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Zaklit v. Nationstar Mortgage LLC

United States District Court, C.D. California

June 23, 2016

ALFRED ZAKLIT AND JESSY ZAKLIT, individually and on behalf of all others similarly situated, Plaintiffs,
v.
NATIONSTAR MORTGAGE LLC and DOES 1 through 10, inclusive, and each of them, Defendants.

          JOINT STIPULATION FOR ENTRY OF PROTECTIVE ORDER

          KENLY KIYA KATO, Magistrate Judge.

         Plaintiffs Alfred Zaklit and Jessy Zaklit ("Plaintiffs") and Defendant Nationstar Mortgage LLC ("Defendant") hereby stipulate and move for a Protective Order as provided in Rule 26(c) of the Federal Rules of Civil Procedure. The Parties agree as follows:

         1. A. PURPOSES AND LIMITATIONS

         Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the Parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The Parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The Parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal.

         B. GOOD CAUSE STATEMENT

         Good cause exists for entry of this Stipulated Protective Order because this action could potentially involve proprietary information such as business plans, policies and procedures, contracts, revenue, costs and profit reports, as well as personal financial information, including financial account numbers, and third party borrower contact and loan information. Specifically, Plaintiff has requested that Defendant produce its policies and procedures and training materials, the terms and content of which may not be subject to public disclosure and which Defendant would not share with competitors. Further, documents sought by Plaintiff likely contain personal and/or financial information regarding Defendant's customers, other than Plaintiff. Likewise, Defendant has requested information from Plaintiff containing personal banking information and other financial information in which Plaintiff has privacy interests.

         Based on information requested, including that described herein, the Parties anticipate that they will disclose sensitive personal, financial, and/or proprietary information. Private information of third parties may also be disclosed. It is important that this information remain protected and not be readily available due to the dangers of identity theft, violating the constitutional privacy rights of third parties, and protection of business competition interests. The unrestricted or unprotected disclosure of such private, financial and/or business information would result in prejudice or harm to the producing party and third parties by revealing their information which could result in identity theft, loss of business and/or violation of federal and state privacy laws.

         Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the Parties are entitled to keep confidential, to ensure that the Parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the Parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case.

         2. DEFINITIONS

         2.1 Action: The pending federal law suit titled Alfred Zaklit, et al. v. Nationstar Mortgage LLC, Central District of California Case No. 5:15-CV-02190-CAS-KK.

         2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.3 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c) and as specified above in the Good Cause Statement.

         2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff).

         2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

         2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

         2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action.

         2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel.

         2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Action.

         2.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have appeared in this Action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party, and includes support staff.

         2.11 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).

         2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action.

         2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.

         2.14 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL."

         2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

         3. SCOPE

         The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

         Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern ...


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