Exhibit A - Proposed Stipulated Protective Order — Bofa Ca Unemployment (Dkt. 81.1)

Record facts

U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 81-1 · 2021-09-24 · Docket on CourtListener

Full text

Exhibit A
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STIPULATED PROTECTIVE ORDER 
 
CASE NO. 21-MD-02992-LAB-MSB 
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JOSEPH W. COTCHETT (SBN 36324) 
jcotchett@cpmlegal.com 
BRIAN DANITZ (SBN 247403) 
bdanitz@cpmlegal.com 
KARIN B. SWOPE (Pro Hac Vice) 
kswope@cpmlegal.com 
ANDREW F. KIRTLEY (SBN 328023) 
akirtley@cpmlegal.com 
KEVIN J. BOUTIN (SBN 334965) 
kboutin@cpmlegal.com 
COTCHETT, PITRE & McCARTHY, LLP 
840 Malcolm Road, Suite 200 
Burlingame, CA 94010 
Telephone: (650) 697-6000 
Fax: (650) 697-0577
MICHAEL RUBIN (SBN 80618) 
mrubin@altber.com 
STACEY M. LEYTON (SBN 203827) 
sleyton@altber.com 
MATTHEW MURRAY (SBN 271461) 
mmurray@altber.com 
CONNIE K. CHAN (SBN 284230) 
cchan@altber.com 
ALTSHULER BERZON LLP 
177 Post Street, Suite 300 
San Francisco, CA 94108 
Telephone: (415) 421-7151 
Fax: (415) 362-8064 
 
Co-Lead Counsel for Plaintiffs and the Proposed Class  
(Additional Counsel Listed Below) 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA  
SAN DIEGO DIVISION 
IN RE BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
Case No. 3:21-md-02992-LAB-MSB 
 
STIPULATED PROTECTIVE 
ORDER 
 
 
This Document Relates to All Actions 
 
 
 
 
 
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1. 
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 79.2 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. 
2. 
DEFINITIONS 
2.1 
Challenging Party:  a Party or Non-Party that challenges the 
designation of information or items under this Order. 
2.2 
“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). 
2.3 
Counsel (without qualifier):  Outside Counsel of Record and House 
Counsel (as well as their support staff). 
2.4 
Designating Party:  a Party or Non-Party that designates information or 
items that it produces in disclosures or in responses to discovery as 
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 
ONLY.” 
2.5 
Disclosure or Discovery Material:  all items or information, regardless 
of the medium or manner in which it is generated, stored, or maintained (including, 
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among other things, testimony, transcripts, and tangible things), that are produced 
or generated in disclosures or responses to discovery in this matter. 
2.6 
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. 
2.7 
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 
Information or Items: non-public, extremely sensitive “Confidential Information or 
Items” that are highly proprietary or highly sensitive, disclosure of which to another 
Party or Non-Party would create a substantial risk of significant competitive or 
commercial disadvantage, or a substantial risk of harm resulting from misuse of the 
disclosed information (including but not limited to use for fraudulent, criminal, or 
otherwise unlawful purposes), that could not be avoided by less restrictive means, 
including but not limited to highly sensitive competitive, financial, or personal 
information.   
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 law interns and 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 
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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, including 
drafts and notes reflecting Disclosure or Discovery Material, that is designated as 
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 
ONLY.”   
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. 
However, the protections conferred by this Stipulation and Order do not cover the 
following information: (a) any information that is in the public domain at the time 
of disclosure to a Receiving Party or becomes part of the public domain after its 
disclosure to a Receiving Party as a result of publication not involving a violation 
of this Order, including becoming part of the public record through trial or 
otherwise; and (b) any information known to the Receiving Party prior to the 
disclosure or obtained by the Receiving Party after the disclosure from a source 
who obtained the information lawfully and under no obligation of confidentiality to 
the Designating Party. Any use of Protected Material at trial shall be governed by a 
separate agreement or order. 
4. 
DURATION 
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Even after final disposition of this litigation, the confidentiality obligations 
imposed by this Order shall remain in effect until a Designating Party agrees 
otherwise in writing or a court order otherwise directs. Final disposition shall be 
deemed to be the later of (1) dismissal of all claims and defenses in this action, with 
or without prejudice; and (2) final judgment herein after the completion and 
exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 
including the time limits for filing any motions or applications for extension of time 
pursuant to applicable law. 
5. 
DESIGNATING PROTECTED MATERIAL 
5.1 
Exercise of Restraint and Care in Designating Material for Protection. 
Each Party or Non-Party that designates information or items for protection under 
this Order must take care to limit any such designation to specific material that 
qualifies under the appropriate standards. The Designating Party must designate for 
protection only those parts of material, documents, items, or oral or written 
communications that qualify – so that other portions of the material, documents, 
items, or communications for which protection is not warranted are not swept 
unjustifiably within the ambit of this Order. 
Mass, indiscriminate, or routinized designations are prohibited. Designations 
that are shown to be clearly unjustified or that have been made for an improper 
purpose (e.g., to unnecessarily encumber or retard the case development process or 
to impose unnecessary expenses and burdens on other parties) expose the 
Designating Party to sanctions. 
If it comes to a Designating Party’s attention that information or items that it 
designated for protection do not qualify for protection, that Designating Party must 
promptly notify all other Parties that it is withdrawing the mistaken designation. 
5.2 
Manner and Timing of Designations.  Except as otherwise provided in 
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 
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under this Order must be clearly so designated before the material is disclosed or 
produced. 
Designation in conformity with this Order requires: 
(a)  for information in documentary form (e.g., paper or electronic 
documents, but excluding transcripts of depositions or other pretrial or trial 
proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or 
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that 
contains protected material.  
(b)  for testimony given in deposition or in other pretrial or trial proceedings, 
a Party shall designate either on the record at the deposition, hearing, or other 
proceeding, or by written notice from counsel within twenty-one (21) calendar days 
of receipt of the transcript.  Unless otherwise designated at the deposition, the entire 
transcript (including exhibits) shall be treated as HIGHLY CONFIDENTIAL – 
ATTORNEYS’ EYES ONLY under this Protective Order until the expiration of the 
above referenced 21-day period for designation, except that the deponent may 
review the transcript of his or her own deposition during this period.  The Parties 
may also agree to extend the time period for providing such designations.  Any 
exhibit that was marked with a confidentiality designation at the time of production, 
and which still bears that mark at the time of its use in a deposition, shall be 
presumed to fall within the provisions of this Order without further designation. 
Transcripts containing Protected Material shall have an obvious legend on the title 
page that the transcript contains Protected Material.  The Designating Party shall 
inform the court reporter of these requirements.  
(c)  for information produced in some form other than documentary and for 
any other tangible items, that the Producing Party affix in a prominent place on the 
exterior of the container or containers in which the information or item is stored the 
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 
EYES ONLY.”  If only a portion or portions of the information or item warrant 
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protection, the Producing Party, to the extent practicable, shall identify the 
protected portion(s). 
5.3 
Inadvertent Failures to Designate.  If timely corrected upon learning of 
a failure to designate, an inadvertent failure to designate qualified information or 
items does not, standing alone, waive the Designating Party’s right to secure 
protection under this Order for such material. Upon timely correction of a 
designation, the Receiving Party must make reasonable efforts to assure that the 
material is treated in accordance with the provisions of this Order. 
6. 
CHALLENGING CONFIDENTIALITY DESIGNATIONS 
6.1 
Timing of Challenges.  Any Party or Non-Party may challenge a 
designation of confidentiality at any time.  Unless a prompt challenge to a 
Designating Party’s confidentiality designation is necessary to avoid foreseeable, 
substantial unfairness, unnecessary economic burdens, or a significant disruption or 
delay of the litigation, a Party does not waive its right to challenge a confidentiality 
designation by electing not to mount a challenge promptly after the original 
designation is disclosed. 
6.2 
Meet and Confer.  The Challenging Party shall initiate the dispute 
resolution process under Civil Local Rule 26.1 by providing written notice of each 
designation it is challenging and describing the basis for each challenge.  To avoid 
ambiguity as to whether a challenge has been made, the written notice must recite 
that the challenge to confidentiality is being made in accordance with this specific 
paragraph of the Protective Order.  The parties shall attempt to resolve each 
challenge in good faith and must begin the process by conferring directly (in voice 
to voice dialogue; other forms of communication are not sufficient) within 14 days 
of the date of service of notice.  In conferring, the Challenging Party must explain 
the basis for its belief that the confidentiality designation was not proper and must 
give the Designating Party an opportunity to review the designated material, to 
reconsider the circumstances, and, if no change in designation is offered, to explain 
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the basis for the chosen designation.  A Challenging Party may proceed to the next 
stage of the challenge process under Civil Local Rule 26.1 only if it has engaged in 
this meet and confer process first or establishes that the Designating Party is 
unwilling to participate in the meet and confer process in a timely manner. 
6.3 
Judicial Intervention.  If the Parties cannot resolve a challenge without 
court intervention, the Designating Party shall file and serve a motion to retain 
confidentiality under Civil Local Rule 7.1 (and in compliance with Civil Local Rule 
79.2, if applicable) within 21 days of the initial notice of challenge or within 14 
days of the parties agreeing that the meet and confer process will not resolve their 
dispute, whichever is earlier. Each such motion must be accompanied by a 
competent declaration affirming that the movant has complied with the meet and 
confer requirements imposed in the preceding paragraph. Failure by the 
Designating Party to make such a motion including the required declaration within 
21 days (or 14 days, if applicable) shall automatically waive the confidentiality 
designation for each challenged designation. In addition, the Challenging Party may 
file a motion challenging a confidentiality designation at any time if there is good 
cause for doing so, including a challenge to the designation of a deposition 
transcript or any portions thereof. Any motion brought pursuant to this provision 
must be accompanied by a competent declaration affirming that the movant has 
complied with the meet and confer requirements imposed by the preceding 
paragraph. 
The burden of persuasion in any such challenge proceeding shall be on the 
Designating Party. Frivolous challenges, and those made for an improper purpose 
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may 
expose the Challenging Party to sanctions. Unless the Designating Party has waived 
the confidentiality designation by failing to file a motion to retain confidentiality as 
described above, all parties shall continue to afford the material in question the 
level of protection to which it is entitled under the Producing Party’s designation 
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until the court rules on the challenge. 
7. 
ACCESS TO AND USE OF PROTECTED MATERIAL 
7.1 
Basic Principles. A Receiving Party may use Protected Material that is 
disclosed or produced by another Party or by a Non-Party in connection with this 
case only for prosecuting, defending, or attempting to settle this litigation. Such 
Protected Material may be disclosed only to the categories of persons and under the 
conditions described in this Order. When the litigation has been terminated, a 
Receiving Party must comply with the provisions of section 13 below (FINAL 
DISPOSITION). 
Protected Material must be stored and maintained by a Receiving Party at a 
location and in a secure manner that ensures that access is limited to the persons 
authorized under this Order. 
7.2 
Disclosure of “CONFIDENTIAL” Information or Items. Unless 
otherwise ordered by the court or permitted in writing by the Designating Party, a 
Receiving Party may disclose any information or item designated 
“CONFIDENTIAL” only to: 
(a)  the Receiving Party’s Outside Counsel of Record in this action, as well 
as employees of said Outside Counsel of Record to whom it is reasonably necessary 
to disclose the information for this litigation; 
(b)  the officers, directors, and employees (including House Counsel) of the 
Receiving Party to whom disclosure is reasonably necessary for this litigation and 
who have signed the “Acknowledgment and Agreement to Be Bound” that is 
attached hereto as Exhibit A; 
(c)  Experts (as defined in this Order) of the Receiving Party to whom 
disclosure is reasonably necessary for this litigation and who have signed the 
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 
A; 
(d)  the court and its personnel; 
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(e)  court reporters and their staff, professional jury or trial consultants, mock 
jurors, and Professional Vendors to whom disclosure is reasonably necessary for 
this litigation and who have signed the “Acknowledgment and Agreement to Be 
Bound” (Exhibit A); 
(f)  during their depositions, witnesses in the action to whom disclosure is 
reasonably necessary and who have signed the “Acknowledgment and Agreement 
to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or 
ordered by the court. Pages of transcribed deposition testimony or exhibits to 
depositions that reveal Protected Material must be separately bound by the court 
reporter and may not be disclosed to anyone except as permitted under this 
Stipulated Protective Order; 
(g)  the author or recipient of a document containing the information or a 
custodian or other person who otherwise possessed or knew the information; 
(h)  any special master, referee, mediator, or arbitrator appointed by the court 
or selected by the parties to assist in the resolution of this action. 
7.3   Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 
ONLY” Information or Items:  Unless otherwise ordered by the court or permitted 
in writing by the Designating Party, a Receiving Party may disclose any 
information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 
EYES ONLY” only to:  
(a)  the Receiving Party’s Outside Counsel of Record in this action, as well 
as employees of said Outside Counsel of Record to whom it is reasonably necessary 
to disclose the information for this litigation and who have signed the 
“Acknowledgment and Agreement to Be Bound” (Exhibit A); 
(b)  Experts of the Receiving Party (1) to whom disclosure is reasonably 
necessary for this litigation, (2) who have signed the “Acknowledgment and 
Agreement to Be Bound” (Exhibit A), and (3) who have followed the procedures 
set forth in paragraph 7.4 below;   
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(c)  the court and its personnel; 
(d)  court reporters and their staff, professional jury or trial consultants, and 
Professional Vendors to whom disclosure is reasonably necessary for this litigation 
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 
A); 
(e)  the author or recipient of a document containing the information or a 
custodian or other person who otherwise possessed or knew the information; and 
(f)  any special master, referee, mediator or arbitrator appointed by the court 
or selected by the parties to assist in the resolution of this action. 
7.4   Procedures for Approving or Objecting to Disclosure of  “HIGHLY 
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to Certain 
Experts:   
(a)  Unless otherwise ordered by the court or agreed to in writing by the 
Designating Party, a Party that seeks to disclose to an Expert any information or 
item that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ 
EYES ONLY” pursuant to paragraph 7.3(b) first must make a written request to the 
Designating Party that (1) identifies the general categories of “HIGHLY 
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information that the Receiving 
Party seeks permission to disclose to the Expert, (2) sets forth the full name of the 
Expert and the city and state of his or her primary residence, and (3) attaches a copy 
of the Expert’s current curriculum vitae. 
(b) A Party that makes a request and provides the information specified in the 
preceding paragraph may disclose the subject Protected Material to the identified 
Expert unless, within ten (10) days of delivering the request, the Party receives a 
written objection from the Designating Party.  Any such objection must set forth in 
detail the grounds on which it is based.  
(c) A Party that receives a timely written objection must meet and confer 
with the Designating Party to try to resolve the matter by agreement within five (5) 
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days of receipt of the written objection.  If no agreement is reached, the Designating 
Party seeking to prevent the disclosure to the Expert may file a motion pursuant to 
the Local Rules seeking an order from the court to prevent disclosure.  Any such 
motion must describe the circumstances with specificity, set forth in detail the 
reasons why disclosure to the Expert would be harmful, assess the risk of harm that 
the disclosure would entail, and suggest any additional means that could be used to 
reduce that risk.  In addition, any such motion must be accompanied by a competent 
declaration describing the Parties’ efforts to resolve the matter by agreement (i.e., 
the extent and content of the meet-and-confer discussions) and setting forth the 
reasons advanced by the Receiving Party for why disclosure to the Expert is 
reasonably necessary.  In any such proceeding, the Party opposing disclosure to the 
Expert shall bear the burden of proving that the risk of harm that the disclosure 
would entail (under the safeguards proposed) outweighs the Receiving Party’s need 
to disclose the Protected Material to its Expert.  
8. 
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 
IN OTHER LITIGATION  
If a Party is served with a subpoena or a court order issued in other litigation 
that compels disclosure of any information or items designated in this action as 
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 
ONLY,” that Party must:  
(a)  promptly notify in writing the Designating Party. Such notification shall 
include a copy of the subpoena or court order;  
(b)  promptly notify in writing the party who caused the subpoena or order to 
issue in the other litigation that some or all of the material covered by the subpoena 
or order is subject to this Protective Order. Such notification shall include a copy of 
this Stipulated Protective Order; and  
(c)  cooperate with respect to all reasonable procedures sought to be pursued 
by the Designating Party whose Protected Material may be affected. 
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If the Designating Party timely seeks a protective order or other such order 
seeking to limit disclosure of any Protected Material, the Party served with the 
subpoena or court order shall not produce any information designated in this action 
as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 
ONLY” before a determination by the court from which the subpoena or order 
issued, unless the Party has obtained the Designating Party’s permission. The 
Designating Party shall bear the burden and expense of seeking protection in that 
court of its confidential material – and nothing in these provisions should be 
construed as authorizing or encouraging a Receiving Party in this action to disobey 
a lawful directive from this court or another court.  
9. 
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 
PRODUCED IN THIS LITIGATION 
(a)  The terms of this Order are applicable to information produced by a Non-
Party in this action and designated as “CONFIDENTIAL” or “HIGHLY 
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”  Such information produced 
by Non-Parties in connection with this litigation is protected by the remedies and 
relief provided by this Order. Nothing in these provisions should be construed as 
prohibiting a Non-Party from seeking additional protections.  
(b)  In the event that a Party is required, by a valid discovery request, to 
produce a Non-Party’s confidential information in its possession, and the Party is 
subject to an agreement with the Non-Party not to produce the Non-Party’s 
confidential information, then the Party shall:  
(1)  promptly notify in writing the Requesting Party and the Non-Party 
that some or all of the information requested is subject to a confidentiality 
agreement with a Non-Party; 
(2)  promptly provide the Non-Party with a copy of the Stipulated 
Protective Order in this litigation, the relevant discovery request(s), and a 
reasonably specific description of the information requested; and  
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(3)  make the information requested available for inspection by the 
Non-Party.  
(c)  If the Non-Party fails to object or seek a protective order from this court 
within 14 days of receiving the notice and accompanying information, the 
Receiving Party may produce the Non-Party’s confidential information responsive 
to the discovery request. If the Non-Party timely seeks a protective order or other 
such order seeking to limit disclosure of any Protected Material, the Receiving 
Party shall not produce any information in its possession or control that is subject to 
the confidentiality agreement with the Non-Party before a determination by the 
court.  Absent a court order to the contrary, the Non-Party shall bear the burden and 
expense of seeking protection in this court of its Protected Material. 
10. 
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 
Protected Material to any person or in any circumstance not authorized under this 
Stipulated Protective Order, the Receiving Party must immediately (a) notify in 
writing the Designating Party of the unauthorized disclosures, (b) use its best 
efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 
person or persons to whom unauthorized disclosures were made of all the terms of 
this Order, and (d) request such person or persons to execute the “Acknowledgment 
and Agreement to Be Bound” that is attached hereto as Exhibit A. 
11. 
NO WAIVER OF PRIVILEGED OR OTHERWISE PROTECTED 
MATERIAL 
(a)   When a Producing Party gives notice to Receiving Parties that certain 
produced material is subject to a claim of privilege or other protection, the 
obligations of the Receiving Parties are those set forth in Federal Rule of Civil 
Procedure 26(b)(5)(B). This provision is not intended to modify whatever 
procedure may be established in an e-discovery order that provides for production 
without prior privilege review.  
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(b)   Pursuant to Federal Rule of Evidence 502(d), the production by any of 
the undersigned Parties or non-Parties to the Action of any Disclosure or Discovery 
Material during the discovery in this Action that is protected by the attorney-client 
privilege, work-product doctrine, or any other privilege or protection, whether 
inadvertent or not, shall be without prejudice to any subsequent claim by the 
Producing Party that such Discovery Material is privileged or attorney work 
product, and shall not constitute a waiver of any such privilege or protection in the 
litigation pending before the Court, or any other federal or state proceeding.  In the 
event that any Disclosure or Discovery Material that is subject to a privilege or 
protection is produced, the producing Party or Non-Party shall give written notice 
of such production within 20 days of discovery of the production (the “Privilege or 
Protection Notice”).  If a Receiving Party disputes the asserted privilege or 
protection, within 20 days of receipt of the Privilege or Protection Notice, the 
Receiving Party shall initiate the dispute resolution process under Civil Local Rule 
26.1.   
12. 
MISCELLANEOUS 
12.1 In the event that additional parties join or are joined in this Litigation, 
they shall not have access to Discovery Material until the newly joined Party, by its 
counsel, has executed and filed with the Court its agreement to be fully bound by 
this Stipulated Protective Order. 
12.2  Right to Further Relief. Nothing in this Order abridges the right of any 
person to seek its modification by the court in the future. 
12.3 Right to Assert Other Objections. By stipulating to the entry of this 
Protective Order no Party waives any right it otherwise would have to object to 
disclosing or producing any information or item on any ground not addressed in 
this Stipulated Protective Order. Similarly, no Party waives any right to object on 
any ground to use in evidence of any of the material covered by this Protective 
Order. 
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STIPULATED PROTECTIVE ORDER 
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12.4. When any Receiving Party ships any Discovery Material to others 
designated in this Order as authorized to receive Protected Material, the Receiving 
Party will encrypt any electronic data (if the Protected Material is in that format) 
and supply the password in separate correspondence to the recipient.  If the 
Protected Material is in hard copy/paper form, the Receiving Party will ship the 
Protected Material using secure packaging tape via Federal Express or UPS and 
retain a tracking number for the materials.  If the Receiving Party learns at any time 
that Discovery Material may have been retrieved or viewed by unauthorized parties, 
it will immediately notify the Producing Party and take all reasonable measures to 
retrieve the improperly disclosed Discovery Material. 
12.5 Filing Protected Material. Without written permission from the 
Designating Party or a court order secured after appropriate notice to all interested 
persons, a Party may not file in the public record in this action any Protected 
Material. No document may be filed under seal, except pursuant to a court order 
that authorizes the sealing of the particular document, or portion of the document. A 
sealing order may issue only upon a showing that the information is privileged or 
protectable under the law. The request must be narrowly tailored to seek sealing 
only of the confidential or privileged material. To file a document under seal, the 
parties must comply with the procedures explained in Section 2.j of the Electronic 
Case Filing Administrative Policies and Procedures Manual for the United States 
District Court for the Southern District of California and Civil Local Rule 79.2. In 
addition, a party must file a redacted version of any document that it seeks to file 
under seal. The document must be titled to show that it corresponds to an item filed 
under seal, e.g., ‘Redacted Copy of Sealed Declaration of John Smith in Support of 
Motion for Summary Judgment.’ The party should file the redacted document(s) 
simultaneously with a joint motion or ex parte application requesting that the 
confidential portions of the document(s) be filed under seal and setting forth good 
cause for the request.   
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13. 
FINAL DISPOSITION 
Within 60 days after the final disposition of this action, as defined in 
paragraph 4, each Receiving Party must undertake commercially reasonable efforts 
to return all Protected Material to the Producing Party or destroy such material. As 
used in this subdivision, “all Protected Material” includes all copies, abstracts, 
compilations, summaries, and any other format reproducing or capturing any of the 
Protected Material. Whether the Protected Material is returned or destroyed, the 
Receiving Party must submit a written certification to the Producing Party (and, if 
not the same person or entity, to the Designating Party) by the 60 day deadline that 
(1) identifies (by category, where appropriate) all the Protected Material that was 
returned or destroyed and (2) affirms that the Receiving Party has not retained any 
copies, abstracts, compilations, summaries or any other format reproducing or 
capturing any of the Protected Material.  As to those materials that contain, reflect, 
incorporate, attach, or reference attorney work product, Counsel for Defendant and 
Interim Co-Lead Counsel for the Parties shall be entitled, without violating this 
Order, to retain such work product in their files, so long the terms of this Order will 
continue to govern any such retained materials.  In addition, Counsel for Defendant 
and Interim Co-Lead Counsel shall be entitled, without violating this Order, to 
retain pleadings, affidavits, motions, briefs, expert reports (and exhibits thereto), 
correspondence (including internal correspondence and e-mail), any other papers 
filed with the Court (including exhibits), deposition transcripts, and the trial record 
(including exhibits) even if such materials contain or describe “CONFIDENTIAL” 
and/or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information 
or items, so long as this Order will continue to govern any such retained materials.  
The Receiving Party’s commercially reasonable efforts shall not require the return 
or destruction of materials that (a) are stored on backup storage media made in 
accordance with regular data backup procedures for disaster recovery purposes; (b) 
are located in the email archive system or archived electronic files of departed 
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employees; or (c) are subject to legal hold obligations.  Backup storage media need 
not be restored for purpose of returning or certifying destruction of materials, but 
any such materials retained in backup storage media shall continue to be treated in 
accordance with this Order.  If any “CONFIDENTIAL” or “HIGHLY 
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” data on a back-up tape is 
restored through the employment of “undelete” software and other similar computer 
forensic techniques, the Parties and their respective representatives are obligated, to 
the extent commercially reasonable, to delete such restored information.  If 
destruction is not commercially reasonable, the Parties and their respective 
representatives must treat any “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 
– ATTORNEYS’ EYES ONLY” information or items in accordance with this 
Order.  Nothing in this Paragraph shall obligate any Party to destroy its own 
“CONFIDENTIAL” and/or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 
ONLY” information or items at the close of this action or at any other time.  
 
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 
Dated: September 24, 2021 
 
 
 
 
 
 
 
 
 
Dated: September 24, 2021 
 
 
 
 
 
 
By:  /s/ Brian Danitz 
COTCHETT, PITRE & MCCARTHY, LLP 
JOSEPH W. COTCHETT  
BRIAN DANITZ 
KARIN SWOPE 
ANDREW F. KIRTLEY 
 
Co-Lead Counsel for Plaintiffs and the Class 
 
By:  /s/ Michael Rubin 
ALTSHULER BERZON LLP 
MICHAEL RUBIN 
STACEY M. LEYTON 
MATTHEW MURRAY 
CONNIE K. CHAN 
 
Co-Lead Counsel for Plaintiffs and the Class
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STIPULATED PROTECTIVE ORDER 
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Dated: September 24, 2021 
 
 
 
 
 
 
 
 
 
 
Dated: September 24, 2021 
 
 
 
 
 
 
 
 
Dated: September 24, 2021 
By:  /s/ Yvonne W. Chan 
GOODWIN PROCTER LLP 
LAURA A. STOLL 
DAVID R. CALLAWAY 
JAMES W. MCGARRY 
YVONNE W. CHAN 
THOMAS M. HEFFERON 
 
Counsel for Defendant Bank of America, N.A. 
 
 
By:  /s/ Arlene R. Yang 
MEYERS NAVE, A PROFESSIONAL 
CORPORATION 
JANICE P. BROWN 
ARLENE R. YANG 
 
Counsel for Defendant Bank of America, N.A. 
 
 
By:  /s/ Barry W. Lee 
MANATT PHELPS & PHILLIPS LLP  
BARRY W. LEE 
 
Counsel for Defendant Bank of America, N.A.
 
 
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STIPULATED PROTECTIVE ORDER 
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PURSUANT TO STIPULATION, IT IS SO ORDERED. 
 
DATED: ___________________    ______________________________ 
 
 
 
 
      United States District/Magistrate Judge 
 
 
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EXHIBIT A 
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 
I, _____________________________ [print or type full name], of 
________________________________________ [print or type full address], 
declare under penalty of perjury that I have read in its entirety and understand the 
Stipulated Protective Order that was issued by the United States District Court for 
the Southern District of California on [date] in the case of In re Bank of America 
California Unemployment Benefits Litigation, Case No. 3:21-md-02992-LAB-
MSB. I agree to comply with and to be bound by all the terms of this Stipulated 
Protective Order and I understand and acknowledge that failure to so comply could 
expose me to sanctions and punishment in the nature of contempt. I solemnly 
promise that I will not disclose in any manner any information or item that is 
subject to this Stipulated Protective Order to any person or entity except in strict 
compliance with the provisions of this Order. 
I further agree to submit to the jurisdiction of the United States District Court 
for the Southern District of California for the purpose of enforcing the terms of this 
Stipulated Protective Order, even if such enforcement proceedings occur after 
termination of this action. 
 
Date: ______________________________________ 
 
City and State where sworn and signed: _________________________________ 
 
Printed name: _______________________________ 
 
Signature: _____________________________ 
 
 
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ATTESTATION OF E-FILED SIGNATURE 
 
Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative 
Policies and Procedures Manual, I, Brian Danitz, hereby certify that the content of 
this document is acceptable to all the signatories herein and that I have obtained 
counsel’s authorization to affix their electronic signatures to this document. 
 
 
 
 
 
 
 
 
/s/ Brian Danitz 
 
 
 
 
 
 
 
 
 
 
BRIAN DANITZ 
 
 
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