United States District Court, E.D. California, Sacramento Division
Leif
Lowery, Plaintiff, represented by Robert Steven Gimblin, II,
Law Office of Steve Gimblin.
Wendy
Lowery, Plaintiff, represented by Robert Steven Gimblin, II,
Law Office of Steve Gimblin.
Wells
Fargo, N.A., Defendant, represented by Elizabeth Holt
Andrews, Severson & Werson & Thomas N. Abbott, Severson &
Werson, P.C..
Experian Information Solutions, Inc., Defendant, represented
by Jennifer Sun, Jones Day, Katherine A. Neben, Jones Day &
Kelsey Alissa Israel-Trummel, Jones Day.
Equifax Information Services, LLC, Defendant, represented by
Thomas Patrick Quinn, Jr., Nokes & Quinn.
STIPULATION AND [PROPOSED] PROTECTIVE ORDER
EDMUND
F. BRENNAN, Magistrate Judge
IT IS
HEREBY STIPULATED by and between Plaintiffs Leif Lowery and
Wendy Lowery ("Plaintiffs"), and Defendants
Experian Information Solutions, Inc. ("Experian"),
Equifax Information Services, LLC ("Equifax"), and
Wells Fargo Bank, N.A. ("Wells Fargo") (Experian,
Equifax and Wells Fargo are collectively referred to herein
as "Defendants"), through their respective
attorneys of record, as follows:
WHEREAS,
Fed. R. Civ. Proc. 26(c)(1) requires a showing of good cause
for the entry of a protective order by the Court to prevent
public disclosure of non-public material such as trade
secrets or other confidential research, development, or
commercial information;
WHEREAS,
documents and information have been and may be sought,
produced or exhibited by and among the parties to this action
relating to trade secrets, confidential research,
development, technology or other proprietary information
belonging to Defendants, and/or personal income, credit and
other confidential information of Plaintiffs;
WHEREAS,
an order of this Court is necessary to protect Defendants
from annoyance, embarrassment, oppression, or undue burden or
expense related to the disclosure of Defendants'
confidential, proprietary or private information for purposes
other than prosecuting and defending this litigation; and
WHEREAS,
this Order does not confer blanket protection on all
disclosures or responses to discovery, and the protection it
gives from public disclosure and use extends only to the
specific documents and material entitled to confidential
treatment under applicable legal principles.
THEREFORE,
an Order of this Court protecting such confidential
information shall be and hereby is made by this Court on the
following terms:
1. In
accordance with Local Rule 141.1(c), this Order shall govern
the use, handling and disclosure of the following categories
of confidential documents:
a. Experian Confidential Documents: Policy and Procedure
materials; Training materials; Administrative Reports;
Dispute Response Logs (or "D/R") Logs; Disclosure
Logs; and Transaction Logs (collectively, the "Experian
Confidential Documents"). The Experian Confidential
Documents are all internal materials created by Experian
exclusively for use by its employees, and/or reports
generated by Experian's computer system for a specific
consumer and in response to the instant lawsuit. These
Experian Confidential Documents may only be generated by a
very limited number of trained Experian employees, and access
is restricted to those with an absolute need to know. The
Experian Confidential Documents contain "trade secret or
other confidential research, development, or commercial
information, " as defined in Fed. R. Civ. Proc.
26(c)(1)(G). Codes appearing throughout the Experian
Confidential Documents provide critical information about
Experian's computer credit reporting system, which
embodies the core of Experian's business. Experian has
implemented extensive ...