I I I T I E R MENOELSON, P C
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONHDENTIAL INFORMATION
1 1. PURPOSES AND LIMITATIONS
2 Disclosure and discovery activity in this action involves the production of confidential,
3 proprietary, and/or private information for which special protection from public disclosure and from
4 use for any purpose other than prosecuting this litigation is warranted. Accordingly, the parties hereby
5 stipulate to and petition the Court to enter the following Stipulated Protective Order re Use and
6 Disclosure of Confidential Information ("Order"). The parties acknowledge that this Order does not
7 confer blanket protections on all disclosures or responses to discovery and that the protection it affords
8 extends only to the limited information or items that are entitled under the applicable legal principles
9 to treatment as confidential.
10 2. DEFINITIONS
11 2.1 PARTY: any party to this action, including all of its officers, directors,
12 employees, consultants, retained experts, and outside counsel (and their support staff).
13 2.2 DISCLOSURE OR DISCOVERY MATERIAL: all items or information,
14 regardless of the medium or manner generated, stored, or maintained (including, among other things,
15 testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to
16 discovery in this matter.
17 2.3 "CONFIDENTIAL" INFORMATION OR ITEMS: information
18 (regardless of how generated, stored or maintained) or tangible things reflecting confidential,
19 commercial, or personal information that counsel or any of the stipulating parties has in good faith
20 designated as "Confidential."
21 2.4 RECEIVING PARTY: a Party that receives Disclosure or Discovery Material
22 from a Producing Party.
23 2.5 PRODUCING PARTY: a Party or non-party that produces Disclosure or
24 Discovery Material in this action.
25 2.6 DESIGNATING PARTY: a Party or non-party that designates information or
26 items that it produces in disclosures or in responses to discovery as "Confidential."
27 2.7 PROTECTED MATERIAL: any Disclosure or Discovery Material that is
28 designated as "Confidential."
LITTLER MENDELSON. PC
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 2.8 OUTSIDE COUNSEL: attomeys who are not employees of a Party but who
2 represent or advise a Party in this action.
3 2.9 HOUSE COUNSEL: attomeys who are employees of a Party.
4 2.10 COUNSEL: Outside Counsel and House Counsel (as well as their support
5 staffs).
6 2.11 EXPERT: a person with specialized knowledge or experience in a matter
7 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness
8 or as a consultant in this action and who is not a past or a current employee of a Party or of a competitor
9 of a Party and who, at the time of retention, is not anticipated to become an employee of a Party or a
10 competitor of a Party. This definition includes a professional jury or trial consultant retained in
11 connection with this litigation.
12
2.12 PROFESSIONAL VENDORS: persons or entities that provide litigation
13 support services (e.g., photocopying; videotaping;ti-anslating;preparing exhibits or demonstrations;
14 organizing, storing, retrievmg data in any form or medium; etc.) and their employees and
15 subcontractors.
16 3. SCOPE
17 The protections conferred by this Stipulation and Order cover not only Protected
18 Material (as defined above), but also any information copied or extracted therefrom, as well as all
19 copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations
20 by parties or counsel to or in court, or in other settings that might reveal Protected Material.
21 4. DURATION
22 Even after the termination of this litigation, the confidentiality obligations imposed by
23 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
24 otherwise directs.
25 5. DESIGNATING PROTECTED MATERIAL
26 5.1 Exercise of Restraint and Care in Designating Material for Protection.
27 Each Party or non-party that designates information or items for protection xmder this Order must take
28 care to limit any such designation to specific material that qualifies under the appropriate standards.
' •Kfn UENDgtSON. PC 3.
3i« i s ; i J r t
STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1, A Designating Party must talce care to designate for protection only those parts of material, documents,
2 items, or oral or written communications that qualify - so that other portions of the material,
3 documents, items, or communications for which protection is not warranted are not swept unjustifiably
4 within the ambit of this Order.
5 If it comes to a Party's or a non-party's attention that information or items that it
6 designated for protection do not qualify for protection at all, or do not qualify for the level of protection
7 initially asserted, that Party or non-party must promptly notify all other parties that it is withdrawing
8 the mistaken designation.
9 5.2 Manner and Timing of Designations. Except as otherwise provided in this
10 Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order
11 must be clearly so designated before the material is disclosed or produced.
12 Designation in conformity with this Order requires:
13 (a) for inlbnnation in documentary form (apartfromtranscripts of depositions or other
14 pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL'' or to each
15 page that contains protected material. If only a portion or portions of the material on a page qualifies
16 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by malting
17 appropriate markings in the margins).
18 (b) for testimony given in deposition or in other pre-Lrial or trial proceedinus. that the
19 Party or non-party offering or sponsoring the testimony identify on the record, before the close of the
20 deposition, hearing, or other proceeding, all protected testimony. When it is impractical to identify
21 separately each portion of testimony that is entitled to protection, and when it appears that substantial
22 portions of the testimony may qualify for protection, the Party or non-party that sponsors, offers, or
23 gives the testimony may invoke on the record (before the deposition or proceeding is concluded) a
24 right to have up to 20 days after receipt of the uncorrected transcriptfromthe court reporter to identify
25 the specific portions of the testimony as to which protection is sought. Only those portions of the
26 testimony that are appropriately designated for protection within the 20 days shall be covered by the
27 provisions of this Stipulated Protective Order.
28 Transcript pages containing Protected Material must be separately bound by the court
LITTLER I^NOELSON. P C
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 reporter, who must affix to the top of each such page the legend "CONFIDENTIAL," as instructed by
2 the Party or nonparty offering or sponsoring the witness or presenting the testimony.
3 (c) for mformation produced in some form otiiertiiandocumentary, and for any other
4 tangible items, that the Producing Party affix in a prominent place ontiieexterior of the container or
5 containers in which the information or item is stored the legend "CONFIDENTIAL." If only portions
6 of the information or item warrant protection, the Producing Party, to the extent practicable, shall
7 identify the protected portions.
8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure
9 to designate qualified infonnation or items as "Confidential" does not, standing alone, waive the
10 Designating Party's right to secure protection under this Order for such material. If material is
11 appropriately designated as "Confidential" after the material was initially disclosed or produced, the
12 Receiving Party, on timely notification of the designation, must make reasonable efforts to assure that
13 the material is treated in accordance with the provisions of this Order.
14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
15 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's
16 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessaiy
17 economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive its
18 right to challenge a confidentiality designation by electing not to mount a challenge promptly after the
19 original designation is disclosed.
20 6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating
21 Party's confidentiality designation must do so in good faith and must begin the process by conferring
22 directly (in writing or voice to voice dialogue) with counsel for the Designating Party. In conferring,
23 the challenging Party must explain the basis for its belief that the confidentiality designation was not
24 proper and must give the Designating Party an opportunity to review the designated material, to
25 reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the
26 chosen designation. A challenging Party may proceed to the next stage of the challenge process only
27 ifit has engaged in this meet and confer process ffrst.
28
HITLER MENDELSON. P C 5.
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 63 Court Intervention. A Party that elects to press a challenge to a confidentiality
2 designation after considering the justification offered by the Designating Party may file and serve a
3 motion consistent with Section 10 of this Stipulated Protective Order that identifies the challenged
4 material and sets forth in detail the basis for the challenge. Each such motion must be accompanied
5 by a competent declaration that affirms that the movant has complied with the meet and confer
6 requirements imposed in the preceding paragraph and that sets forth with specificity the justification
7 for the confidentiality designation that was given by the Designating Party in the meet and confer
8 dialogue.
9 Until the Court mles on the challenge, all parties shall continue to afford the material
10 in question the level of protection to which it is entitled under the Producing Party' s designation.
11 7. ACCESS TO AND USE OF PROTECTED MATERIAL
12
7.1 Basic Principles. A Receiving Party may use Protected Material that is
13 disclosed or produced by another Party or by a non-party in connection with this case only for
14 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be
15 disclosed only to the categories of persons and under the conditions described in this Order. When
16 the litigation has been terminated, a Receiving Party must comply with the provisions of Section 11,
17 below (FINAL DISPOSITION).
18 Protected Material must be stored and maintained by a Receiving Party at a location
19 and 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
21 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose
22 any information or item designated CONFIDENTIAL only to:
23 (a) the Receiving Party's Outside Counsel of record in this action, as well as employees
24 of said Counsel to whom it is reasonably necessary to disclose the information for this litigation and
25 who have signed the "Agreement to Be Bound by Protective Order" that is attached hereto as
26 Exhibit A;
27 (b) the officers, directors, and employees of the Receiving Party to whom disclosure is
28 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by
liTllFRUEnOELSON PC
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 Protective Order" (Exhibit A);
2 (c) experts (as defined in this Order) of the Receiving Party to whom disclosure is
3 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by
4 Protective Order" (Exhibit A);
5 (d) the Court and its personnel as set forth in Section 10 below and pursuant to Rule
6 2.551 of the Califomia Rules of Court;
7 (e) court reporters, their staffs, and professional vendors to whom disclosure is
8 reasonably necessary for tiiis litigation and who have signed the "Agreement to Be Bound by
9 Protective Order" (Exhibit A);
10 (f) during their depositions, witiiesses in the action to whom disclosure is reasonably
11 necessary and who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A). Pages
12 of transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be
13 separately bound by the court reporter and may not be disclosed to anyone except as permitted under
14 this Stipulated Protective Order.
15 (g) the author of the document or the original source of the information.
16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
17 LITIGATION
18 If a Receiving Party is served with a subpoena or an order issued in other litigation that
19 would compel disclosure of any information or items designated in this action as "CONFIDENTIAL,"
20 the Receiving Party must so notify the Designating Party, in writing (by electronic mail or fax, if
21 possible) immediately and in no event more than three court days after receiving the subpoena or order.
22 Such notification must include a copy ofthe subpoena or court order.
23 The Receiving Party also must immediately inform in writing the Party who caused the
24 subpoena or order to issue in the other litigation that some or all the material covered by the subpoena
25 or order is the subject of this Protective Order. In addition, the Receiving Party must deliver a copy
26 of this Stipulated Protective Order promptiy to the Party in the otiier actiontiiatcaused the subpoena
27 or order to issue.
28 The purpose of imposing these duties is to alert the interested parties to the existence
L U T l t R MENOELSOn. P C
7.
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 of this Protective Order and to afford the Designating Party in this case an opportunity to try to protect
2 its confidentiality interests in the court from which tiie subpoena or order issued. The Designating
3 Party shall bear the burdens and tiie expenses of seeking protection in that court of its confidential
4 material—^and nothing in these provisions should be constmed as authorizing or encouraging a
5 Receiving Party in this action to disobey a lawful directivefroma court.
6 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party leams that, by inadvertence or otherwise, it has disclosed Protected
8 Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
9 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
10 disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the person
11 or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request
12 such person or persons to execute the "Acknowledgment and Agreement to Be Bound" that is attached
13 hereto as Exhibit A.
14 10. FILING PROTECTED MATERIAL
15 Without written permission from the Designating Party or a court order secured after
16 appropriate notice to all interested parties, a Party may notfilein the public record in this action any
17 Protected Material. A Party that seeks tofileunder seal any Protected Material must comply witii
18 Rule 2.551 of the Califomia Rules of Court. Nothing herein shall require a Party seeking to file
19 Protected Material under seal to meet and confer with the Designating Party prior to filing the
20 Protected Material with the Court, provided that the Partyfilessuch Protected Material in a manner
21 consistent with Rule 2.551 of the Califomia Rules of Court.
22 IL FINAL DISPOSITION
23 Unless otherwise ordered or agreed in writing bytiieProducing Party, witiiin sixty days
24 after thefinaltermination of this action, each Receiving Party must retum all Protected Material to the
25 Producing Party. As used in this subdivision, "all Protected Material" includes all copies, abstracts,
26 compilations, summaries or any other form of reproducing or capturing any of the Protected Material.
27 With permission in writing from the Designating Party, the Receiving Party may destroy some or all
28 of the Protected Material instead of retuming it. Whether the Protected Material is retumed or
LII1LER MENDEL&ON. PC
8.
STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 desti*oyed,tiieReceiving Party must submit a written certification to the Producing Party (and, if not
2 the same person or entity, to the Designating Party) by the sixty day deadline that identifies (by
3 category, where appropriate) all the Protected Material that was retumed or destroyed and that affirms
4 that the Receiving Party has not retained any copies, abstracts, compilations, summaries or other forms
5 of reproducing or capturing any of the Protected Material. Notwithstanding this provision. Counsel
6 are entitled to retain an archival copy of all pleadings, motion papers, transcripts, legal memoranda,
7 correspondence or attomey work product, even if such materials contain Protected Material. Any such
8 archival copies that contain or constitute Protected Material remain subject to this Protective Order as
9 set forth in Section 4 (DURATION), above.
10 12. MISCELLANEOUS
II 12.1 Right to Further Relief. Nothing in this Order abridges therightof any person
12 to seek its modification by the Court in the future.
13 12.2 Right to Assert Other Objections. By stipulating to the entry of this
14 Protective Order no Party waives any right it otherwise would have to object to disclosing or producing
15 any infonnation or item on any ground not addressed in this Stipulated Protective Order. Similarly,
16 no Party waives any right to object on any ground to use in evidence of any of the material covered
17 by this Protective Order.
18
19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
20
21 Dated: M o ^ j 2% ,2019
22 LITTLER MENDELSON, P.C
23
By
24 KEITH A. JACOBY
BRADLEY E. SCHWAN
25 NATHANIEL H. JENKINS
26 Attomeys for Defendants
27 PRIMERITUS FINANCIAL SERVICES, INC. AND
CHRIS MCGINNESS
28
LlIILER MENOELSON. P C
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 Dated: ,2019
2 HATHAWAY. PERRETT, WEBSTER
POWERS, CHRISMAN & GUTIERREZ. APC
3
4
By
5
6
Attomey for Plaintiff
7 JOHN BOUDREAU
8
9
10 IT IS SO ORDERED.
11
Dated:
12
jej^^acramento County'Superior Court
13
CHRISTOPHER E. KRUEGER
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LlTTitO MENOELSON. P C 10.
310 a i j OSK
STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 EXHIBIT A
2 AGREEMENT TO BE BOUND BY PROTECTTVE ORDER
3 I hereby acknowledge that I, JNAME],
4 _[POSITION AND EMPLOYER], am about to receive Confidential
5 Materials supplied in connection with the Proceeding, John Boudreau, et al. v. Primeritus Financial
6 Services, Inc., et al, Sacramento County Superior Court Case Number 34-2018-00247272.1 certify
7 that I understand that the Confidential Materials are provided to me subject to the terms and resti-ictions
8 of the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the
9 Stipulation and Protective Order; I have read it, and I agree to be bound by its terms.
10 I understand that Confidential Materials, as defined in the Stipulation and Protective Order,
11 including any notes or other records that may be made regarding any such materials, shall not be
12 Disclosed to anyone except as expressly permitted bytiieStipulation and Protective Order. I will not
13 copy or use, except solely for the purposes of this Proceeding, any Confidential Materials obtained
14 pursuant to tiiis Protective Order, except as provided therein or otherwise ordered by the Court in the
15 Proceeding.
16 I fuither understand that I am to retain all copies of all Confidential Materials provided to me
17 in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my personal
18 custody until termination of my participation in this Proceeding, whereupon the copies of such
19 Materials will be returned to counsel who provided me with such Materials.
20 I declare under penalty ofperjury, undertiielaws of the State of California, thattiieforegoing
21 is true and correct. Executed this day of , 20 , at .
22
DATED: BY:
23 Signature
24 Title
25 Address
26
City, State, Zip
27
Telephone Number
28 FtRMWlDE: 164043234.2 087308.1007
LITTLER MENOELSON. P C
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STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION
1 PROOF OF SERVICE
2 I am a resident of the State of Califomia, over the age of eighteen years, and not a
3 party to the vwthin action. My business address is 500 Capitol Mall, Suite 2000, Sacramento,
4 Califomia 95814. On May 28,2019,1 served the witiiin document(s):
5 STIPULATION AND [PROPOSED] PROTECTrSHE ORDER R E USE AND DISCLOSURE
6 OF CONFIDENTIAL INFORIMATION
7 Q By Fax Transmission. Based on an agreement of the parties to accept service by
fax transmission, I faxed the documents to the persons at the fax numbers listed
8 below. No error was reported by the fax machine that I used. A copy of the record
of the fax transmission, which I printed out, is attached.
9
By United States Mail. I enclosed the documents in a sealed envelope or
lb package addressed to the persons at the addresses below and (specify oi%e):
11 Q deposited the sealed envelope with the United States Postal Service, with the
12 postage fully prepaid.
13 [x] placed the envelope for collection and mailing, following our ordinary
business practices. I am readily familiar with this business's practice for
14 collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited in the
15 ordmary course of business with the United States Postal Service, in a sealed
16 envelope with postagefiillyprepaid.
17 I am a resident or employed in tiie coimty where the mailing occurred. The
envelope or package was placed in the mail at; Sacramento, California.
18
• By Overnight Delivery. I deposited a tme copy of the same enclosed in a sealed
19 envelope, with delivery fees provided for, in an ovemight delivery service pick up
box or office designated for ovemight delivery, and addressed as set forth below.
20
Q By Personal Delivery. I personally delivered the documents to the persons at the
21 addresses listed below. (1) For a party represented by an attomey, delivery was
22 made to the attomey or at the attomey's office by leaving the documents, in an
envelope or package clearly labeled to identify the attomey being served, v^dth a
23 receptionist or an individual in charge of the office, between the hours of nine in
the moming and five in the evening. (2) For a party, delivery was made to the party
24 or by leaving the documents at the party's residence with some person not younger
than 18 years of age between the hours of eight in the moming and six in the
25 evening.
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LITTLER MENDELSON. P.C.
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S i c i a a i n l o . CA 95S14
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PROOF OF SERVICE
1 By Messenger Service. I served the documents by placing them in an envelope or
package addressed to the persons at the addresses listed below and providing them
2 to a professional messenger service for service. (A declaration by the messenger
3 must accompany this Proof of Service or be contained in the Declaration oJ
Messenger below.)
4
• By Electronic Service. Based on a court order or an agreement of the parties to
5 accept electronic service, I caused the documents to be sent to the persons at the
elecfronic service addresses listed below.
6
7 ALEJANDRO P. GUTIERREZ Attomeys for Plaintiff
HATHAWAY, PERRETT, WEBSTER, JOHN BOUDREAU,
8 POWERS, CHRISMAN & GUTIERREZ, APC individually, and on behalf of
5450 Telegraph Road, Suite 200 the Proposed Class
9 Ventura, CA 93003
10 Telephone: 310.717.0539
Facsimile: 310.919.3777
11
I declare under penalty of perjury under the laws of the State of Califomia that the
12
above is tme and correct. Executed on May 28,2019, at Sacramento, Califomia.
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Lauren Michel
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LITTLER MENDEL60N. P.C.
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S i c i i B i n t o . CA 930(4
9 IS U B r i o o
PROOF OF SERVICE
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i , r-\ r"T O C" r^, 1 ALEJANDRO P. GUTIERREZ b Ti U u r( b L U aguderrezffllhatliawavlawl'inn.com 2 HATHAWAY, PERRETT, WEBSTER, 5013 JUN ! I PH 2: 58 3 POWERS, CHRISMAN & GUTIERREZ. APC S/;OfiAHi:NrO COURTS 5450 Telegraph Road, Suite 200 4 Ventura, CA 93003 5 Telephone: 805.644.7111 Fax No.: 805.644.8296 6 O Attomeys for Plaintiff 7 JOHN BOUDREAU > 8 KEITH A, JACOBY, BarNo. 150233 kiacobv@iiUler.com CO 9 BRADLEY E. SCHWAN, Bar No. 246457 bschwantoiilittler.com 10 NATHANIEL H. JENKINS, Bar No. 312067 njen kinsfS' I itLier.com 11 LITTLER MENDELSON, P.C. 2049 Century Park East 12 5th Floor Los Angeles, CA 90067.3107 13 Telephone: 310.553.0308 Fax No.: 310.553.5583 14 Attomeys for Defendant 15 PRIMERITUS FINANCIAL SERVICES, INC. AND CHRIS MCGINNESS 16 17 SUPERIOR COURT OF CALIFORNIA 18 COUNTY OF SACRAMENTO 19 JOHN BOUDREAU, an individual, on CaseNo. 34-2018-00247272 behalf of himself and all others similarly 20 situated. STIPULATION AND [TROFO&Eiy PROTECTIVE ORDER RE USE AND 21 Plaintiff, DISCLOSURE OF CONFIDENTIAL INFORMATION 22 23 PRIMERITUS FINANCIAL SERVICES, INC., A Delaware corporation; CHRIS 24 McGINNESS, an hidividual; and DOES 1 through 10, inclusive. Complaint filed: December 27,2018 25 Defendants. 26 27 28 I I I T I E R MENOELSON, P C tlt.Flt«. W . i g i l i i C * t 3 K J JtSI 310 m UIW STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONHDENTIAL INFORMATION 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action involves the production of confidential, 3 proprietary, and/or private information for which special protection from public disclosure and from 4 use for any purpose other than prosecuting this litigation is warranted. Accordingly, the parties hereby 5 stipulate to and petition the Court to enter the following Stipulated Protective Order re Use and 6 Disclosure of Confidential Information ("Order"). The parties acknowledge that this Order does not 7 confer blanket protections on all disclosures or responses to discovery and that the protection it affords 8 extends only to the limited information or items that are entitled under the applicable legal principles 9 to treatment as confidential. 10 2. DEFINITIONS 11 2.1 PARTY: any party to this action, including all of its officers, directors, 12 employees, consultants, retained experts, and outside counsel (and their support staff). 13 2.2 DISCLOSURE OR DISCOVERY MATERIAL: all items or information, 14 regardless of the medium or manner generated, stored, or maintained (including, among other things, 15 testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to 16 discovery in this matter. 17 2.3 "CONFIDENTIAL" INFORMATION OR ITEMS: information 18 (regardless of how generated, stored or maintained) or tangible things reflecting confidential, 19 commercial, or personal information that counsel or any of the stipulating parties has in good faith 20 designated as "Confidential." 21 2.4 RECEIVING PARTY: a Party that receives Disclosure or Discovery Material 22 from a Producing Party. 23 2.5 PRODUCING PARTY: a Party or non-party that produces Disclosure or 24 Discovery Material in this action. 25 2.6 DESIGNATING PARTY: a Party or non-party that designates information or 26 items that it produces in disclosures or in responses to discovery as "Confidential." 27 2.7 PROTECTED MATERIAL: any Disclosure or Discovery Material that is 28 designated as "Confidential." LITTLER MENDELSON. PC tots C t t t t n P l ' t Eiii Sib r n a 2. III C4 k i i i l l i « r STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 2.8 OUTSIDE COUNSEL: attomeys who are not employees of a Party but who 2 represent or advise a Party in this action. 3 2.9 HOUSE COUNSEL: attomeys who are employees of a Party. 4 2.10 COUNSEL: Outside Counsel and House Counsel (as well as their support 5 staffs). 6 2.11 EXPERT: a person with specialized knowledge or experience in a matter 7 pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness 8 or as a consultant in this action and who is not a past or a current employee of a Party or of a competitor 9 of a Party and who, at the time of retention, is not anticipated to become an employee of a Party or a 10 competitor of a Party. This definition includes a professional jury or trial consultant retained in 11 connection with this litigation. 12 2.12 PROFESSIONAL VENDORS: persons or entities that provide litigation 13 support services (e.g., photocopying; videotaping;ti-anslating;preparing exhibits or demonstrations; 14 organizing, storing, retrievmg data in any form or medium; etc.) and their employees and 15 subcontractors. 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only Protected 18 Material (as defined above), but also any information copied or extracted therefrom, as well as all 19 copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations 20 by parties or counsel to or in court, or in other settings that might reveal Protected Material. 21 4. DURATION 22 Even after the termination of this litigation, the confidentiality obligations imposed by 23 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 24 otherwise directs. 25 5. DESIGNATING PROTECTED MATERIAL 26 5.1 Exercise of Restraint and Care in Designating Material for Protection. 27 Each Party or non-party that designates information or items for protection xmder this Order must take 28 care to limit any such designation to specific material that qualifies under the appropriate standards. ' •Kfn UENDgtSON. PC 3. 3i« i s ; i J r t STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1, A Designating Party must talce care to designate for protection only those parts of material, documents, 2 items, or oral or written communications that qualify - so that other portions of the material, 3 documents, items, or communications for which protection is not warranted are not swept unjustifiably 4 within the ambit of this Order. 5 If it comes to a Party's or a non-party's attention that information or items that it 6 designated for protection do not qualify for protection at all, or do not qualify for the level of protection 7 initially asserted, that Party or non-party must promptly notify all other parties that it is withdrawing 8 the mistaken designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this 10 Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order 11 must be clearly so designated before the material is disclosed or produced. 12 Designation in conformity with this Order requires: 13 (a) for inlbnnation in documentary form (apartfromtranscripts of depositions or other 14 pretrial or trial proceedings), that the Producing Party affix the legend "CONFIDENTIAL'' or to each 15 page that contains protected material. If only a portion or portions of the material on a page qualifies 16 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by malting 17 appropriate markings in the margins). 18 (b) for testimony given in deposition or in other pre-Lrial or trial proceedinus. that the 19 Party or non-party offering or sponsoring the testimony identify on the record, before the close of the 20 deposition, hearing, or other proceeding, all protected testimony. When it is impractical to identify 21 separately each portion of testimony that is entitled to protection, and when it appears that substantial 22 portions of the testimony may qualify for protection, the Party or non-party that sponsors, offers, or 23 gives the testimony may invoke on the record (before the deposition or proceeding is concluded) a 24 right to have up to 20 days after receipt of the uncorrected transcriptfromthe court reporter to identify 25 the specific portions of the testimony as to which protection is sought. Only those portions of the 26 testimony that are appropriately designated for protection within the 20 days shall be covered by the 27 provisions of this Stipulated Protective Order. 28 Transcript pages containing Protected Material must be separately bound by the court LITTLER I^NOELSON. P C c ..1.1.9if. r.ti iir. f i . v 4. • rt c. I.e; ]i) i'.: ilri STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 reporter, who must affix to the top of each such page the legend "CONFIDENTIAL," as instructed by 2 the Party or nonparty offering or sponsoring the witness or presenting the testimony. 3 (c) for mformation produced in some form otiiertiiandocumentary, and for any other 4 tangible items, that the Producing Party affix in a prominent place ontiieexterior of the container or 5 containers in which the information or item is stored the legend "CONFIDENTIAL." If only portions 6 of the information or item warrant protection, the Producing Party, to the extent practicable, shall 7 identify the protected portions. 8 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 9 to designate qualified infonnation or items as "Confidential" does not, standing alone, waive the 10 Designating Party's right to secure protection under this Order for such material. If material is 11 appropriately designated as "Confidential" after the material was initially disclosed or produced, the 12 Receiving Party, on timely notification of the designation, must make reasonable efforts to assure that 13 the material is treated in accordance with the provisions of this Order. 14 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 15 6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party's 16 confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessaiy 17 economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive its 18 right to challenge a confidentiality designation by electing not to mount a challenge promptly after the 19 original designation is disclosed. 20 6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating 21 Party's confidentiality designation must do so in good faith and must begin the process by conferring 22 directly (in writing or voice to voice dialogue) with counsel for the Designating Party. In conferring, 23 the challenging Party must explain the basis for its belief that the confidentiality designation was not 24 proper and must give the Designating Party an opportunity to review the designated material, to 25 reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the 26 chosen designation. A challenging Party may proceed to the next stage of the challenge process only 27 ifit has engaged in this meet and confer process ffrst. 28 HITLER MENDELSON. P C 5. ... .•.,(1*1 » 3,'jt STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 63 Court Intervention. A Party that elects to press a challenge to a confidentiality 2 designation after considering the justification offered by the Designating Party may file and serve a 3 motion consistent with Section 10 of this Stipulated Protective Order that identifies the challenged 4 material and sets forth in detail the basis for the challenge. Each such motion must be accompanied 5 by a competent declaration that affirms that the movant has complied with the meet and confer 6 requirements imposed in the preceding paragraph and that sets forth with specificity the justification 7 for the confidentiality designation that was given by the Designating Party in the meet and confer 8 dialogue. 9 Until the Court mles on the challenge, all parties shall continue to afford the material 10 in question the level of protection to which it is entitled under the Producing Party' s designation. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that is 13 disclosed or produced by another Party or by a non-party in connection with this case only for 14 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 15 disclosed only to the categories of persons and under the conditions described in this Order. When 16 the litigation has been terminated, a Receiving Party must comply with the provisions of Section 11, 17 below (FINAL DISPOSITION). 18 Protected Material must be stored and maintained by a Receiving Party at a location 19 and 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 21 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose 22 any information or item designated CONFIDENTIAL only to: 23 (a) the Receiving Party's Outside Counsel of record in this action, as well as employees 24 of said Counsel to whom it is reasonably necessary to disclose the information for this litigation and 25 who have signed the "Agreement to Be Bound by Protective Order" that is attached hereto as 26 Exhibit A; 27 (b) the officers, directors, and employees of the Receiving Party to whom disclosure is 28 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by liTllFRUEnOELSON PC }0(Q ct*i«f> Pii« r*ii 6. \th titv STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 Protective Order" (Exhibit A); 2 (c) experts (as defined in this Order) of the Receiving Party to whom disclosure is 3 reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by 4 Protective Order" (Exhibit A); 5 (d) the Court and its personnel as set forth in Section 10 below and pursuant to Rule 6 2.551 of the Califomia Rules of Court; 7 (e) court reporters, their staffs, and professional vendors to whom disclosure is 8 reasonably necessary for tiiis litigation and who have signed the "Agreement to Be Bound by 9 Protective Order" (Exhibit A); 10 (f) during their depositions, witiiesses in the action to whom disclosure is reasonably 11 necessary and who have signed the "Agreement to Be Bound by Protective Order" (Exhibit A). Pages 12 of transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 13 separately bound by the court reporter and may not be disclosed to anyone except as permitted under 14 this Stipulated Protective Order. 15 (g) the author of the document or the original source of the information. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 17 LITIGATION 18 If a Receiving Party is served with a subpoena or an order issued in other litigation that 19 would compel disclosure of any information or items designated in this action as "CONFIDENTIAL," 20 the Receiving Party must so notify the Designating Party, in writing (by electronic mail or fax, if 21 possible) immediately and in no event more than three court days after receiving the subpoena or order. 22 Such notification must include a copy ofthe subpoena or court order. 23 The Receiving Party also must immediately inform in writing the Party who caused the 24 subpoena or order to issue in the other litigation that some or all the material covered by the subpoena 25 or order is the subject of this Protective Order. In addition, the Receiving Party must deliver a copy 26 of this Stipulated Protective Order promptiy to the Party in the otiier actiontiiatcaused the subpoena 27 or order to issue. 28 The purpose of imposing these duties is to alert the interested parties to the existence L U T l t R MENOELSOn. P C 7. ]I0 i \ ] jlU STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 of this Protective Order and to afford the Designating Party in this case an opportunity to try to protect 2 its confidentiality interests in the court from which tiie subpoena or order issued. The Designating 3 Party shall bear the burdens and tiie expenses of seeking protection in that court of its confidential 4 material—^and nothing in these provisions should be constmed as authorizing or encouraging a 5 Receiving Party in this action to disobey a lawful directivefroma court. 6 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 7 If a Receiving Party leams that, by inadvertence or otherwise, it has disclosed Protected 8 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 9 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 10 disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the person 11 or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request 12 such person or persons to execute the "Acknowledgment and Agreement to Be Bound" that is attached 13 hereto as Exhibit A. 14 10. FILING PROTECTED MATERIAL 15 Without written permission from the Designating Party or a court order secured after 16 appropriate notice to all interested parties, a Party may notfilein the public record in this action any 17 Protected Material. A Party that seeks tofileunder seal any Protected Material must comply witii 18 Rule 2.551 of the Califomia Rules of Court. Nothing herein shall require a Party seeking to file 19 Protected Material under seal to meet and confer with the Designating Party prior to filing the 20 Protected Material with the Court, provided that the Partyfilessuch Protected Material in a manner 21 consistent with Rule 2.551 of the Califomia Rules of Court. 22 IL FINAL DISPOSITION 23 Unless otherwise ordered or agreed in writing bytiieProducing Party, witiiin sixty days 24 after thefinaltermination of this action, each Receiving Party must retum all Protected Material to the 25 Producing Party. As used in this subdivision, "all Protected Material" includes all copies, abstracts, 26 compilations, summaries or any other form of reproducing or capturing any of the Protected Material. 27 With permission in writing from the Designating Party, the Receiving Party may destroy some or all 28 of the Protected Material instead of retuming it. Whether the Protected Material is retumed or LII1LER MENDEL&ON. PC 8. STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 desti*oyed,tiieReceiving Party must submit a written certification to the Producing Party (and, if not 2 the same person or entity, to the Designating Party) by the sixty day deadline that identifies (by 3 category, where appropriate) all the Protected Material that was retumed or destroyed and that affirms 4 that the Receiving Party has not retained any copies, abstracts, compilations, summaries or other forms 5 of reproducing or capturing any of the Protected Material. Notwithstanding this provision. Counsel 6 are entitled to retain an archival copy of all pleadings, motion papers, transcripts, legal memoranda, 7 correspondence or attomey work product, even if such materials contain Protected Material. Any such 8 archival copies that contain or constitute Protected Material remain subject to this Protective Order as 9 set forth in Section 4 (DURATION), above. 10 12. MISCELLANEOUS II 12.1 Right to Further Relief. Nothing in this Order abridges therightof any person 12 to seek its modification by the Court in the future. 13 12.2 Right to Assert Other Objections. By stipulating to the entry of this 14 Protective Order no Party waives any right it otherwise would have to object to disclosing or producing 15 any infonnation or item on any ground not addressed in this Stipulated Protective Order. Similarly, 16 no Party waives any right to object on any ground to use in evidence of any of the material covered 17 by this Protective Order. 18 19 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 20 21 Dated: M o ^ j 2% ,2019 22 LITTLER MENDELSON, P.C 23 By 24 KEITH A. JACOBY BRADLEY E. SCHWAN 25 NATHANIEL H. JENKINS 26 Attomeys for Defendants 27 PRIMERITUS FINANCIAL SERVICES, INC. AND CHRIS MCGINNESS 28 LlIILER MENOELSON. P C l A . I Ctnnii . i t . Ciit 9. l u ric.1 i n a.9«i.i CA IMtr IDT STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 Dated: ,2019 2 HATHAWAY. PERRETT, WEBSTER POWERS, CHRISMAN & GUTIERREZ. APC 3 4 By 5 6 Attomey for Plaintiff 7 JOHN BOUDREAU 8 9 10 IT IS SO ORDERED. 11 Dated: 12 jej^^acramento County'Superior Court 13 CHRISTOPHER E. KRUEGER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LlTTitO MENOELSON. P C 10. 310 a i j OSK STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 EXHIBIT A 2 AGREEMENT TO BE BOUND BY PROTECTTVE ORDER 3 I hereby acknowledge that I, JNAME], 4 _[POSITION AND EMPLOYER], am about to receive Confidential 5 Materials supplied in connection with the Proceeding, John Boudreau, et al. v. Primeritus Financial 6 Services, Inc., et al, Sacramento County Superior Court Case Number 34-2018-00247272.1 certify 7 that I understand that the Confidential Materials are provided to me subject to the terms and resti-ictions 8 of the Stipulation and Protective Order filed in this Proceeding. I have been given a copy of the 9 Stipulation and Protective Order; I have read it, and I agree to be bound by its terms. 10 I understand that Confidential Materials, as defined in the Stipulation and Protective Order, 11 including any notes or other records that may be made regarding any such materials, shall not be 12 Disclosed to anyone except as expressly permitted bytiieStipulation and Protective Order. I will not 13 copy or use, except solely for the purposes of this Proceeding, any Confidential Materials obtained 14 pursuant to tiiis Protective Order, except as provided therein or otherwise ordered by the Court in the 15 Proceeding. 16 I fuither understand that I am to retain all copies of all Confidential Materials provided to me 17 in the Proceeding in a secure manner, and that all copies of such Materials are to remain in my personal 18 custody until termination of my participation in this Proceeding, whereupon the copies of such 19 Materials will be returned to counsel who provided me with such Materials. 20 I declare under penalty ofperjury, undertiielaws of the State of California, thattiieforegoing 21 is true and correct. Executed this day of , 20 , at . 22 DATED: BY: 23 Signature 24 Title 25 Address 26 City, State, Zip 27 Telephone Number 28 FtRMWlDE: 164043234.2 087308.1007 LITTLER MENOELSON. P C 7A.SCMl.il P.ti [..I 11. ll. fnv STIPULATION AND [PROPOSED] ORDER RE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION 1 PROOF OF SERVICE 2 I am a resident of the State of Califomia, over the age of eighteen years, and not a 3 party to the vwthin action. My business address is 500 Capitol Mall, Suite 2000, Sacramento, 4 Califomia 95814. On May 28,2019,1 served the witiiin document(s): 5 STIPULATION AND [PROPOSED] PROTECTrSHE ORDER R E USE AND DISCLOSURE 6 OF CONFIDENTIAL INFORIMATION 7 Q By Fax Transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed 8 below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 9 By United States Mail. I enclosed the documents in a sealed envelope or lb package addressed to the persons at the addresses below and (specify oi%e): 11 Q deposited the sealed envelope with the United States Postal Service, with the 12 postage fully prepaid. 13 [x] placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for 14 collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the 15 ordmary course of business with the United States Postal Service, in a sealed 16 envelope with postagefiillyprepaid. 17 I am a resident or employed in tiie coimty where the mailing occurred. The envelope or package was placed in the mail at; Sacramento, California. 18 • By Overnight Delivery. I deposited a tme copy of the same enclosed in a sealed 19 envelope, with delivery fees provided for, in an ovemight delivery service pick up box or office designated for ovemight delivery, and addressed as set forth below. 20 Q By Personal Delivery. I personally delivered the documents to the persons at the 21 addresses listed below. (1) For a party represented by an attomey, delivery was 22 made to the attomey or at the attomey's office by leaving the documents, in an envelope or package clearly labeled to identify the attomey being served, v^dth a 23 receptionist or an individual in charge of the office, between the hours of nine in the moming and five in the evening. (2) For a party, delivery was made to the party 24 or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the moming and six in the 25 evening. 26 27 28 LITTLER MENDELSON. P.C. no ctpiioi u«ii Sail* 30O0 S i c i a a i n l o . CA 95S14 t t S UO T^fiO PROOF OF SERVICE 1 By Messenger Service. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed below and providing them 2 to a professional messenger service for service. (A declaration by the messenger 3 must accompany this Proof of Service or be contained in the Declaration oJ Messenger below.) 4 • By Electronic Service. Based on a court order or an agreement of the parties to 5 accept electronic service, I caused the documents to be sent to the persons at the elecfronic service addresses listed below. 6 7 ALEJANDRO P. GUTIERREZ Attomeys for Plaintiff HATHAWAY, PERRETT, WEBSTER, JOHN BOUDREAU, 8 POWERS, CHRISMAN & GUTIERREZ, APC individually, and on behalf of 5450 Telegraph Road, Suite 200 the Proposed Class 9 Ventura, CA 93003 10 Telephone: 310.717.0539 Facsimile: 310.919.3777 11 I declare under penalty of perjury under the laws of the State of Califomia that the 12 above is tme and correct. Executed on May 28,2019, at Sacramento, Califomia. 13 14 15 Lauren Michel 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDEL60N. P.C. v n CipiiBl Uall SuTU 3000 2. S i c i i B i n t o . CA 930(4 9 IS U B r i o o PROOF OF SERVICE