Stipulation and Order

Cal. Super. - 6th Dist.December 7, 2020

\OOOVONUI-PUJNH NNNNNNNNNb-Ar-Ah-dh-dr-Ar-Ar-Ah-Ar-tr-a OOQQM-PWNflowooflmm-hwwb‘o Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 1435 K011 Circle, Suite 104 San Jose, California 951 12-641 0 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Plaintiff DAVID CHAI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA DAVID CHAI, individually and on behalf Case No, 20CV373916 0f all others similarly situated, (Unlimited Civil Case) Plaintiff? Assigned for A11 Purposes t0 V' The Honorable Patricia M. Lucas VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC, a Delaware corporation; and DOES 1 through 10, inclusive, STIPULATED PROTECTIVE ORDER Defendants. The parties represent that this litigation does not present any public health 0r safety concerns and this Order does not deviate from the Model Confidentiality Order published by the Complex Division 0f the Santa Clara Coumy Superior Court. In order t0 protect the confidentiality 0f confidential information obtained by the parties in commotion with this case, the parties hereby agree as follows: Part One: Use 0f Confidential Materials in Discovegy 1. Any party 0r non-party may designate as “Confidential Information” (by stamping the relevant page 0r as otherwise set forth herein) any document 0r response t0 discovery which that party 0r non-party considers in good faith t0 contain information involving trade secrets, 0r confidential _ 1 _ STIPULATED PROTECTIVE ORDER Case N0. 20CV373916 Filed June 14, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 20CV373916 By: rwalker \OOOVQU‘I-hUJNH [\J N N [\J [\) [\J MIN [\) r-A H r-a r-a h-A n-A r-a H r-d p-A OO\]O\U‘I-bUJNP-‘O\OWNC\U‘IAUJNHO business or financial information, subject to Rules 8.45, 8.46, 8.47, 8.490, 2.550, 2.551, 2.580, and 2.585 0f the California Rules 0f Court, or under other provisions 0f California law. Where a document 0r response consists of more than one page, the first page and each page 0n Which confidential information appears shall be so designated. 2. A party 0r non-party may designate information disclosed during a deposition or in response t0 written discovery as “confidential” by so indicating in said responses 0r 0n the record at the deposition and requesting the preparation 0f a separate transcript of such material. In addition, a party 0r non-party may designate in writing, within twenty (20) days after receipt 0f said responses 0r of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as “Confidential Information.” Any other party may object to such proposal, in writing 0r on the record. Upon such objection, the parties shall follow the procedures described in paragraph 8 below. After any designation made according t0 the procedure set forth in this paragraph, the designated documents 0r information shall be treated according t0 the designation until the matter is resolved according t0 the procedures described in paragraph 8 below, and counsel for all parties shall be responsible for marking all previously unmarked copies of the designated material in their possession 0r control with the specified designation. 3. All Confidential Information produced 0r exchanged in the course 0f this case (not including information that is publicly available) shall be used by the party 0r parties t0 whom the information is produced solely for the purpose 0f this case. 4. Except with the prior written consent 0f the other parties, 0r upon prior order 0f this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than: (a) counsel for the respective parties t0 this litigation, including, in-house counsel STIPULATED PROTECTIVE ORDER Case N0. 20CV3 73 9 1 6 \OOOQONUI-bUJNr-d NNNNNNNNNHn-Ab-dr-Ab-Ar-ir-dp-‘o-dr-A OONQUl-bUJNHOKDOOQQUi-bWNF-‘O and co-counsel retained for this litigation, (b) employees 0f such counsel, (c) individual parties 0r officers 0r employees 0f a party, t0 the extent deemed necessary by counsel for the prosecution or defense 0f this litigation, (d) consultants 0r expert Witnesses retained for the prosecution 0r defense of this litigation, provided that each person shall execute a copy 0f the Certification annexed t0 this Order (which shall be retained by counsel t0 the party so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency 0r after the termination of the action only upon good cause shown and upon order 0f the Court) before being shown 0r given any Confidential Information, and provided that if the party chooses a consultant or expert employed by the defendant or one 0f its competitors (as listed 0n Appendix A), the party shall notify the opposing party, 0r designating non-party, before disclosing any Confidential Information to that individual and shall give the opposing party an opportunity t0 move for a protective order preventing or limiting such disclosure; (e) any authors 0r recipients of the Confidential Information; (f) the Court, Court personnel, and court reporters; and (g) witnesses (other than persons described in paragraph 4(c) and 4(6)). A witness shall sign the Certification before being shown a confidential document. Confidential Information may be disclosed t0 a Witness Who Will not sign the Certification only in a deposition in which the party who designated the Confidential Information is represented or has been given notice that Confidential Information produced by the parw may be used. At the request 0f any party, the portion of the deposition transcript involving the Confidential Information shall be designated “Confidential” pursuant to paragraph 2 above. Witnesses shown Confidential Information shall not be allowed t0 retain STIPULATED PROTECTIVE ORDER Case N0. 20CV3 73 91 6 \OOONQUl-bUJNP-d NNNNNNNNNHHHp-AHHHHr-«H OONmUl-gWNV-‘OCOOflmm-bUJNHO copies. 5. Any persons receiving Confidential Information shall not reveal or discuss such information t0 0r With any person Who is not entitled t0 receive such information, except as set forth herein. 6. In connection with discovery proceedings as to which a party submits Confidential Information, confidential documents shall be lodged 0r filed with a confidential designation by electronic submission in the manner described in Rule 2.551(d), and pursuant to Local General Rule 6B.3. Such records must not be submitted in paper form. A11 chamber copies containing Confidential Information Which are submitted t0 the Court shall be lodged With the Court in sealed envelopes or other appropriate sealed containers by delivery t0 Court Services addressed t0 the assigned Department 0r as directed by the Court. On the outside 0f the envelopes, a copy 0f the first page 0f the document shall be attached. If Confidential Information is included in the first page attached t0 the outside 0f the envelopes, it may be deleted from the outside copy. The word “CONFIDENTIAL” shall be stamped 0n the envelope and a statement substantially in the following form shall also be printed 0n the envelope: “This envelope is sealed pursuant t0 Order 0f the Court, contains Confidential Information and is not t0 be opened 0r the contents revealed, except by Order 0f the Court 0r agreement by the parties.” 7. A party may designate as “Confidential Information” documents 0r discovery materials produced by a non-party by providing written notice to all parties of the relevant document numbers or other identification Within thirty (30) days after receiving such documents 0r discovery materials. Any party 0r non-party may voluntarily disclose to others without restriction any information designated by that party 0r non-party as Confidential Information, although a document may lose its confidential status if it is made public. STIPULATED PROTECTIVE ORDER Case N0. 20CV373916 \OOONQUI-hUJNV-d NNNNNNNNNHHHr-Ah-ar-Ah-dp-AHH OGNQUI-PUJNHOGWQONUl-hWNP-‘O 8. If a party contends that any material is not entitled to confidential treatment, such party may at any time give written notice to the party 0r non-party Who designated the material. The party 0r non-party who designatad the material shall have twenty-five (25) days from the receipt 0f such written notice t0 apply t0 the Court for an order designating the material as confidential. The party 0r non-party seeking the order has the burden 0f establishing that the document is entitled t0 protection. 9. Notwithstanding any challenge t0 the designation of material as Confidential Information, all documents shall be treated as such and shall be subject t0 the provisions hereof unless and until one 0f the following occurs: (a) the party 0r non-party who claims that the material is Confidential Information withdraws such designation in writing; or (b) the party 0r non-party who claims that the material is Confidential Information fails t0 apply t0 the Court for an order designating the material confidential Within the time period specified above after receipt 0f a written challenge t0 such designation; 0r (c) the Court rules the material is not Confidential Information. 10. A11 provisions 0f this Order restricting the communication or use of Confidential Information shall continue t0 be binding after the conclusion 0f the action, unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in possession of Confidential Information, other than that which is contained in pleadings, correspondence, and deposition transcripts, shall either (a) return such documents n0 later than thirty (30) days after conclusion 0f this action to counsel for the party 0r non-party Who provided such information, 0r (b) destroy such documents within the time period upon consent 0f the party Who provided the information and certify in writing within thirty (30) days that the documents have been destroyed. 11. Nothing herein shall be deemed t0 waive any applicable privilege or work product STIPULATED PROTECTIVE ORDER Case N0. 20CV373916 \DOONQUI-hUJNP-d NNNNNNNNNh-dt-AHHr-AHHHHH OONO‘xU‘I-bUJNF-‘OKOOOQO‘xUl-PUJNl-‘O protection, 0r to affect the ability 0f a party t0 seek relief for an inadvertent disclosure 0f material protected by privilege 0r work product protection. Any witness 0r other person, firm 0r entity from Which discovery is sought may be informed 0f and may obtain the protection 0f this Order by written advice t0 the parties’ respective counsel 0r by oral advice at the time 0f any deposition 0r similar proceeding. flat Two: Use 0f Confidential Materials in Court The following provisions govern the treatment 0f Confidential Information used at trial or submitted as a basis for adjudication 0f matters other than discovery motions or proceedings. The procedures for use of Confidential Information at trial shall be determined by the trial judge. Trial exhibits shall not be filed but must be lodged in paper form with the assigned trial department as set forth in the Court’s Local Civil Rules. These provisions are subject to Rules 8.46, 8.490, 2.550, 2.551, 2.580, and 2.585 of the California Rules 0f Court and must be construed in light 0f those Rules. 12. A party that files with the Court, 0r seeks to use at trial, materials designated as Confidential Information, and who seeks to have the record containing such information sealed, shall submit t0 the Court a motion to seal, pursuant to California Rules of Court 2.55 1. 13. A party that files with the Court, 0r seeks t0 use at trial, materials designated as Confidential Information by anyone other than itself, and who does not seek to have the record containing such information sealed, shall comply With either 0f the following requirements: (a) At least ten (10) business days prior t0 the filing 0r use 0f the Confidential Information, the submitting party shall give notice t0 all parties, and t0 any non-party that designated the materials as Confidential Information pursuant t0 this Order, of the submitting party’s intention to file 0r use the Confidential Information, including specific identification of the Confidential STIPULATED PROTECTIVE ORDER Case N0. 20CV373916 KOOONONU‘l-PUJNp-a NNNNNNNNNHHHHr-tr-Ay-Ap-xr-Ap-A OOQQU‘IhUJNP-‘OOOONQUI-QWNP-‘O Information. Any affected party 0r non-party may then file a motion t0 seal, pursuant t0 California Rules 0f Court 2.55 1; 0r (b) At the time of filing or desiring t0 use the Confidential Information, the submitting party shall submit the materials electronically with a confidential designation pursuant t0 the lodging-under-seal provision 0f California Rule 0f Court 2.55 I(d) and Local General Rule 68(3), and at the same time file in the public record redacted versions 0f the same documents. Any affected party or non-party may then file a motion to seal, pursuant to the California Rule of Court 2.55 1(b), within ten (10) business days after such lodging. Documents lodged pursuant t0 California Rule 0f Court 2.551(d) shall bear a legend stating that such materials shall be unsealed upon the expiration 0f ten (10) business days, absent the filing 0f a motion to seal pursuant to Rule 2.551(b) 0r Court Order 14. In connection with a request t0 have materials sealed pursuant t0 Section 12 0r Section 13, the moving party’s declaration pursuant to California Rule 0f Court 2.551(b)(1) shall contain sufficient particularity With respect to the particular Confidential Information and the basis for sealing to enable the Court t0 make the findings required by California Rule of Court 2.550(d) without being required t0 review each item 0f Confidential Information. 15. This Stipulated Protective Order creates no right t0 file Confidential Information under seal Without complying with California Rules 0f Court, Rules 2.550 et seq. 00000 STIPULATED PROTECTIVE ORDER Case No. 20CV373916 \DOOQO‘xUl-bUJNp-a NNNNNNNNNHa-ap-tr-Ar-dr-Ar-Ar-dl-AH OOQCNMbUJNwowooflO‘xU‘I-bWNF-‘O Dated: June 8 2021 Dated: June 8 2021 IT IS SO ORDERED. Dated: CONSUMER LAW CENTER, INC. Fred W. Schwinn (SBN 225575) D Raeon R. Roulston (SBN 255622) D Matthew C. Salmonsen (SBN 302854) Attorneys for Plaintiff DAVID CHAI BRRON y ’_ ,1 ,P.C. Tmmeso&$N 66333? Attorney for Defendants VELOCITY INVESTMENTS, LLC, and VELOCITY PORTFOLIO GROUP, INC. The Honorable Patricia M. Lucas Judge of the Superior Court STIPULATED PROTECTIVE ORDER Case N0. 20CV373916 June 14, 2021 \DOOQC‘xU‘I-PUJNH NNNNNNNNNr-dr-AHb-tr-Ar-Ab-kr-dr-Ar-a OOQQLh-hWNHOKOOONQUI-bWNi-‘O CERTIFICATION I hereby certify my understanding that Confidential Information is being provided t0 me pursuant to the terms and restrictions of the Stipulated Protective Order dated June_, 2021, in David Chai V. Velocity Investments, LLC, et al., Case N0. 20CV373916. I have been given a copy of that Order and read it. I agree to be bound by the Order. I will not reveal the Confidential Information t0 anyone, except as allowed by the Order. I Will maintain all such Confidential Information -- including copies, notes, or other transcriptions made therefrom - in a secure matter t0 prevent unauthorized access t0 it. No later than thirty (30) days after the conclusion 0f this action, I will return the Confidential Information -- including copies, notes 0r other transcriptions made therefrom -- to the counsel Who provided me With the Confidential Information. I hereby consent t0 the jurisdiction 0f the California Superior Court, County 0f Santa Clara, for the purpose 0f enforcing the Stinulated Protective Order. I declare under penalty 0f perjury that the foregoing is true and correct and that this certificate is execution this day 0f , 20 , at , By: Address: Phone: STIPULATED PROTECTIVE ORDER Case N0. 20CV3 73 91 6