United States District Court, C.D. California
ALFRED ZAKLIT AND JESSY ZAKLIT, individually and on behalf of all others similarly situated, Plaintiffs,
NATIONSTAR MORTGAGE LLC and DOES 1 through 10, inclusive, and each of them, Defendants.
JOINT STIPULATION FOR ENTRY OF PROTECTIVE
KIYA KATO, Magistrate Judge.
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:
PURPOSES AND LIMITATIONS
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
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.
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
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.
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.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
"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.
Counsel: Outside Counsel of Record and House Counsel (as well
as their support staff).
Designating Party: a Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as "CONFIDENTIAL."
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.
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.
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.
Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
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
Party: any party to this Action, including all of its
officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
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.
Protected Material: any Disclosure or Discovery Material that
is designated as "CONFIDENTIAL."
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
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
of Protected Material at trial shall be governed by the
orders of the trial judge. This Order does not govern ...