Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 1 of 26 Page ID #:593

1 Adam W. Wiers (Admitted Pro Hac Vice) [email protected] 2 JONES DAY 77 West Wacker Drive, Suite 3500 3 Chicago, IL 60601-1692 4 Telephone: (312) 782-3939 Facsimile: (312) 782.8585 5 Daniel J. McLoon (State Bar No. 109598) 6 [email protected] JONES DAY 7 555 South Flower Street Fiftieth Floor Los Angeles, CA 90071 8 Telephone: (213) 489-3939 Facsimile: (213) 243-2539 9

Angela M. Taylor (State Bar No. 210425) 10 [email protected] 11 JONES DAY 3161 Michelson Drive, Suite 800 12 Irvine, CA 92612.4408 Telephone: (949) 851-3939 13 Facsimile: (949) 553-7539

14 Eric A. Nicholson (Admitted Pro Hac Vice) JONES DAY 15 150 West Jefferson, Suite 2100 Detroit, MI 48226 16 Telephone: (313) 733-3939 17 Facsimile: (313) 230-7997

18 Attorneys for Defendant EXPERIAN INFORMATION 19 SOLUTIONS, INC.

20 UNITED STATES DISTRICT COURT 21 CENTRAL DISTRICT OF CALIFORNIA

22 TIMOTHY WHEELER, Case No. 2:20-cv-11710 DOC(RAOx) 23 Plaintiff, STIPULATION AND PROPOSED 24 PROTECTIVE ORDER v. 25 EXPERIAN INFORMATION 26 SOLUTIONS, INC., 27 Defendants. 28 1 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 2 of 26 Page ID #:594

1 2

3 1. A. PURPOSES AND LIMITATIONS 4 Discovery in this action is likely to involve production of confidential, 5 proprietary or private information for which special protection from public 6 7 disclosure and from use for any purpose other than prosecuting this litigation may 8 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 9 enter the following Stipulated Protective Order. The parties acknowledge that this 10 11 Order does not confer blanket protections on all disclosures or responses to 12 discovery and that the protection it affords from public disclosure and use extends 13 only to the limited information or items that are entitled to confidential treatment 14 15 under the applicable legal principles. 16 B. GOOD CAUSE STATEMENT 17 18 The parties seek protection for all confidential proprietary documents, 19 testimony, transcripts and other materials in this action produced by any party or 20 non-party and the information contained therein. 21 22 The documents to be produced by Plaintiff and Defendant contain sensitive 23 personal information, such as social security number, date of birth, addresses, and 24 phone numbers. Plaintiff will further be disclosing information regarding his 25 26 financial and credit accounts. Plaintiff will be at risk from potential identity theft if 27 his information were to get into the wrong hands. Further, in connection with the 28 2 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 3 of 26 Page ID #:595

1 Action, Plaintiff likely will seek discovery or testimony regarding certain of 2 Defendant’s confidential and proprietary trade secrets and other business 3 4 information including, but not limited to, codes, computer systems, software and 5 processes used for credit reporting, and information derived therefrom. 6 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 7 8 SEAL 9 The parties further acknowledge, as set forth in Section 12.3, below, that this 10 Stipulated Protective Order does not entitle them to file confidential information 11 12 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 13 and the standards that will be applied when a party seeks permission from the court 14 to file material under seal. 15 16 There is a strong presumption that the public has a right of access to judicial 17 proceedings and records in civil cases. In connection with non-dispositive motions, 18 good cause must be shown to support a filing under seal. See Kamakana v. City and 19 20 County of Honolulu,

(9th Cir. 2006); Phillips v. Gen. Motors 21 Corp.,

, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 22 Inc.,

(E.D. Wis. 1999) (even stipulated protective orders require 23 24 good cause showing), and a specific showing of good cause or compelling reasons 25 with proper evidentiary support and legal justification, must be made with respect to 26 Protected Material that a party seeks to file under seal. The parties’ mere designation 27 28 3 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 4 of 26 Page ID #:596

1 of Disclosure or Discovery Material as CONFIDENTIAL does not—without the 2 submission of competent evidence by declaration, establishing that the material 3 4 sought to be filed under seal qualifies as confidential, privileged, or otherwise 5 protectable—constitute good cause. 6 Further, if a party requests sealing related to a dispositive motion or trial, then 7 8 compelling reasons, not only good cause, for the sealing must be shown, and the 9 relief sought shall be narrowly tailored to serve the specific interest to be protected. 10 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 11 12 each item or type of information, document, or thing sought to be filed or introduced 13 under seal in connection with a dispositive motion or trial, the party seeking 14 protection must articulate compelling reasons, supported by specific facts and legal 15 16 justification, for the requested sealing order. Again, competent evidence supporting 17 the application to file documents under seal must be provided by declaration. 18 Any document that is not confidential, privileged, or otherwise protectable in 19 20 its entirety will not be filed under seal if the confidential portions can be redacted. 21 If documents can be redacted, then a redacted version for public viewing, omitting 22 only the confidential, privileged, or otherwise protectable portions of the document 23 24 shall be filed. Any application that seeks to file documents under seal in their 25 entirety should include an explanation of why redaction is not feasible. 26 27 28 4 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 5 of 26 Page ID #:597

1 2. DEFINITIONS 2 2.1 Action: this pending lawsuit, entitled Timothy Wheeler v. Experian 3 4 Information Solutions, Inc., et al., Case No. 2:20-cv-11710-DOC-RAO. 5 2.2 Challenging Party: a Party or Non-Party that challenges the designation 6 of information or items under this Order. 7 8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 9 how it is generated, stored or maintained) or tangible things that qualify for 10 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 11 12 the Good Cause Statement. 13 2.4 “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” Information or 14 Items: information (regardless of how it is generated, stored or maintained) or 15 16 tangible things that qualify for protection under Federal Rule of Civil Procedure 17 26(c), and as specified above in the Good Cause Statement, that a Designating Party 18 believes in good faith that, despite the provisions of this Protective Order, there is a 19 20 substantial risk of identifiable harm to the Designating Party if particular documents 21 it designates as “CONFIDENTIAL” are disclosed to a Party or Non-Party. 22 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 23 24 their support staff). 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 27 28 5 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 6 of 26 Page ID #:598

1 “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” 2 2.7 Disclosure or Discovery Material: all items or information, regardless 3 4 of the medium or manner in which it is generated, stored, or maintained (including, 5 among other things, testimony, transcripts, and tangible things) that are produced or 6 generated in disclosures or responses to discovery in this matter. 7 8 2.8 Expert: a person with specialized knowledge or experience in a matter 9 pertinent to the litigation who has been retained by a Party or its counsel to serve as 10 an expert witness or as a consultant in this Action. 11 12 2.9 House Counsel: attorneys who are employees of a party to this Action. 13 House Counsel does not include Outside Counsel of Record or any other outside 14 counsel. 15 16 2.10 Non-Party: any natural person, partnership, corporation, association or 17 other legal entity not named as a Party to this action. 18 2.11 Outside Counsel of Record: attorneys who are not employees of a party 19 20 to this Action but are retained to represent or advise a party to this Action and have 21 appeared in this Action on behalf of that party or are affiliated with a law firm that 22 has appeared on behalf of that party, and includes support staff. 23 24 2.12 Party: any party to this Action, including all of its officers, directors, 25 employees, consultants, retained experts, and Outside Counsel of Record (and their 26 support staffs). 27 28 6 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 7 of 26 Page ID #:599

1 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 4 2.14 Professional Vendors: persons or entities that provide litigation support 5 services (e.g., photocopying, videotaping, translating, preparing exhibits or 6 demonstrations, and organizing, storing, or retrieving data in any form or medium) 7 8 and their employees and subcontractors. 9 2.15 Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES 11 12 ONLY.” 13 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material 14 from a Producing Party. 15 16 3. SCOPE 17 The protections conferred by this Stipulation and Order cover not only 18 Protected Material (as defined above), but also (1) any information copied or 19 20 extracted from Protected Material; (2) all copies, excerpts, summaries, or 21 compilations of Protected Material; and (3) any testimony, conversations, or 22 presentations by Parties or their Counsel that might reveal Protected Material. 23 24 Any use of Protected Material at trial shall be governed by the orders of the 25 trial judge. This Order does not govern the use of Protected Material at trial. 26 4. DURATION 27 28 7 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 8 of 26 Page ID #:600

1 Once a case proceeds to trial, information that was designated as 2 “CONFIDENTIAL,” “CONFIDENTIAL–ATTORNEYS’ EYES ONLY,” or 3 4 maintained pursuant to this Protective Order used or introduced as an exhibit at trial 5 becomes public and will be presumptively available to all members of the public, 6 including the press, unless compelling reasons supported by specific factual findings 7 8 to proceed otherwise are made to the trial judge in advance of the trial. See 9 Kamakana,

(distinguishing “good cause” showing for sealing 10 documents produced in discovery from “compelling reasons” standard when merits- 11 12 related documents are part of court record). Accordingly, the terms of this Protective 13 Order do not extend beyond the commencement of the trial as to Protected Material 14 used at trial. 15 16 Notwithstanding the foregoing, even after final disposition of this litigation, 17 the confidentiality obligations imposed by this Order will remain in effect until a 18 Designating Party agrees otherwise in writing or a court order otherwise directs, and 19 20 all Protected Material, including all documents designated as “CONFIDENTIAL” 21 or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” and/or admitted as evidence 22 at trial, shall be returned to the Designating Party as set forth in Paragraph 13 below. 23 24 Final disposition will be deemed to be the later of (1) dismissal of all claims and 25 defenses in this Action, with or without prejudice; and (2) final judgment herein after 26 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews 27 28 8 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 9 of 26 Page ID #:601

1 of this Action, including the time limits for filing any motions or applications for 2 extension of time pursuant to applicable law. 3 4 5. DESIGNATING PROTECTED MATERIAL 5 5.1 Exercise of Restraint and Care in Designating Material for Protection. 6 Each Party or Non-Party that designates information or items for protection under 7 8 this Order must take care to limit any such designation to specific material that 9 qualifies under the appropriate standards. The Designating Party must designate for 10 protection only those parts of material, documents, items or oral or written 11 12 communications that qualify so that other portions of the material, documents, items 13 or communications for which protection is not warranted are not swept unjustifiably 14 within the ambit of this Order. 15 16 Mass, indiscriminate or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to impose 19 20 unnecessary expenses and burdens on other parties) may expose the Designating 21 Party to sanctions. 22 If it comes to a Designating Party’s attention that information or items that it 23 24 designated for protection do not qualify for protection, that Designating Party must 25 promptly notify all other Parties that it is withdrawing the inapplicable designation. 26 27 28 9 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 10 of 26 Page ID #:602

1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 3 4 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 5 under this Order must be clearly so designated before the material is disclosed or 6 produced. 7 8 Designation in conformity with this Order requires: 9 (a) for information in documentary form (e.g., paper or electronic documents, 10 but excluding transcripts of depositions or other pretrial or trial proceedings), that 11 12 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 13 “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” (hereinafter 14 “CONFIDENTIAL legend”), to each page that contains Protected Material. If only 15 16 a portion of the material on a page qualifies for protection, the Producing Party also 17 must clearly identify the protected portion(s) (e.g., by making appropriate markings 18 in the margins). 19 20 A Party or Non-Party that makes original documents available for inspection 21 need not designate them for protection until after the inspecting Party has indicated 22 which documents it would like copied and produced. During the inspection and 23 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 28 10 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 11 of 26 Page ID #:603

1 documents, or portions thereof, qualify for protection under this Order. Then, before 2 producing the specified documents, the Producing Party must affix the 3 4 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 5 portion of the material on a page qualifies for protection, the Producing Party also 6 must clearly identify the protected portion(s) (e.g., by making appropriate markings 7 8 in the margins). 9 (b) for testimony given in depositions, that the Designating Party identifies 10 the Disclosure or Discovery Material on the record, before the close of the deposition 11 12 all protected testimony, or within twenty-one (21) days from the date a deposition 13 transcript is received by serving a notice to all Parties designating portions of the 14 transcript as “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES 15 16 ONLY.” Until such time, all deposition testimony shall be treated as Protected 17 Material. To the extent any designations are made on the record during the 18 deposition, the Designating Party need not serve a notice re-designating those 19 20 portions of the transcript as “CONFIDENTIAL” or “CONFIDENTIAL– 21 ATTORNEYS’ EYES ONLY.” 22 23 (c) for information produced in some form other than documentary and for 24 any other tangible items, that the Producing Party affix in a prominent place on the 25 exterior of the container or containers in which the information is stored the legend 26 27 “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” If only 28 11 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 12 of 26 Page ID #:604

1 a portion or portions of the information warrants protection, the Producing Party, to 2 the extent practicable, shall identify the protected portion(s). 3 4 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 5 failure to designate qualified information or items does not, standing alone, waive 6 the Designating Party’s right to secure protection under this Order for such material. 7 8 Upon timely correction of a designation, the Receiving Party must make reasonable 9 efforts to assure that the material is treated in accordance with the provisions of this 10 Order. 11 12 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 13 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 14 designation of confidentiality at any time that is consistent with the Court’s 15 16 Scheduling Order. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 18 resolution process under Local Civil Rule 37.1 et seq. 19 20 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a 21 joint stipulation pursuant to Local Civil Rule 37-2. 22 6.4 The burden of persuasion in any such challenge proceeding shall be on 23 24 the Designating Party. Frivolous challenges, and those made for an improper 25 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 26 parties) may expose the Challenging Party to sanctions. Unless the Designating 27 28 12 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 13 of 26 Page ID #:605

1 Party has waived or withdrawn the confidentiality designation, all parties shall 2 continue to afford the material in question the level of protection to which it is 3 4 entitled under the Producing Party’s designation until the Court rules on the 5 challenge. 6 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7 8 7.1 Basic Principles. A Receiving Party may use Protected Material that is 9 disclosed or produced by another Party or by a Non-Party in connection with this 10 Action only for prosecuting, defending or attempting to settle this Action. Such 11 12 Protected Material may be disclosed only to the categories of persons and under the 13 conditions described in this Order. When the Action has been terminated, a 14 Receiving Party must comply with the provisions of section 13 below (FINAL 15 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 20 authorized under this Order. 21 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 22 otherwise ordered by the court or permitted in writing by the Designating Party, a 23 24 Receiving Party may disclose any information or item designated 25 “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 27 28 13 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 14 of 26 Page ID #:606

1 as employees of said Outside Counsel of Record to whom it is reasonably necessary 2 to disclose the information for this Action; 3 4 (b) the officers, directors, and employees (including House Counsel) of the 5 Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 8 disclosure is reasonably necessary for this Action and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 11 (d) the court and its personnel; 12 (e) court reporters and their staff; 13 (f) professional jury or trial consultants, mock jurors, and Professional 14 15 Vendors to whom disclosure is reasonably necessary for this Action and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 17 18 (g) the author or recipient of a document containing the information or a 19 custodian or other person who otherwise possessed or knew the information; 20 (h) during their depositions, witnesses, and attorneys for witnesses, in the 21 22 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 23 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 24 (Exhibit A); and (2) they will not be permitted to keep any confidential information 25 26 unless otherwise agreed by the Designating Party or ordered by the court. Pages of 27 transcribed deposition testimony or exhibits to depositions that reveal Protected 28 14 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 15 of 26 Page ID #:607

1 Material may be separately bound by the court reporter and may not be disclosed to 2 anyone except as permitted under this Stipulated Protective Order; 3 4 (i) any mediator or settlement officer, and their supporting personnel, 5 mutually agreed upon by any of the parties engaged in settlement discussions; and 6 (j) present or former employees of the Producing Party in connection with 7 8 their depositions in this action (provided that no former employees shall be shown 9 documents prepared after the date of his or her departure). 10 7.3 Disclosure of “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” 11 12 Information or Items. Unless otherwise ordered by the court or permitted in writing 13 by the Designating Party, a Receiving Party may disclose any information or item 14 designated “CONFIDENTIAL–ATTORNEYS’ EYES ONLY” only to: 15 16 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 17 as employees of said Outside Counsel of Record to whom it is reasonably necessary 18 19 to disclose the information for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (b) Experts (as defined in this Order) of the Receiving Party to whom 22 23 disclosure is reasonably necessary for this Action and who have signed the 24 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 25 (c) the court and its personnel; 26 27 (d) court reporters and their staff to whom disclosure is reasonably necessary 28 15 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 16 of 26 Page ID #:608

1 for this Action and who have signed the “Acknowledgment and Agreement to Be 2 Bound” (Exhibit A); and 3 4 (e) the author or recipient of a document containing the information or a 5 custodian or other person who otherwise possessed or knew the information. 6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 7 8 IN OTHER LITIGATION 9 If a Party is served with a subpoena or a court order issued in other litigation 10 that compels disclosure of any information or items designated in this Action as 11 12 “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY,” that 13 Party must: 14 (a) promptly notify in writing the Designating Party. Such notification shall 15 16 include a copy of the subpoena or court order; 17 (b) promptly notify in writing the party who caused the subpoena or order to 18 19 issue in the other litigation that some or all of the material covered by the subpoena 20 or order is subject to this Protective Order. Such notification shall include a copy of 21 this Stipulated Protective Order; and 22 23 (c) cooperate with respect to all reasonable procedures sought to be pursued 24 by the Designating Party whose Protected Material may be affected. 25 If the Designating Party timely seeks a protective order, the Party served with 26 27 the subpoena or court order shall not produce any information designated in this 28 16 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 17 of 26 Page ID #:609

1 action as “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES 2 ONLY” before a determination by the court from which the subpoena or order 3 4 issued, unless the Party has obtained the Designating Party’s permission. The 5 Designating Party shall bear the burden and expense of seeking protection in that 6 court of its confidential material and nothing in these provisions should be construed 7 8 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 9 directive from another court. 10 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 11 12 PRODUCED IN THIS LITIGATION 13 (a) The terms of this Order are applicable to information produced by a Non- 14 Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL– 15 16 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 17 connection with this litigation is protected by the remedies and relief provided by 18 this Order. Nothing in these provisions should be construed as prohibiting a Non- 19 20 Party from seeking additional protections. 21 (b) In the event that a Party is required, by a valid discovery request, to 22 23 produce a Non-Party’s confidential information in its possession, and the Party is 24 subject to an agreement with the Non-Party not to produce the Non-Party’s 25 confidential information, then the Party shall: 26 27 (1) promptly notify in writing the Requesting Party and the Non-Party 28 17 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 18 of 26 Page ID #:610

1 that some or all of the information requested is subject to a confidentiality 2 agreement with a Non-Party; 3 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a 6 reasonably specific description of the information requested; and 7 8 (3) make the information requested available for inspection by the 9 Non-Party, if requested. 10 11 (c) If the Non-Party fails to seek a protective order from this court within 14 12 days of receiving the notice and accompanying information, the Receiving Party 13 may produce the Non-Party’s confidential information responsive to the discovery 14 15 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 16 not produce any information in its possession or control that is subject to the 17 confidentiality agreement with the Non-Party before a determination by the court. 18 19 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 20 of seeking protection in this court of its Protected Material. 21 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 22 23 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 24 Protected Material to any person or in any circumstance not authorized under this 25 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 26 27 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 28 18 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 19 of 26 Page ID #:611

1 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 2 or persons to whom unauthorized disclosures were made of all the terms of this 3 4 Order, and (d) request such person or persons to execute the “Acknowledgment and 5 Agreement to Be Bound” that is attached hereto as Exhibit A. 6 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 7 8 PROTECTED MATERIAL 9 When a Producing Party gives notice to Receiving Parties that certain 10 inadvertently produced material is subject to a claim of privilege or other protection, 11 12 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 13 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 14 may be established in an e-discovery order that provides for production without prior 15 16 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as 17 the parties reach an agreement on the effect of disclosure of a communication or 18 information covered by the attorney-client privilege or work product protection, the 19 20 parties may incorporate their agreement in the stipulated protective order submitted 21 to the court. 22 12. MISCELLANEOUS 23 24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 25 person to seek its modification by the Court in the future. 26 12.2 Right to Assert Other Objections. By stipulating to the entry of this 27 28 19 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 20 of 26 Page ID #:612

1 Protective Order, no Party waives any right it otherwise would have to object to 2 disclosing or producing any information or item on any ground not addressed in this 3 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any 7 8 Protected Material must comply with Local Civil Rule 79-5. Protected Material may 9 only be filed under seal pursuant to a court order authorizing the sealing of the 10 specific Protected Material at issue. If a Party’s request to file Protected Material 11 12 under seal is denied by the court, then the Receiving Party may file the information 13 in the public record unless otherwise instructed by the court. 14 13. FINAL DISPOSITION 15 16 After the final disposition of this Action, as defined in paragraph 4, within 60 17 days of a written request by the Designating Party, each Receiving Party must return 18 all Protected Material to the Producing Party or destroy such material. As used in 19 20 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 21 summaries, and any other format reproducing or capturing any of the Protected 22 Material. Whether the Protected Material is returned or destroyed, the Receiving 23 24 Party must submit a written certification to the Producing Party (and, if not the same 25 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 26 (by category, where appropriate) all the Protected Material that was returned or 27 28 20 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 21 of 26 Page ID #:613

1 destroyed and (2) affirms that the Receiving Party has not retained any copies, 2 abstracts, compilations, summaries or any other format reproducing or capturing any 3 4 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 5 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 6 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 7 8 reports, attorney work product, and consultant and expert work product, even if such 9 materials contain Protected Material. Any such archival copies that contain or 10 constitute Protected Material remain subject to this Protective Order as set forth in 11 12 Section 4 (DURATION). 13 14. VIOLATION 14 Any violation of this Order may be punished by appropriate measures including, 15 16 without limitation, contempt proceedings and/or monetary sanctions. 17 /// 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 19

20 21 22 23 24 25 26 27 28 21 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 22 of 26 Page ID #:614

1 DATED: October 7, 2022 By: /s/ David Ali Chami 2 David Ali Chami, AZ Bar No. 027585 (admitted pro hac vice) 3 Price Law Group, APC 4 8245 N. 85th Way Scottsdale, AZ 85258 5 T: (818) 600-5515 6 E: [email protected]

7 Nemer N. Hadous, Bar #264431 8 Price Law Group, APC 8245 N. 85th Way 9 Scottsdale, AZ 85258 10 T: (818) 600-5572 F: (818) 600-5472 11 [email protected] 12 Youssef H. Hammoud (SBN: 321934) 13 PRICE LAW GROUP, APC 14 6345 Balboa Blvd, Suite 247 Encino, CA 91316 15 T: (818) 600-5596 16 F: (818) 600-5496 E: [email protected] 17 Attorneys for Plaintiff, 18 Timothy Wheeler

19 DATED: October 7, 2022 By: /s/ Eric A. Nicholson 20 Adam W. Wiers (Admitted Pro Hac Vice) [email protected] 21 JONES DAY 22 77 West Wacker Drive, Suite 3500 Chicago, IL 60601-1692 23 Telephone: (312) 782-3939 24 Facsimile: (312) 782.8585

25 Daniel J. McLoon (State Bar No. 109598) 26 [email protected] JONES DAY 27 555 South Flower Street 28 22 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 23 0f 26 Page ID #:615

l Fiftieth Floor 2 Los Angeles, CA 90071 Telephone: (213) 489-3939 3 Facsimile: (213) 243-2539 Angela M. Taylor (State Bar No. 210425) > [email protected] 6 JONES DAY 3161 Michelson Drive, Suite 800 Irvine, CA 92612.4408 8 Telephone: (949) 851-3939 9 Facsimile: (949) 553-7539

10 Eric A. Nicholson (Admitted Pro Hac Vice) 1 JONES DAY 150 West Jefferson, Suite 2100 12 Detroit, MI 48226 B Telephone: (313) 733-3939 Facsimile: (313) 230-7997 14 15 Attorneys for Defendant EXPERIAN INFORMATION 16 SOLUTIONS, INC. 7 Jennifer Sun JONES DAY 18 Counsel for Defendant 19 Experian Information Solutions, Inc. 20 *!\| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 73 DATED: October 31, 2022 Rapeths, GH, 2 HON. ROZELLA A. OLIVER 26|| United States Magistrate Judge 27 28 23

Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 24 of 26 Page ID #:616

1 SIGNATURE CERTIFICATION 2 Pursuant to L.R. 5-4.3.4(a)(2), I hereby certify that all other signatories listed, 3 4 on whose behalf this filing is submitted, concur with the contents of this filing and 5 have authorized the filing. 6 By: /s/ Eric A. Nicholson 7 Eric A. Nicholson (Admitted Pro Hac Vice) 8 JONES DAY 150 West Jefferson, Suite 2100 9 Detroit, MI 48226 10 Telephone: (313) 733-3939 Facsimile: (313) 230-7997 11

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 25 of 26 Page ID #:617

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 8 was issued by the United States District Court for the Central District of California 9 on _________________ [date] in the case of Timothy Wheeler v. Experian 10 Information Solutions, Inc., et al., Case No.: 2:20-cv-11710-DOC-RAO. I agree to 11 12 comply with and to be bound by all the terms of this Stipulated Protective Order and 13 I understand and acknowledge that failure to so comply could expose me to sanctions 14 and punishment in the nature of contempt. I solemnly promise that I will not disclose 15 16 in any manner any information or item that is subject to this Stipulated Protective 17 Order to any person or entity except in strict compliance with the provisions of this 18 Order. 19 20 I further agree to submit to the jurisdiction of the United States District Court 21 for the Central District of California for enforcing the terms of this Stipulated 22 Protective Order, even if such enforcement proceedings occur after termination of 23 24 this action. I hereby appoint __________________________ [print or type full 25 name] of _______________________________________ [print or type full address 26 and telephone number] as my California agent for service of process in connection 27 28 26 Case 2:20-cv-11710-DOC-RAO Document 68 Filed 10/31/22 Page 26 of 26 Page ID #:618

1 with this action or any proceedings related to enforcement of this Stipulated 2 Protective Order. 3 4 Date: ______________________________________ 5 City and State where sworn and signed: _________________________________ 6

7 8 Printed name: _______________________________ 9

10 Signature: __________________________________ 11

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